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Terms of service
Here's the official A Million Tweets Terms of service. (Unfortunately this can't be done in 140 characters or less ;-)
If you have any questions, contact me.
1. Acceptance of Terms
Welcome to A Million Tweets (the "service"), a website owned by
Benjamin Klemencic, an Augsburg/Germany and Vienna/Austria resident. A Million Tweets provides its service
to you, subject to the following Terms of service.
2. Description of service
A Million Tweets currently provides users with mechanism to send short messages
to Twitter, a third-party microblogging service at a cost of €1.00 EUR per
message (= donation) excluding the fees PayPal charges. This donation will be passed the 501(c)3 non-profit organization Charity: Water which will directly fund freshwater projects in developing nations.
(Unfortunately PayPals micropayment fees with Austrian or German accounts are high. Alternatives are highly welcomed. Please don't hesitate to contact me.)
3. content Submitted or Made Available for Inclusion on the service
A Million Tweets does not claim ownership of any text, links or graphics
("content") you submit for inclusion on the service. However,
with respect to content you submit or make available, you grant A Million
Tweets a non-exclusive, world-wide, royalty free, perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such content (in
whole or in part) and to incorporate such content into other works in any
format or medium now known or later developed.
content submitted to A Million Tweets is the sole responsibility of the person from which such content originated. This means that you, and not A Million Tweets, are entirely responsible for all content that you submit to the service.
You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will A Million Tweets be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content made available via the service.
You acknowledge that A Million Tweets may or may not pre-screen content, but that A Million Tweets shall have the right (but not the obligation) in its sole discretion to remove any content that is made available via the service. Without limiting the foregoing, A Million Tweets shall have the right to remove any content that violates the Terms of service or is otherwise objectionable.
4. Refund Policy
Once content has been submitted to the service and you have made payment for the submission of said content, A Million Tweets shall not be obligated to provide a refund under any circumstances.
5. Links
The service may provide, or third parties may provide, links to other websites
or resources. Because A Million Tweets has no control over such websites
and resources, you acknowledge and agree that A Million Tweets is not responsible
for the availability of such external websites or resources, and does not
endorse and is not responsible or liable for any content, advertising, products,
or other materials on or available from such websites or resources. You
further acknowledge and agree that A Million Tweets shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such website or resource.
6. Indemnity
You agree to indemnify and hold A Million Tweets harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of content you submit, post, transmit or make available
through the service, your use of the service, your connection to the service,
your violation of the Terms of service, or your violation of any rights
of another.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. A Million Tweets
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. A Million Tweets MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
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 SOFTWARE
WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
A Million Tweets OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
5. A Million Tweets 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. YOU AGREE THAT A Million Tweets SHALL
NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION
OR DISCONTINUANCE OF THE SERVICE.
6. A Million Tweets UTILIZES THIRD-PARTY SERVICES, INCLUDING BY NOT LIMITED
TO THOSE PROVIDED BY TWITTER, INC., AND HAS NO CONTROL OVER THE AVAILABILITY
OR RELIABILITY OF THOSE SERVICES. YOU UNDERSTAND THAT A Million Tweets'
CONTINUED ACCESS TO SERVICES PROVIDED BY THIRD PARTIES CANNOT BE GUARANTEED
AND THAT A Million Tweets' ABILITY TO PROVIDE ITS SERVICE TO YOU MAY BE
INTERRUPTED OR SUSPENDED BASED UPON THE AVAILABILITY OR LACK OF AVAILABILITY
OF THIRD-PARTY SERVICES.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT A Million Tweets SHALL NOT BE LIABLE
TO YOU 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 A Million Tweets 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
9. Copyright
A Million Tweets respects the intellectual property of others, and we ask
our users to do the same. If you believe that content posted to A Million
Tweets constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide A Million Tweets the
following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property
that you claim has been infringed;
3. A description of where the material that you claim is infringing is located
on the website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
A Million Tweets' Agent for Notice of claims of copyright or other intellectual
property infringement can be reached at copyright (at) amilliontweets.com.
10. General Information
Entire Agreement. The Terms of service constitute the entire agreement between
you and A Million Tweets and govern your use of the service.
Governing Law. This Agreement will be governed by the laws of Germany without regard to conflict-of-law rules, which may direct the laws of another jurisdiction. Any action or proceeding hereunder shall be brought in Augsburg, Germany, and the German courts shall have sole jurisdiction over any disputes related to the service.
Waiver and Severability of Terms. The failure of A Million Tweets to exercise or enforce any right or provision of the Terms of service shall not constitute a waiver of such right or provision. If any provision of the Terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of service remain in full force and effect.
Section Titles. The section titles in the Terms of service are for convenience only and have no legal or contractual effect.
If you have any questions, please get in touch.