Terms of Use
The MallTweets service and
network, including the web site at www.MallTweets.com (the "Site") and the
mobile version thereof (collectively, the "Service"), are operated by MallTweets
and affiliates (collectively, "us", "we", "MallTweets"
or the "Company"). By accessing or using our the Service, you ("you" or
the "User") signify that you have read, understand and agree to be
bound by these Terms of Use ("Terms of Use"), whether or not you are
a registered member of MallTweets. We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these Terms of Use at
any time without further notice. If we do this, we will post the changes to
these Terms of Use on this page. Your continued use of the Service after any
such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use,
do not use or access (or continue to use or access) the Service. It is
your responsibility to regularly check the Service to determine if there have
been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS
OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL
RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS,
AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
This Site is intended solely
for Users who are thirteen (13) years of age or older. Any registration by, use
of or access to the Service by anyone under 13 is unauthorized, unlicensed and
in violation of these Terms of Use. By using the Service, you represent and
warrant that you are 13 or older, and that you agree to and to abide by all of
the terms and conditions of these Terms of Use.
Registration Data; Account
Security
In consideration of your use of
the Service, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on the
Service ("Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration Data, and
any other information you provide to the Company, to keep it accurate, current
and complete; and (d) be fully responsible for all use of your account and for
any actions that take place using your account.
Site Content
You understand that all
postings, messages, text, images or other materials ("Content")
posted or published on, uploaded to, transmitted through, or linked from
(hereinafter, "post" or "posted"), the Service are the sole
responsibility of the person from whom such Content originated. You understand
that MallTweets 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 Site and Content available through
the Service may contain links to other websites which are completely
independent of MallTweets. MallTweets 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 webites 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 MallTweets, its affiliates, or partners 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 or otherwise made available via the Service. You
acknowledge that MallTweets does not pre-screen or approve Content, but that MallTweets
shall have the right (but not the obligation) in its sole discretion to refuse,
delete or remove any Content that is available via the Service, in connection
with violations of the letter or spirit of the Terms of Use or for any other
reason.
MallTweets, its affiliates and
partners, shall have no liability for decisions or actions based upon any
Content. The Content is to be used for informational and entertainment purposes
only and we cannot provide any advice for any individual. MallTweets, its
affiliates and partners specifically disclaim any and all liability or loss
arising out of any decision or action taken in reliance on Content.
User Content Posted on the
Service
You are solely responsible for
the Content that you post on or through the Service, or otherwise transmit to
or share with other Users (collectively, the "User Content"). You may
not post or share User Content on the Service that you did not create or that
you do not have permission to post. You acknowledge that MallTweets does not
pre-screen or approve User Content, but that MallTweets shall have the right
(but not the obligation) in its sole discretion to refuse, delete or remove any
User Content that is available via the Service, in connection with violations
of the letter or spirit of the Terms of Use or for any other reason. You are
solely responsible at your sole cost and expense for creating backup copies and
replacing any User Content you post or store on the Service or otherwise
provide to the Company.
When you post User Content to
the Service, you authorize and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage of the User Content on
the Service. By posting User Content to any part of the Service, you
automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable,
fully paid, worldwide license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate, excerpt (in whole or
in part) and distribute such User Content for any purpose, commercial,
advertising, or otherwise, on or in connection with the Service or the
promotion thereof, to prepare derivative works of, or incorporate into other
works, such User Content, and to grant and authorize sublicenses of the
foregoing. Please be advised that MallTweets will not accept requests to remove
User Content. MallTweets does not assert any ownership over your User Content;
rather, as between us and you, subject to the rights granted to us in these
Terms of Use, you retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
Access to the Service
MallTweets grants you a
limited, revocable, nonexclusive license to access and use the Service and the
Content 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 MallTweets
in writing. 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. In
order to collect, aggregate, copy, duplicate, display or make derivative use of
the Service or any Content made available via the Service for other purposes
(including commercial purposes) not stated herein, you must first obtain a
written license from MallTweets.
