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GroupTweet Terms of Service

Updated 1/5/2010

TERMS OF SERVICE:
The following terms and conditions govern all use of the GroupTweet.com website and all content, services and products available at or through the website, including, but not limited to, creation of GroupTweet multi-user Twitter account publishing connections (a "GroupTweet"), (taken together, the Website). The Website is owned and operated by GroupTweet, LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation to GroupTweet's Privacy Policy) and procedures that may be published from time to time on this Site by GroupTweet, LLC (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or services GroupTweet provides, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GroupTweet LLC, acceptance is expressly limited to these terms.

GroupTweet reserves the right to update and change the Terms of Use from time to time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. You understand and agree that GroupTweet cannot be responsible for the Content posted on the Service and you agree to use the Service at your own risk.

GroupTweet is owned and operated by GroupTweet, LLC

ACCOUNT TERMS

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process for paid accounts.
  • You are responsible for maintaining the security of your account and password. GroupTweet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

  • A valid credit card is required for paying accounts.
  • An upgrade from the free plan to any paying plan will end your free plan. You will be billed for your first month immediately upon upgrading.
  • If you switch back to the free plan, from a paying plan, you will not receive a refund for partial months usage.
  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service,
  • upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • Downgrading your Service may cause the loss of Content, features, or capacity of your Account. GroupTweet does not accept any liability for such loss.

CANCELLATION AND TERMINATION

  • You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by revoking the connection under the Twitter.com settings or by deleting your account on the GroupTweet configuration menu.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • GroupTweet, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your GroupTweet account or your access to GroupTweet services, and the forfeiture and relinquishment of all Content in your Account. GroupTweet reserves the right to refuse service to anyone for any reason at any time.
  • Please note that removing your account from the GroupTweet system does not delete the actual Twitter account, merely you are deleting the connection with the GroupTweet service.

MODIFICATIONS TO THE SERVICE AND PRICES

  • GroupTweet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
  • GroupTweet shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP

  • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  • The look and feel of the Service is copyright©2009 GroupTweet All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from GroupTweet

COMMERCIAL USE

  • GroupTweet reserves the right to display advertising via Twitter Ads through the GroupTweet system.

GENERAL CONDITIONS

  • Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  • Technical support is provided to paying account holders and is only available via email.
  • You understand that GroupTweet uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GroupTweet.
  • We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GroupTweet customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • Using automated means to interact directly with GroupTweet (scripts, bots etc) will result in immediate account termination.
  • GroupTweet does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  • You expressly understand and agree that GroupTweet shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GroupTweet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of GroupTweet to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and GroupTweet and govern your use of the Service, superseding any prior agreements between you and GroupTweet (including, but not limited to, any prior versions of the Terms of Use).

RESPONSIBILITY OF CONTRIBUTORS
If you operate a "GroupTweet", post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • Your Accounts are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
  • Your Accounts are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GroupTweet, LLC or otherwise.

By submitting Content to GroupTweet LLC, you grant GroupTweet LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Accounts. If you delete Content, GroupTweet LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GroupTweet LLC has the right (though not the obligation) to, in GroupTweet LLC's sole discretion (i) refuse or remove any content that, in GroupTweet LLC's reasonable opinion, violates any GroupTweet LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GroupTweet LLC's sole discretion. GroupTweet LLC will have no obligation to provide a refund of any amounts previously paid.

CONTENT OF THE SITE AND SERVICES
You may, to the extent the Services expressly authorize you to do so, download or copy software, applications, widgets and other materials accessible via the Services, and other items displayed via the Services for download, for your use only, provided that you maintain all copyright and other notices. You shall not store any significant portion of any Content in any form. All trademarks, service marks, and trade names which appear through the Services (other than those appearing in any Content posted by a User) are proprietary to GroupTweet and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You acknowledge and agree that if you use any of the Services to contribute Content to the Services or Third Party Services ("User Content"), you hereby do and shall grant GroupTweet a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. You also hereby do and shall grant each user of the Services a nonexclusive license to access your User Content through the Services and to use such User Content as permitted through the functionality of the Services and under these Terms. You warrant, represent and agree that you have the right to grant GroupTweet and the Services the rights set forth above. You represent, warrant and agree that you will not contribute any User Content that:

  • infringes, violates or otherwise interferes with any copyright or trademark of another party;
  • reveals any trade secret, unless you own the trade secret or have the owner's permission to post it;
  • infringes any intellectual property right of another or the privacy or publicity rights of another;
  • is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;
  • contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or
  • remains posted after you have been notified that such User Content violates these Terms. You understand and agree that:
  • GroupTweet has no special relationship with or fiduciary duty to you;
  • GroupTweet has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content;
  • the Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate;
  • GroupTweet reserves the right to remove any User Content from the Services at any time, for any reason or for no reason;
  • GroupTweet shall have the right to reformat, excerpt or translate any User Content submitted by you;
  • all information publicly or privately transmitted through the Services is the sole responsibility of the person from whom such information originated;
  • you are responsible for all of your activity in connection with the Services;
  • you are responsible for whatever material you submit, and you, not GroupTweet, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright;
  • GroupTweet cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services or the authenticity of data provided by other Users; and
  • you are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username.

Any comments, suggestions, or feedback relating to the Services (collectively "Feedback") submitted to GroupTweet shall become the property of GroupTweet or its designee. GroupTweet will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.

RESTRICTIONS
You may not (directly or indirectly):

  • post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GroupTweet user;
  • transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
  • run Maillist, Listserv, or spam through the Services;
  • modify, translate, or otherwise create derivative works of any part of the Services;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of any Service, except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or
  • modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

DISCLAIMER/RELEASE
You release GroupTweet from all liability for your having acquired or not acquired Content through the Services. GroupTweet makes no representations concerning any content contained in or accessed through the Services, and GroupTweet will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWED BY LAW, GROUPTWEET DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF CONTENT OR SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT GROUPTWEET IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; OR (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT.

INDEMNITY
You will indemnify and hold GroupTweet, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of these Terms, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY
IN NO EVENT SHALL GROUPTWEET, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; OR (4) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS OR SOFTWARE. GROUPTWEET'S COLLECTIVE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION
Either party may terminate the Services at any time by notifying the other party by any means. GroupTweet may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. GroupTweet shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GroupTweet's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with GroupTweet's prior written consent. GroupTweet may transfer, assign or delegate these Terms and its rights and obligations without consent. Both parties agree that these Terms, together with the Privacy Policy, Copyright Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind GroupTweet in any respect whatsoever. Any notice to the GroupTweet that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to legal@GroupTweet.com.