These Terms of Service apply to your use of the Twirt.me website at www.twirt.me herein refered to as "Twirt.me". This website is owned and managed by Ignite Brand Communications a privately registered business in Sydney Australia.
By using the Twirt.me website (the 'Website') and, in consideration of the mutual benefits to you and Twirt.me relating to your use of the Website and/or becoming a Member and receiving the benefits of the Service, you agree to be bound by these Terms of Service (this 'Agreement'), whether or not you register as an Twirt.me member (Twirter).
If you wish to become a Twirter and communicate with other Twirters and make use of the Twirt.me service (including any service offered by us through this Website or any service offered by us through any software/related documentation (collectively, the "Software") downloaded by you from this Website and/or any instant messaging functionality used by you in connection with such Software) (collectively, the 'Service') offered through the Website, you are required to carefully read this Agreement and indicate your acceptance of this through the 'I accept the Terms of Service' checkbox on the Profile page.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE ANY OF THIS WEBSITE, THE SOFTWARE AND/OR THE SERVICE.
This Agreement sets out the legally binding terms of your use of the Website and the Software and your membership in the Service and may be amended, varied or modified by Twirt.me from time to time.
Representations and Eligibility
You must be 18 years of age or older to register as a Member or use the Website. Membership in the Service is void where prohibited. By using the Website and/or the Software, you represent and warrant to Twirt.me that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term of Agreement
This Agreement will remain in full force and effect while you use the Website, the Software and/or are a Member. You may terminate your membership at any time, for any reason by following the termination procedures set out in the Website or upon receipt by Twirt.me of notice of termination from you in writing or by email. Twirt.me may terminate your membership for any reason at any time without notice to you.
You may also revoke access to Twirt.me from your Twitter profile.
Following termination of this Agreement for any reason whatsoever, you agree to remain bound by the terms and conditions of this Agreement.
Use of Twirt.me
Use of this Website is strictly intended for the express personal use of individual Members only and may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames of Twirters by electronic or other means for the purpose of sending unsolicited tweets and/or unauthorized framing of or linking to the Website (or any portions of the Website) will be investigated and, in such case, appropriate legal action will be taken by Twirt.me including, without limitation, civil, criminal and/or injunctive remedies.
Use of Service
You agree that Twirt.me has no responsibility or liability for the deletion, corruption or failure to store any Content maintained or transmitted on this Website or by the Service. You acknowledge that features, parameters or other services provided by Twirt.me may change at any time without prior notice to you. You acknowledge that Twirt.me reserves the right to sign out, terminate or delete your account for any reason as determined in Twirt.me's sole discretion.
Your use of the Services is subject to any limitations, conditions and restrictions established by Twirt.me from time to time and Twirt.me may alter, suspend or discontinue any aspect of the Service at any time including the availability of any Service feature, database or content and Twirt.me may impose limits on certain features and aspects of the Service from time to time without notice or liability.
Your membership and account details are private and should not be used by anyone else and you are responsible for all usage and activity on the Service by users using your Twitter credentials or account.
Reasonable efforts are taken to ensure that the content on this Site is accurate and up-to-date, however, Twirt.me makes no warranties or representations about accuracy, correctness, reliability or completeness of the information provided.
Twirt.me will take all reasonable steps to keep any information we hold about you secure, accurate and up to date. Your information is stored on servers that are protected in controlled facilities. Twirt.me will take all reasonable steps to protect all personal information held by Twirt.me, as well as communications (Twirts). However, no guarantee can be given that information sent over the Internet is always 100% secure.
Sending and receiving information over the Internet is at the user's own risk, and Twirt.me does not accept responsibility for any consequences of unauthorised access to such information.
How to access or update your information
If at any time you want to know exactly what personal information any part of the Site is holding about you, you may request details of that information by e-mailing us at email@example.com. We will endeavour to provide you with the information within seven days.
Modifying the Services
Twirt.me may modify, suspend or discontinue the Services available on the Site, or delete, modify or supplement the contents of the Site, at any time without notice.
Sign in with Twitter
Access is granted to the Twirt.me service through an authorised Twitter account. Twirt.me takes no responsibility for the availability of the Twitter service. Furthermore Twirt.me is in no way responsible or accountable for changes to the Twitter software that break Twirt.me or reduce functionality.
