Terms of Service
Effective date of the Agreement : 2010/03/20
Acceptance of Terms
We are glad you want to use Twemple.
Twemple, Inc. is a company that manage this website, and online and mobile services named "Twemple".
Twemple allows you to post on the website twemple.com an ad named a "Twemp" witch is a product you want to sell (new or used) or to recommend, simply using our website or one of our mobile applications, or any other technology we provide or will provide in the future.
As Twemple is a location-based service for products, anything which is not a product or any product which not corresponding to this terms, will be removed from Twemple.
This page explains the terms by which you may use Twemple (collectively the "Service") through the website, mobile device software applications (“Twemple App”), applications for third-party web sites and services, and any other web or mobile services or applications owned, controlled, or offered by Twemple in association with this site.
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms (“Agreement”), whether or not you are a registered user of our Service.
You can easily contact the Twemple Team to report any problem or violation: help@twemple.com
Should you object to any term or condition of these Terms, you must immediately discontinue use of our Service. Twemple will not be held be liable for any loss or damage for non-compliance.
Twemple reserves the right, at its sole discretion, to modify or replace any of this Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Twemple may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check this Terms periodically for changes.
Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Registration
Registration is not required to access to the website and to use certain aspects of the Service like searching a product in your local community.
As Twemple is a Twitter based application and to access to other aspects of the service, you may be required to register with your personal Twitter Account. If you don't have a Twitter account you must create one.
Then you can also link your Twemple account to your Facebook Account, in order to Twemple makes updating your status update related to what you are twemping.
Twemple reserves the right to refuse the Service or access to the Service to any user, or to users who appropriate the name, likeness, email address or other personally identifiable information of another individual.
Content and License
You understand that Twemple is a service where people create contents like text, photo, links, audio, video and any other kind of content. All contents posted on Twemple, or transmitted through, or linked are the sole responsibility of the person or organization from whom content originated. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
You understand that Twemple does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is indecent, inaccurate, misleading, or objectionable. In any twemp details page you can use the "report" button to report an inappropriate content.
Furthermore Twemple can't be responsible for voluntary inaccurate posted content about a product like a price, a location, a description or any content related to a product you may be exposed.
User Conduct
Twemple is made to help people to find good deals nearby, thanks to all twemplers who twemp products worldwide. As a condition of use, you promise not to use the Service for any purpose that is prohibited by this Terms. You understand that you must have a respectfully attitude on the website and through any twemple service. Twemple reserves the right to interrupt the service for any person who don't have respect for an other, or for a place, a shop, or any organization.
Twemple Services are intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of the Terms of Use.
You agree not to twemp products or create any content that : - infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty - Advertises any illegal services or the sale of any items prohibited or restricted by applicable law - you know is false, misleading, untruthful or inaccurate - Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc. - is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane - constitutes unauthorized or unsolicited advertising - contains any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or one of the Twemple Services.
Third Party Sites
Twemple Services may contain features and functionalities that may link you or provide you with access to third party content, websites, applications, systems that are completely independent of Twemple. The access at third party websites is at your own risk. You understand that Twemple is not responsible of the qualityor reliability of third party websites.
Limitation & Termination of Service
You understand that Twemple may limits your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You understand that Twemple reserves the right at any time to modify or discontinue the Service with or without notice, and that Twemple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF TWEMPLE SERVICES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TWEMPLE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEMPLE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TWEMPLE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEMPLE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TWEMPLE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TWEMPLE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEMPLE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TWEMPLE SITE OR THE SERVICE.
Limitation of Liability
IN NO EVENT SHALL TWEMPLE, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, THE SERVICE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATE OR BUSINESS OPPORTUNITY, EVEN IF TWEMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TWEMPLE SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE. YOU AGREE THAT THE AGGREGATE LIABILITY OF TWEMPLE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, THE SERVICE OR THE CONTENT IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO TWEMPLE, IF ANY, FOR ACCESS TO AND USE OF THE SITE, THE SERVICE OR THE CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TWEMPLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold Twemple, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
General Information
These Terms are governed in all respects by the laws of the State of California, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in San Francisco, California and you consent to the exclusive jurisdiction of such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Twemple's failure to act with respect to a breach by you does not waive Twemple's right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms or any rights hereunder, and any attempt to the contrary is void. These Terms shall inure to the benefit of and be binding upon each party's successors and assigns. Twemple shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Twemple's reasonable control. Any notice required or given to you under these Terms shall be delivered by electronic mail at the e-mail address provided by you during registration. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
Contact
Help [at] twemple.com