By signing up for a Twickd Account or by using any Twickd Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). As used in these Terms of Service, “we”, “us” and “ours” means the applicable Twickd. Contracting Party (as defined in Section 4 below). The services offered by Twickd under the Terms of Service include various products and services to help you sell products and/or services to buyers. Any such services offered by Twickd are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time. Twickd reserves the right to update and change the Terms of Service by posting updates and changes to the Twickd website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services. You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service before creating an Account or using any Services.
To access and use the Services, you must register for a Twickd account (“Account”) by providing your current address, a valid email address, and any other information indicated as required. Twickd may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You must be the older of 18 years, or at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. You acknowledge that Twickd will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You are responsible for keeping your password secure. Twickd cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Contents”). A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Twickd may result in an immediate termination of your Services.
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service before you may use any Services. You acknowledge and agree that Twickd may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Twickd's website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Twickd's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. You may not use the Services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer's jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Twickd. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Twickd. trademarks and/or variations and misspellings thereof. Questions about the Terms of Service should be sent to service(at)twickd.com The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Twickd's Terms of Service available in another language, the most current English version of the Terms of Service will prevail. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Twickd shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Twickd's prior written consent, to be given or withheld in Twickd's sole discretion. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We may, but have no obligation to, remove Contents and suspend or terminate Accounts if we determine in our sole discretion that the products or services offered via the Services, or the Contents uploaded or posted, violate our Acceptable Use Policy (“AUP”) or these Terms of Service. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Twickd customer, Twickd employee, member, or officer will result in immediate Account termination. Twickd does not pre-screen Contents and it is in our sole discretion to refuse or remove any Contents from the Service. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Twickd employees and contractors may also be Twickd customers/creators and that they may compete with you, although they may not use your Confidential Information in doing so. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, your status as an employee of an entity, etc. Twickd retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, Twickd reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Twickd's Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (a) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (b) is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms of Service; or (c) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
You expressly understand and agree that, to the extent permitted by applicable laws, Twickd 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 resulting from the use of or inability to use the Service. To the extent permitted by applicable laws, in no event shall Twickd or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Twickd partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Twickd does not warrant that the Services will be uninterrupted, timely, secure, or error-free. Twickd does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. Twickd does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
The failure of Twickd to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Twickd and govern your use of the Services and your Account, superseding any prior agreements between you and Twickd (including, but not limited to, any prior versions of the Terms of Service).
We do not claim any intellectual property rights over the Contents you provide to Twickd. All Contents you upload remain yours. You can remove your Twickd Account at any time by deleting your Account. By uploading Contents, you agree: (a) to allow other internet users to view the Contents you post publicly; (b) to allow Twickd to store, and in the case of Contents you post publicly, display and use your Contents; (c) that Twickd can, at any time, review and delete all the Contents submitted to its Service, although Twickd is not obligated to do so; and (d) that Twickd can, at any time, claim the intellectual property of all the Contents submitted to its Service. You retain ownership over all Contents that you upload to the Account; you agree to allow others to view Contents that you post publicly. You are responsible for compliance of the Contents with any applicable laws or regulations. Twickd shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated to promote the Service.
You may cancel your Account and terminate the Terms of Service at any time by following the specific instruction indicated in your Account settings. Upon termination of the Services by either party for any reason: (a) Twickd will cease providing you with the Services and you will no longer be able to access your Account; (b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; (c) any outstanding balance owed to Twickd for your use of the Services through the effective date of such termination will immediately become due and payable in full. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. We reserve the right to modify or terminate the Twickd Service, the Terms of Service and/or your Account for any reason, without notice at any time. Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination. Fraud: Without limiting any other remedies, Twickd may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Twickd welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Twickd be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Twickd (whether submitted directly to Twickd or posted on any Twickd hosted forum or page), you waive any and all rights in the Feedback and that Twickd is free to implement and use the Feedback if desired, as provided by you or as modified by Twickd, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Twickd must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Twickd reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Twickd supports the protection of intellectual property and asks Twickd creators to do the same. It's our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our creators is infringing their intellectual property rights, they can send a DMCA Notice to Twickd's designated agent by sending an e-mail to dmca(at)twickd.com. Upon receiving a DMCA Notice, we may remove or disable access to the Contents claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification by sending an e-mail to dmca(at)twickd.com if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the Contents.