Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content
available through the twip.org domain name, the "¨TWIP Website", or "Website"),
YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of
Service") AND THE TERMS AND CONDITIONS OF TWIP'S PRIVACY NOTICE, WHICH ARE
PUBLISHED AT http://www.twip.org/privacy, AND WHICH ARE INCORPORATED HEREIN
BY REFERENCE. If you do not agree to any of these terms, then please do
not use the TWIP Website.
2. Twip Website
These Terms of Service apply to all users of the TWIP Website, including
users who are also contributors of pictures, information, and other materials
or services on the Website. The TWIP Website may contain links to third
party websites that are not owned or controlled by TWIP. TWIP has no control
over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party websites. In addition, TWIP will not and
cannot censor or edit the content of any third-party site. By using the
Website, you expressly relieve TWIP from any and all liability arising from
your use of any third-party website. Accordingly, we encourage you to be
aware when you leave the TWIP Website and to read the terms and conditions
and privacy policy of each other website that you visit.
3. Website Access
A. TWIP hereby grants you permission to use the Website as set forth in
this Terms of Service, provided that: (i) your use of the Website as permitted
is solely for your personal, noncommercial use; (ii) you will not copy or
distribute any part of the Website in any medium without TWIP's prior written
authorization; (iii) you will not alter or modify any part of the Website
other than as may be reasonably necessary to use the Website for its intended
purpose; and (iv) you will otherwise comply with the terms and conditions
of these Terms of Service.
B. In order to access some features of the Website, you will have to create
an account. You may never use another's account without permission. When
creating your account, you must provide accurate and complete information.
You are solely responsible for the activity that occurs on your account,
and you must keep your account password secure. You must notify TWIP immediately
of any breach of security or unauthorized use of your account. Although
TWIP will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses of TWIP or others due to
such unauthorized use.
C. You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses
the Website in a manner that sends more request messages to the TWIP servers
in a given period of time than a human can reasonably produce in the same
period by using a convention on-line web browser. Notwithstanding the foregoing,
TWIP grants the operators of public search engines permission to use spiders
to copy materials from the site for the sole purpose of creating publicly
available searchable indices of the materials, but not caches or archives
of such materials. TWIP reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes,
any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the TWIP Website, except all User Submissions (as defined
below), including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like ("Content")
and the trademarks, service marks and logos contained therein ("Marks"),
are owned by or licensed to TWIP, subject to copyright and other intellectual
property rights under international laws and international conventions.
Content on the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited
for any other purposes whatsoever without the prior written consent of the
respective owners. TWIP reserves all rights not expressly granted in and
to the Website and the Content. You agree to not engage in the use, copying,
or distribution of any of the Content other than expressly permitted herein,
including any use, copying, or distribution of User Submissions of third
parties obtained through the Website for any commercial purposes. If you
download or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein. You agree
not to circumvent, disable or otherwise interfere with security related
features of the TWIP Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the TWIP Website
or the Content therein.
5. User Submissions
A. The TWIP Website may now or in the future permit the submission of pictures
or other communications submitted by you and other users ("User Submissions")
and the hosting, sharing, and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are published, TWIP
does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize TWIP to
use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service.
For clarity,
you retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to TWIP, you hereby grant TWIP a worldwide,
non-exclusive, royalty-free, sublicenseable and transferable license to
use, reproduce, distribute, prepare derivative works of, display, and perform
the User Submissions in connection with the TWIP Website and TWIP's (and
its successor's) business, including without limitation for promoting and
redistributing part or all of the TWIP Website (and derivative works thereof)
in any media formats and through any media channels. You also hereby grant
each user of the TWIP Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce, distribute, prepare
derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Service.
The foregoing license granted by you terminates once you remove or delete
a User Submission from the TWIP Website.
C.
In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant TWIP all of
the license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage TWIP or any third party; (iii) submit material that is
unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, or encourages conduct that would
be considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate; (iv) post advertisements or solicitations
of business: (v) impersonate another person. TWIP does not endorse any User
Submission or any opinion, recommendation, or advice expressed therein,
and TWIP expressly disclaims any and all liability in connection with User
Submissions. TWIP does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and TWIP will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. TWIP reserves
the right to remove Content and User Submissions without prior notice. TWIP
will also terminate a User's access to its Website, if they are determined
to be a repeat infringer. A repeat infringer is a User who has been notified
of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. TWIP also reserves the right to
decide whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright infringement
and violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. TWIP may
remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe
that any User Submission or other content infringes upon your copyrights,
you may submit a notification pursuant to the Digital Millennium Copyright
Act ("DMCA") by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or access
to which is to be disabled and information reasonably sufficient to permit
the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
(v) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
These notifications of claimed infringement should be directed to TWIP customer
service through http://www.twip.org/contact-en.html. You acknowledge that
if you fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
E. You understand that when using the TWIP Website, you will be exposed
to User Submissions from a variety of sources, and that TWIP is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of
or relating to such User Submissions. You further understand and acknowledge
that you may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do waive,
any legal or equitable rights or remedies you have or may have against TWIP
with respect thereto, and agree to indemnify and hold TWIP, its Owners/Operators,
affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
F. TWIP permits you to link to materials on the Website for personal, non-commercial
purposes only. TWIP reserves the right to discontinue any aspect of the
TWIP Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TWIP WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TWIP, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE WEBSITE AND YOUR USE THEREOF. TWIP MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
(V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE TWIP WEBSITE. TWIP DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TWIP WEBSITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TWIP WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL TWIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF
ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS
IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE TWIP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TWIP SHALL NOT BE LIABLE FOR USER SUBMISSIONS
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TWIP makes no representations that the TWIP Website is appropriate or available
for use in each and every location. Those who access or use the TWIP Website
do so at their own volition and are responsible for compliance with local
law.
8. Indemnity
You agree to defend, indemnify and hold harmless TWIP, its parent corporation,
officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use
of and access to the TWIP Website; (ii) your violation of any term of these
Terms of Service; (iii) your violation of any third party right, including
without limitation any copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of
Service and your use of the TWIP Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may
not be transferred or assigned by you, but may be assigned by TWIP without
restriction.
11. General
These Terms of Service, together with the Privacy Notice and any other legal
notices published by TWIP on the Website, shall constitute the entire agreement
between you and TWIP concerning the TWIP Website. If any provision of these
Terms of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed
a further or continuing waiver of such term or any other term, and TWIP's
failure to assert any right or provision under these Terms of Service shall
not constitute a waiver of such right or provision. TWIP reserves the right
to amend these Terms of Service at any time and without notice, and it is
your responsibility to review these Terms of Service for any changes. Your
use of the TWIP Website following any amendment of these Terms of Service
will signify your assent to and acceptance of its revised terms. YOU AND
TWIP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TWIP
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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