You can revoke access to Twirt.me from your Twitter account at any time.
Use of Software
In addition to the other terms contained in this Agreement relating to the Software, you further agree to and/or acknowledge the following:
1. Twirt.me grants to you a revocable, personal, non-transferable, non-exclusive license (without right to sub-license, rent, lease or lend) to use the Software in object code form solely in connection with your use of this Website and the Service (the "Software License");
2. you shall have no rights hereunder whatsoever to copy, reproduce, sub-license, rent, lease, lend, assign, disassemble, de-compile, translate, reverse engineer or create derivative works of or from the Software;
3. to protect Twirt.me's proprietary rights in the Software, you agree not to remove Twirt.me's copyright notice or other proprietary legends applicable to the Software;
4. the term of the Software License shall commence from the date you download (open) the Software and shall automatically expiry and terminate without any further notice required to be provided to you by Twirt.me on the date (i) you cease for any reason to be a customer or Member of Twirt.me or (ii) of termination of this Agreement hereunder;
5. upon termination of the Software License, you agree to cease making any further use of the Software;
6. Twirt.me provides the Software to you on an "as is" basis and, except as may be provided elsewhere in this Agreement, Twirt.me disclaims all warranties and conditions relating to the Software and its performance including, without limitation, any implied warranties or conditions of merchantability or fitness for a particular purpose or those arising by statute, operation of law, usage of trade, course of dealings or otherwise related to the Software, its use, its result or any in ability to use or access the Software;
Twirt.me owns and retains all proprietary rights, title and interest in and to each of the Website, the Service and the Software (and all modifications or changes thereto and all documentation, code and logic which describes such Software). The Website and the Software contains the copyrighted material, trademarks and/or other proprietary information of Twirt.me and its licensors, partners and/or advertisers. All other trademarks, logos, service marks, company or product names of any third parties set forth in this Website are the property of their respective owners. Except for any information which is in the public domain or where express written permission has been granted to you by Twirt.me, you agree not to copy, modify, publish, transmit, re-transmit, distribute, perform, display or sell any such proprietary information contained in this Website or the Software.
Content Posted on Twirt.me
You agree that Twirt.me may review and delete any publicly or privately displayed content, messages, profiles, text or other written or graphical content, materials or communications (collectively, 'Content') which does or may, in the sole judgment of Twirt.me, violate the terms of this Agreement or which might be considered offensive or illegal and/or that might violate the rights or otherwise harm or threaten the safety of any Members.
You are solely responsible for the Content that you publish, post or display on the Service or transmit to other Twirters.
In consideration of providing the Service to you and permitting you to post Content to any area of this Website, you automatically grant, and you represent and warrant that you have the right to grant, to Twirt.me an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and/or distribute any Content originally or subsequently posted by you in any public areas of this Website (collectively, 'Public Content') and to prepare derivative works of, or incorporate into other works, such Public Content, and to grant and authorize sublicenses of the foregoing. You further waive absolutely any and all moral right to be identified as author of such Public Content posted by you to any area of this Website and any similar rights in any jurisdiction. For purposes of this paragraph, you expressly agree that any Content which you initially post in any private area of this Website and subsequently re-post in any public area of this Website is hereby deemed Public Content and that any Public Content which is subsequently re-posted by you in any private area of this Website shall remain Public Content.
Twirt.me expressly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone (including any Twirter) who violates this provision, including without limitation, removing the offending Content from the Website and the Service and terminating the membership of such violators.