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 Service or the collective work,
and/or copying or reproducing the Content or any portion thereof to any other
server or location for non-personal use is prohibited without the express
written consent of MallTweets.
Trademarks
MallTweets, MallTweets.com and
other Company graphics, logos, designs, the "#" delimiter in conjunction with a
ten-digit business phone number, page headers, button icons, scripts and
service names are registered trademarks, trademarks or trade dress of the
Company in the U.S. and/or other countries. The Company's trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of the Company.
User Conduct
You understand that except for
advertising programs offered by us on the Service, the Service is available for
your personal, non-commercial use only. You represent, warrant and agree that
no User Content of any kind posted through your account or otherwise shared by
you on or through the Service will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy, publicity or other
personal or proprietary rights; be in violation of any law or used in
furtherance of any such violation; or contain libelous, defamatory or otherwise
unlawful material.
In addition, you agree not to
use the Service to:
in any unlawful manner or in any other
manner that could damage, disable, overburden or impair the Service;
post or otherwise make
available any content that we deem to be harmful, threatening, unlawful,
defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially,
ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state
or otherwise misrepresent yourself, your age or your affiliation with any
person or entity;
post or otherwise make
available any unsolicited or unauthorized advertising, solicitations,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation;
post or otherwise make publicly
available on the Service any private information of any third party, including
addresses, phone numbers, email addresses, Social Security numbers and credit
card numbers;
post or otherwise make
available any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment;
post or otherwise make
available content that would constitute, encourage or provide instructions for
a criminal offense, violate the rights of any party, or that would otherwise
create liability or violate any local, state, national or international law;
use or attempt to use another's account,
service or system without authorization from the Company, or create a false
identity on the Service.
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information transmitted by
you;
post or otherwise make available any
information that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements).
MallTweets Mobile Services
We currently intend that the
Service will include certain services that are available via your mobile phone
("Mobile Services"). We do not currently intend to charge for these
Mobile Services. However, your carrier's normal messaging, data and other rates
and fees will still apply. You should check with your carrier to find out what
plans are available and how much they cost. In addition, downloading, installing,
or using certain Mobile Services may be prohibited or restricted by your
carrier, and not all Mobile Services may work with all carriers or devices.
Once Mobile Services are available, you should check with your carrier to find
out if the Mobile Services will work with your mobile devices, and what
restrictions, if any, may be applicable to your use of such Mobile Services. By
using the Mobile Services, you agree that we may communicate with you by SMS,
MMS, text message or other electronic means to your mobile device and that
certain information about your usage of the Mobile Services may be communicated
to us. In the event you change or deactivate your mobile telephone number, you
agree to promptly update your MallTweets account information to ensure that
your messages are not sent to the person that acquires your old number.
Copyright Complaints
We respect the intellectual
property rights of others and we prohibit Users from posting or otherwise
transmitting on the Service any materials that violate another party's
intellectual property rights. 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 MallTweets at abuse@malltweets.com
or:
MallTweets Inc.
Re: Copyright Infringement
Please provide us with the
following Notice:
a) Identify the Content on the Service
that you claim is infringing, with enough detail so that we may locate it on
the Service;
b) 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;
c) 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;
d) Your address, telephone
number, and email address; and
e) Your physical or electronic
signature.
MallTweets will remove the
infringing posting(s), subject to the procedures outlined in the Digital
Millennium Copyright Act ("DMCA").
Privacy
We care about the privacy of
our Users. Click here to view the MallTweets's
Privacy Policy. By using the Service, you are consenting to have your personal
data transferred to and processed in the
Disclaimers
The Company, its affiliates,
and partners are not responsible or liable in any manner for any Content posted
on the Service, whether posted or caused by Users, by MallTweets, by third
parties or by any of the equipment or programming associated with or utilized
in the Service. Although we provide rules for User conduct and postings, we do
not control and are not responsible for what Users post, transmit or share on
the Service and are not responsible for any inaccurate, offensive,
inappropriate, obscene, unlawful or otherwise objectionable Content you may
encounter on the Service. The Company, its affiliates and partners are not
responsible for the conduct, whether online or offline, of any User.
