TweetTemptations.com
Web Site Agreement
The
TweetTemptations.com Web Site (the "Site") is an online information
service provided by TweetTemptations.com ("TweetTemptations.com "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. TweetTemptations.com MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents
of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are
TweetTemptations.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the
materials. You agree to grant to TweetTemptations.com a
non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation,
ideas contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to TweetTemptations.com by all
means and in any media now known or hereafter developed. You also
grant to TweetTemptations.com the right to use your name in
connection with the submitted materials and other information as
well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall have
no recourse against TweetTemptations.com for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to TweetTemptations.com.
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks or servicemarks of TweetTemptations.com.
Other product and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that,
except for information, products or services clearly identified as
being supplied by TweetTemptations.com, TweetTemptations.comdoes not
operate, control or endorse any information, products or services on
the Internet in any way. Except for TweetTemptations.com- identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with
TweetTemptations.com a. You also understand that
TweetTemptations.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
TweetTemptations.com PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
TweetTemptations.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT
IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. TweetTemptations.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
TweetTemptations.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL TweetTemptations.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TweetTemptations.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR
MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, TweetTemptations.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TweetTemptations.com makes no representations whatsoever about any
other web site which you may access through this one or which may
link to this Site. When you access a non-TweetTemptations.com web
site, please understand that it is independent from
TweetTemptations.com, and that TweetTemptations.com has no control
over the content on that web site. In addition, a link to a
TweetTemptations.com web site does not mean that
TweetTemptations.com endorses or accepts any responsibility for the
content, or the use, of such web site.
3. Indemnification.
You agree to
indemnify, defend and hold harmless TweetTemptations.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against
all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of TweetTemptations.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be
terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall
all be governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal
action or proceeding between TweetTemptations.com and you for any
purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
TweetTemptations.com's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. TweetTemptations.com may
assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not
expressly granted herein are reserved.
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