In connection with your use of this Website and the Service, you expressly agree that you will not:
1. 'stalk' or otherwise defame, libel, abuse, harass, threaten or otherwise cause emotional distress or violate the rights of any person (including any Twirt.me employees or customer service representatives);
2. commit any criminal or quasi criminal offence, including without limitation, any pornography, hate, assault or economic crime whatsoever or violate any law of any applicable jurisdiction;
3. publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, violent or unlawful material or information;
4. express or imply that any statements you make are endorsed by Twirt.me without our specific prior written consent;
5. advertise or offer to sell any goods or services or conduct or forward any surveys, contests or chain letters;
6. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or this Website;
7. remove any copyright, trademark or other proprietary rights notices contained in this Website or the Software or in relation to the Service or violate any copyright, trademark or other proprietary or intellectual property rights of others;
8. interfere with or disrupt the Services or this Website or the servers or networks connected to the Services or this Website or obtain or attempt to obtain any unauthorized access to the Services or this Website whether by circumvention any authentication or security feature or otherwise or accessing unauthorized data or using an unauthorized account or probing the security of the Service or this Website or attempting to overload the Service or burden its resources by any "denial of service" attacks, "flooding" of networks or other attempts to "crash" a host;
9. post, tweet or otherwise transmit any Content that contains software viruses or any other harmful or other computer code, files, Trojan horses or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to this Website or through the Service;
11. 'frame' or 'mirror' any part of the Service, without Twirt.me's prior written authorization and you will not use meta tags, links or code or other devices containing any reference to Twirt.me or this Website or the Service in order to direct any person to any other web site for any purpose;
12. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or any portion or aspect of the Service or the Software or cause others to do so.
You may not post, distribute, display or reproduce in any manner any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You are solely responsible for your interactions with other Twirt.me Twirters and Twirt.me reserves the right, but has no obligation, to monitor disputes between you and other Members. Should you have any complaints about the use of the Website or Service by another Member, please contact support using the feedback tab.
Twirt.me is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Twirt.me is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Twirt.me assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
Limitations and Exclusive Remedies
To the maximum extent permitted by law, in no event will Twirt.me be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages (including, without limitation, lost profits, loss of data or programs, cost of procurement of substitute services, service interruptions or physical, emotional or financial damages arising out of your communicating and/or meeting with other Twirters of this Service) arising from your use of the Website, the Software and/or the Service or the inability to use same, even if Twirt.me or its agents have been advised of the possibility of such damages.
Any disputes arising involving your use of the Website and/or the Service will be exclusively governed by the laws of New South Wales, Australia. You expressly consent to the exclusive forum, jurisdiction and venue of the courts of New South Wales, Australia or any other judicial district or jurisdiction as Twirt.me may determine in any and all actions, disputes or controversies relating hereto. The parties specifically agree that the performance of this Agreement, in all its respects, does not take place outside the jurisdiction of New South Wales, Australia.
You agree to defend, indemnify and hold harmless Twirt.me, its subsidiaries, affiliates, shareholder, directors, officers, agents, partners, licensors and employees, from any loss, liability, claim, cost, expense, suit, action, proceeding or demand (including reasonable legal fees and disbursements), made by any third party due to or arising out of your use of this Website, the Software and/or the Service in violation of this Agreement and/or arising from any breach of this Agreement.
Twirt.me reserves the right, at our sole discretion, to amend, modify or vary (collectively, 'aendments') the terms and conditions of this agreement at any time and such amendments shall be effective upon posting of such amended terms and conditions on this website. You agree to review the terms and conditions of this website periodically to be aware of such amendments and your continued use of this website, the software and/or the service shall be deemed your conclusive acceptance of such amended terms and conditions. If you do not agree with any amendments, you should terminate your use of this website, the software and the service.
Except as otherwise stated in these terms and conditions, Twirt.me reserves the right to provide notice of service updates/changes to you, from time to time, either by Tweets, DM's or posting on this Website.
You agree that electronic pages accessed by you on this Website are written documents and that by electronically acknowledging by "clicking" any "buttons" stating "OK" or "I Accept", "proceed", "continue", "approve" or "buttons" with similar intent shall have the same legal effect as if you had placed your signature by hand and provided hardcopy versions of such pages with intent to be legally bound with Twirt.me for their content. You accept any records or documents stored or produced by Twirt.me Active through electronic means or device as sufficient evidence for all purposes to establish such documents and the contents as correct, authentic and binding on you.
This Agreement together with any rules, policies, privacy policies, guidelines or other agreements, which are hereby accepted by you upon use of the Website and/or becoming a Member and using the Service, contains the entire agreement between you and Twirt.me regarding the use of this Website and/or the Service and/or any Software.
No waiver by either Twirt.me or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Twirt.me expressly reserves the right to assign all or any rights or duties under this Agreement to any third party and, in such case, Twirt.me shall be relieved of any and all liability under this Agreement.