The Service may be temporarily
unavailable from time to time for maintenance or other reasons. The Company
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, User Content. The
Company is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers,
computer or mobile phone equipment, or software on account of technical
problems or traffic congestion on the Internet or at any site or with respect
to the Service or combination thereof, including injury or damage to User's or
to any other person's computer, mobile phone, or other hardware or software,
related to or resulting from using or downloading Content in connection with
the Web and/or in connection with the Service. Under no circumstances will the
Company be responsible for any loss or damage, including any loss or damage to
any User Content or personal injury or death, resulting from anyone's use of
the Service or any posted on or through the Service or transmitted to or by
Users, or any interactions between Users, whether online or offline.
MALLTWEETS, ITS AFFILIATES, AND
PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES.
THE SERVICE AND THE CONTENT ARE
PROVIDED "AS-IS" AND THE COMPANY, ITS PARTNERS AND AFFILIATES,
DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY DOES NOT
REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR
ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE
SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE
AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED
SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU
UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR
OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO
YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND
THAT MAY RESULT.
The Company reserves the right
to change any and all Content, software and other
items used or contained in the Service at any time without notice. Reference to
any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation thereof, or
any affiliation therewith, by the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY,
ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST DATA
ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS
ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF THE COMPANY OR ITS
AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE
COMPANY AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO THE COMPANY FOR THE SERVICE IN THE IMMEDIATELY PRECEDING TWELVE MONTHS,
BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF
NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE
ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
Termination
The Company may terminate your
account, delete your profile and any User Content that you have posted on the
Service and/or prohibit you from using or accessing the Service for any reason,
or no reason, at any time in its sole discretion, with or without notice,
including if it believes that you are under 13.
Governing Law; Venue and
Jurisdiction
By visiting or using the
Service, you agree that the laws of the State of
Arbitration
YOU AND THE COMPANY AGREE THAT
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS
RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SERVICE
SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either
of us has in any manner infringed upon or violated or threatened to infringe
upon or violate the other party's patent, copyright, trademark or trade secret
rights, or you have otherwise violated any of the User conduct rules set forth
above, then the parties acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief may be sought.
Arbitration under this
Agreement shall be conducted by the American Arbitration Association (the
"AAA") under its Commercial Arbitration Rules (the "AAA
Rules"). The location of the arbitration and the allocation of costs and
fees for such arbitration shall be determined in accordance with such AAA
Rules. The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction.
To the fullest extent permitted
by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE
JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM
INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS
ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action
or proceeding by you related in any way to the Service be instituted more than
one (1) year after the cause of action arose.
Indemnity
You agree to indemnify and hold
the Company, its subsidiaries and affiliates, and each of their members,
managers, directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with any Content you post or Content you share on or through the
Service or otherwise, your conduct in connection with the Service or with other
Users, or any violation of these Terms of Use or of any law, rule, regulation
or order, or the rights of any third party. This indemnity shall survive any
termination or cessation of use by you of the Service.
Submissions
You acknowledge and agree that
any questions, comments, suggestions, ideas, feedback or other information
about the Service ("Submissions"), provided by you to the Company are
non-confidential and shall become the sole property of the Company. The Company
shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Other
These Terms of Use constitute
the entire agreement between you and the Company regarding the use of the
Service, superseding any prior agreements between you and the Company relating
to your use of the Service. The failure of the Company to exercise or enforce
any right or provision of these Terms of Use shall not constitute a waiver of
such right or provision in that or any other instance. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect. If any provision of these Terms of Use shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions.
Questions
Please visit our contact page or these links for more
information.