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Terms & Conditions

TweetTalker.com LLC. Terms & Conditions
These terms and conditions govern your use of TweetTalker.com. By using TweetTalker.com, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use TweetTalker.com. You must be at least 18 years of age to use TweetTalker.com. By using TweetTalker.com and by agreeing to these terms and conditions you warrant and represent that comply with this agreement.

Terms to use website
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the agreement below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or (OTHER CONTENT) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You are responsible for any content you post, passwords you use or personal information you submit and are liable for any consequences from you submissions. Submit content which won't damage or harm you. Do not submit content which puts you or others in jeopardy.

You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on TweetTalker.com for a commercial purpose;
(e) edit or otherwise modify any material on the website; or;
(f) redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).

[Where content is specifically made available for redistribution, it may only be redistributed within your organisation].

(4) Acceptable use
You must not use TweetTalker.com in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use TweetTalker.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to TweetTalker.com without our express written consent.

[You must not use TweetTalker.com to transmit or send unsolicited commercial communications. You must not use TweetTalker.com for any purposes related to marketing without our express written consent.]

(5) Restricted access
[Access to certain areas of TweetTalker.com is restricted.] We reserve the right to restrict access to [other] areas of TweetTalker.com, or indeed our whole website, at our discretion. If we provide you with a user ID and password to enable you to access restricted areas of TweetTalker.com or other content or services, you must ensure that that user ID and password is kept confidential. [We may disable your user ID and password in our sole discretion without notice or explanation.]

(6) User generated content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to TweetTalker.com, for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to TweetTalker.com, or stored on our servers, or hosted or published upon TweetTalker.com.

[Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, TweetTalker.com.]

(7) Limited warranties
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations and exclusions of liability1
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

[To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.]2

[We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.]

[We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.3]

[We will not be liable to you in respect of any loss or corruption of any data, database or software.]

[We will not be liable to you in respect of any special, indirect or consequential loss ordamage.4]

(9) Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. We are not responsible for any personal information which is submitted to our site. We do not offer any guarantees, warrantees, content is submitted "As
Is" by the user and is the sole responsibility of the submitter/user.

(10) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of TweetTalker.com from the date of the publication of the revised terms and conditions on TweetTalker.com. Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(13) Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(15) Copyright
Talker is protected by copyright laws by the federal government and all copyright rules and regulations apply to TweetTalker.com. It is illegal to copy parts or portions of the site or to copy any submissions on the site. If you feel your content has been copied or forged, please contact us at fraud@TweetTalker.com. Or you can mail us below.

All notices will be sent via email to customer customerservice@TweetTalker.com or may be sent via mail to:

TweetTalker.com LLC.
1660 South Highway 100
Suite 500, St. Louis Park, MN. 55416.
WE will respond within three day to the email address you Provided or to your user contact address.

(16) Law & Jurisdiction
These terms will be governed by the laws of the state of Minnesota without any provisions to your place of residency whether a US citizen or reside in another country. All claims or legal proceedings or litigation will be brought to Hennepin county courts in Minnesota. You accept this location when you accept the terms and conditions and nothing can supersede these conditions. These terms are governed by the state of Minnesota and by US law.

(17) Entire agreement
These terms and conditions, [together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of TweetTalker.com, and supersede all previous agreements in respect of your use of this website.

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