Terms of Service
By using the Tweetminster Livewire (a service of Tweetminster Ltd.) you are agreeing to be bound by the following terms and conditions ("Terms of Service").
General Conditions
- This service is designed to aggregate content that resides on sites not owned or controlled by Tweetminster. We do not control and are not responsible for this content or for the sites that you may link to from the content that we aggregate.
- We do not claim ownership of the content that we aggregate.
- You understand that we are not associated with any of the content that we aggregate, and that we are not associated with Twitter; Twitter is a trademark of Twitter Inc; that we do not control or have any influence on the Twitter service, and that changes to Twitter may affect Tweetminster.
- We reserve the right to modify or terminate the Tweetminster service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Service at any time. If the alterations constitute a substantial change to the Terms of Service, we will notify you as outlined in the Agreement. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
- We reserve the right to refuse service to anyone for any reason at any time.
The following are the terms and conditions for use of the Tweetminster Livewire service described herein (the "Service") between Tweetminster Ltd. and you (either an individual or a legal entity that you represent as an authorized employee or agent) ("You").
Please read them carefully.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE OVER 13 AND AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT").
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
1. DEFINITIONS
"Account" refers to the user, and when applicable, billing account for the Service.
"Data" means the data concerning the trends and activities that are collected by the service and analyzed by the processing software. So it does not mean your personal data or information.
"Processing Software" means the proprietary Tweetminster Software and any upgrades to such, which analyzes, processes and visualises the data and resulting analysis shown through the Tweetminster Enterprise Wire. The number and type of charts, graphs, and statistics varies with the version and edition of the Service.
"Servers" means the servers upon which the Processing Software and Data are stored.
"Software" means the Processing Software.
2. FEES AND SERVICES
Subject to Section 14 herein, the premium elements of the service will be provided at an agreed cost. When this is the case, purchasing the premium service you will be making a payment through PayPal. We don't collect and store your billing and credit card information. We are not responsible for the policies of PayPal and of its subsidiaries or third-party providers.
Tweetminster may change its fees and payment policies for the Service from time to time including but not limited to the costs for additional features, or other fees charged to. The changes to the fees or payment policies are effective only upon Your acceptance of such charges. You will always be informed of charges and changes and you will never be charged more than what you've accepted to pay for the service. Unless otherwise stated, all fees are quoted in GB Pounds. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection of expenses (including attorneys' fees) incurred by Tweetminster will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your account.
3. MEMBER ACCOUNT
To register for the premium paid-for Service, You must complete the registration process by providing Tweetminster with current, complete and accurate information as prompted by the registration form. This information is needed to provide you with a registration code to access and use the service. You shall protect your registration code and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You agree to notify Tweetminster immediately upon learning of any unauthorized use of Your Account or any other breach of security. We will never access, use or share your account and your account details with anyone.
To log into the service, in addition to the provided registration code, you will need to enter your Twitter username and password. Tweetminster uses Twitter OAuth, a simple and secure authentication system that means that you don't need to share your Twitter password and login details with us. You can find out more about OAuth here: http://apiwiki.twitter.com/OAuth-FAQ.
4. NON-EXCLUSIVE LICENSE
Tweetminster hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to use the Service subject to the terms and conditions of this Agreement. Your license of, use of and access to the Software and the Service is conditioned upon Your compliance with the terms and conditions of the Agreement, including the following:
You will not nor will You allow any third party to (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the the Processing Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.
This license will terminate immediately if You fail to comply with the terms of this Agreement.
5. CONFIDENTIALITY
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of Your registration code issued to You by Tweetminster, and for any use or misuse of Your account resulting from any third party using a password or user name issued to You. You agree to immediately notify Tweetminster of any unauthorized use of Your account or any other breach of security known to You.
6. Copyright
The service aggregates content that resides on sites not owned or controlled by Tweetminster. We do not claim ownership of the content that we aggregate. We claim no intellectual property rights over the material we aggregate or that you provide to the service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account. This will also remove any text and images you have stored in the system. We obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please email us at wire@tweetminster.co.uk
7. INFORMATION RIGHTS AND PUBLICITY
Tweetminster and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy information collected in Your use of the Service. Tweetminster will not share information associated with You with any third parties unless Tweetminster (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Tweetminster, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Tweetminster behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by Tweetminster . When this is done, it is subject to agreements that oblige those parties to process such information only on Tweetminster's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.
8. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Tweetminster and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Tweetminster or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Tweetminster or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, Tweetminster will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Tweetminster reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.
9. DISCLAIMER OF WARRANTIES
The service aggregates content that resides on sites not owned or controlled by Tweetminster. We do not produce any content, and do not control and are not responsible for the content we aggregate or for the sites that you may link to from the content that we aggregate. This includes any sponsored content, such as, but not limited to, advertisement. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Tweetminster may make improvements and/or changes in the Service or Software at any time, with or without notice. Tweetminster does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Software or any other software on the Server are free of viruses or other harmful components. Tweetminster does not warrant or represent that the use of the Service will be correct, accurate, timely or otherwise reliable. Tweetminster cannot guarantee the accuracy of proper functioning of data that it licenses and makes available from third parties.
THE SERVICE, THE SOFTWARE AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TWEETMINSTER AND/OR ITS SUBSIDIARIES AND AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SOFTWARE, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TWEETMINSTER DOES NOT WARRANT THAT THE SERVICE, THE SOFTWARE OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
10. LIMITATION OF LIABILITY
TWEETMINSTER AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF TWEETMINSTER AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
Tweetminster's (and its wholly owned subsidiaries') total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed GBP £100.
11. SERVICE LEVELS
Tweetminster does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, third party service, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Tweetminster's (or its wholly owned subsidiaries') control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labour conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Tweetminster (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Data at all times also is not guaranteed.
12. PROPRIETARY RIGHTS NOTICE
The Service, which includes but is not limited to the Software and all intellectual property rights in the Service are, and shall remain, the property of Tweetminster (and its wholly owned subsidiaries). All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Tweetminster and its licensors without restriction, including, without limitation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Tweetminster; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Tweetminster (or its wholly owned subsidiaries) other than in the name of Tweetminster (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
13. TERM and TERMINATION
This agreement naturally terminates when an account and its associated subscription expires and is not renewed.
Either party to the Agreement may terminate it at any time and for any reason.
Upon any termination or expiration of this Agreement, Tweetminster will cease providing the Service, (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical report data will no longer be available to You unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination.
14. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Tweetminster reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.tweetminster.co.uk. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Tweetminster, (ii) You accept updated terms online, or (iii) You continue to use the Service after Tweetminster has posted updates to the Agreement or to any policy governing the Service.
15. MISCELLANEOUS; APPLICABLE LAW AND VENUE
Tweetminster shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the United Kingdom and Wales without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and British law, rules, and regulations, British law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the City of London, United Kingdom. Any notices to Tweetminser must be sent to:
You may not assign or otherwise transfer any of Your rights hereunder without Tweetminster's prior written consent, and any such attempt is void. The relationship between Tweetminster and You is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. The following sections of this Agreement will survive any termination thereof: 1, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14 and 15.
