Terms of Use

  1. ACCEPTANCE OF TERMS

    tweepwise provides a collection of online tools (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular tweepwise services, you agree to abide by any applicable posted guidelines for all tweepwise services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with tweepwise in any way, your only recourse is to immediately discontinue use of tweepwise.

  2. MODIFICATIONS TO THIS AGREEMENT

    We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the latest version of this document at:
    http://www.tweepwise.com/terms.

  3. CONTENT

    You understand that all profiles, images, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the author from whom such Content originated. You understand that tweepwise 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 offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the tweepwise sites and Content available through the Service may contain links to other websites, which are completely independent of tweepwise. tweepwise makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will tweepwise be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that tweepwise does not pre-screen or approve Content, but that tweepwise shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

  4. THIRD PARTY CONTENT, SITES, AND SERVICES

    The tweepwise site and Content available through the Service may contain features and functionalities that may link you or provide you with access to other users and third party content which is completely independent of tweepwise, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that tweepwise is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release tweepwise, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify tweepwise's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@tweepwise.com or: tweepwise Attn: Copyright Agent 2322 Arthur St NE, Minneapolis, MN 55418 Please provide our Agent with the following Notice:

    Identify the material on the tweepwise site that you claim is infringing, with enough detail so that we may locate it on the website;

    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;

    A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    Your address, telephone number, and email address; and

    Your physical or electronic signature.

    tweepwise will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  6. PRIVACY AND INFORMATION DISCLOSURE

    tweepwise has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address http://www.tweepwise.com/privacy. Your use of the tweepwise website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that tweepwise may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of tweepwise, its users or the general public.

  7. CONDUCT

    You agree not to:

    contact anyone who has asked not to be contacted;

    "stalk" or otherwise harass anyone;

    collect personal data about other users for commercial or unlawful purposes;

    use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by tweepwise;

    attempt to gain unauthorized access to tweepwise' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the tweepwise website; or

    use any form of automated device or computer program that enables the completion of following or unfollowing actions on tweepwise without each action being manually entered by the author thereof (an "automated following device"), including without limitation, the use of any such automated following device to submit follow requests in bulk, or for automatic submission of follow requests at regular intervals.

  8. NO SPAM POLICY

    You understand and agree that sending unsolicited email advertisements to tweepwise email addresses or through tweepwise computer systems, which is expressly prohibited by these Terms, may use or cause to be used servers located in California. Any unauthorized use of tweepwise computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. - 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  9. LIMITATIONS ON SERVICE

    You acknowledge that tweepwise may establish limits concerning use of the Service, including the frequency with which you may access the Service. You agree that tweepwise has no responsibility or liability for the deletion or failure to store any information maintained or transmitted by the Service. You acknowledge that tweepwise reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that tweepwise shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  10. ACCESS TO THE SERVICE

    tweepwise grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by tweepwise. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Use of the Service beyond the scope of authorized access granted to you by tweepwise immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from tweepwise.

  11. TERMINATION OF SERVICE

    You agree that tweepwise, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if tweepwise believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that tweepwise shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

  12. PROPRIETARY RIGHTS

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of tweepwise. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of tweepwise, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

  13. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT USE OF THE TWEEPWISE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE TWEEPWISE 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, TWEEPWISE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TWEEPWISE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEEPWISE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TWEEPWISE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TWEEPWISE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEEPWISE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TWEEPWISE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  14. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL TWEEPWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TWEEPWISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TWEEPWISE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TWEEPWISE SITE OR THE SERVICE, FROM INABILITY TO USE THE TWEEPWISE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TWEEPWISE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TWEEPWISE SITE OR THE SERVICE OR ANY LINKS ON THE TWEEPWISE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TWEEPWISE SITE OR THE SERVICE OR ANY LINKS ON THE TWEEPWISE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  15. INDEMNITY

    You acknowledge that tweepwise is an application that uses Twitter’s (referred to hereafter as "the Platform”) API to deliver the Service. You acknowledge that the Platform can unilaterally suspend or delete accounts based on their interpretation of their Terms of Service and the Twitter Rules (which are part of these terms). You can find the latest version of these documents at:
    http://twitter.com/tos
    http://support.twitter.com/articles/18311-the-twitter-rules

    You agree to indemnify and hold tweepwise, 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 your use of the Service or the Platform’s interpretation of their Terms of Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  16. GENERAL INFORMATION

    The Terms constitute the entire agreement between you and tweepwise and govern your use of the Service, superseding any prior agreements between you and tweepwise. The Terms and the relationship between you and tweepwise shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and tweepwise agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, in the state of Minnesota. The failure of tweepwise to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  17. FEES AND SERVICES

    When you use a service that has a fee you have an opportunity to review and accept the fee that you will be charged, which we may change from time to time. Changes to the fees are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and suspend your account.

  18. REFUND POLICY

    tweepwise offers great value by combining inexpensive online fees with a variety of ways to get your account exposed to potential followers and customers. tweepwise adheres to the following policy with respect to requests for refunds of fees:

    tweepwise will not provide any refund, for any reason, if tweepwise receives the request for refund more than 72 hours after an order has been purchased. If you contact us after 72 hours, we will correct any problems with your account that you are not able to perform yourself, but cannot offer a refund.

    If you contact us within 72 hours of ordering a membership, tweepwise will provide a refund only for the following reason:

    You mistakenly ordered and paid duplicate fees through tweepwise and seek to cancel, and obtain a refund on, the duplicate(s) only. We cannot, however, provide a refund on the original purchase.

    tweepwise cannot provide a refund for any other reason, even if you contact us within 72 hours of buying a membership. For example, we cannot provide a refund if you change your mind about the purchase, or if you have made mistakes in submitting information, or if you have not made new follower connections.

  19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

    Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: abuse@tweepwise.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

  20. FEEDBACK

    We welcome your questions and comments on this document by emailing us at feedback@tweepwise.com.