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Please read and abide by
the terms and conditions of Tweet Riches as set
forth in this agreement. You must agree to these
terms and conditions prior to joining Tweet Riches
WEBSITE SERVICE AGREEMENT/TERMS OF USE
The services that Tweet Riches
provide to Member are subject to the following Terms
of Use ("TOU" or “Agreement”). Tweet Riches require
that all persons or entities visiting this Website
and those that become a Member agree to the TOU.
Please read the TOU carefully before continuing on
with your use of this Website or becoming a Member
of the Website. The TOU shall govern the use of the
Website and apply to all Internet traffic visiting
the Website.
1. ACCEPTANCE OF TERMS
AND BINDING EFFECT
THIS IS A BINDING AGREEMENT. BY
USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY,
INCLUDING ALL CONTENT AVAILABLE THROUGH THE
TWEETRICHES.COM DOMAIN NAME, THE “WEBSITE”), YOU
(“Member,” “YOU” OR “YOUR”) SIGNIFY YOUR ASSENT TO
THE TOU, THE WEBSITE’S PRIVACY POLICY, WHICH IS
PUBLISHED AT
http://tweetriches.com/privacy.html AND
LICENSES OBTAINED FROM THE UTILIZATION OF THE
WEBSITE’S SERVICES AND WHICH ARE INCORPORATED HEREIN
BY REFERENCE. IT IS YOUR RESPONSIBILITY TO
REVIEW THE TOU PERIODICALLY. IF AT ANY TIME YOU
FIND THE TOU AND INCORPORATED AGREEMENTS
UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE
AND CEASE ALL USE OF THE SERVICES AND THE WEBSITE.
YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT
THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
A. Tweet Riches reserve
the right to update the TOU at any time without
notice to Member.
B. The right to use Tweet Riches
is personal to Member and is not transferable to any
other person or entity. Member is responsible for
all use of Member's Account (under any screen name
or password) and for ensuring that all use of
Member's Account complies fully with the provisions
of this Agreement. Member shall be responsible for
protecting the confidentiality of Member's
password(s), if any.
C. Tweet Riches shall have the
right at any time to change or discontinue any
aspect or feature of Tweet Riches, including, but
not limited to, content, hours of availability, and
equipment needed for access or use.
2. CHANGED TERMS
The most current version of the
TOU can be reviewed by clicking on the "Terms of
Use" hypertext link located or published at the
bottom of our Web pages. Tweet Riches
shall have the right at any time to change or
modify the terms and conditions applicable to
Member's use of Tweet Riches, or any part thereof,
or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which
may be given by means including, but not limited to,
posting on Tweet Riches, or by electronic or
conventional mail, or by any other means by which
Member obtains notice thereof. Any use of Tweet
Riches by Member after such notice shall be deemed
to constitute acceptance by Member of such changes,
modifications or additions.
3. DESCRIPTION OF
SERVICES
Through the Website and its Web
property, Tweet Riches provides Member with access
to a variety of resources, including download areas,
software, communication forums and product
information (collectively "Services"). The Services,
including any updates, enhancements, new features,
and/or the addition of any new Web properties, are
subject to the TOU, the privacy policy and licenses.
4. EQUIPMENT
Member shall be responsible for
obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for
access to and use of Tweet Riches and all charges
related thereto.
5. MEMBER CONDUCT AND
PROHIBITIONS
A. Member shall use Tweet Riches
for lawful purposes only. Member shall not post or
transmit through Tweet Riches any material which
violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a
criminal offense, give rise to civil liability or
otherwise violate any law, or which, without Tweet
Riches express prior approval, contains advertising
or any solicitation with respect to products or
services. Any conduct by Member that in Tweet Riches
discretion restricts or inhibits any other Member
from using or enjoying Tweet Riches will not be
permitted. Member shall not use Tweet Riches to
advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of
Members to become subscribers of other on-line
information services competitive with Tweet Riches.
B. Tweet Riches contains
copyrighted material, trademarks and other
proprietary information, including, but not limited
to, text, software, photos, video, graphics, music
and sound, and the entire contents of Tweet Riches
are copyrighted as a collective work under the
United States copyright laws. Tweet Riches owns
a copyright in the selection, coordination,
arrangement and enhancement of such content, as well
as in the content original to it. Member may not
modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in
part. Member may download copyrighted material for
Member's personal use only. Except as otherwise
expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or
commercial exploitation of downloaded material will
be permitted without the express permission of Tweet
Riches and the copyright owner. In the event of any
permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright
notice shall be made. Member acknowledges that it
does not acquire any ownership rights by downloading
copyrighted material.
C. Member shall not upload, post
or otherwise make available on Tweet Riches any
material protected by copyright, trademark or other
proprietary right without the express permission of
the owner of the copyright, trademark or other
proprietary right and the burden of determining that
any material is not protected by copyright rests
with Member. Member shall be solely liable for any
damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting
material to any public area of Tweet Riches, Member
automatically grants, or warrants that the owner of
such material has expressly granted Tweet Riches the
royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in
whole or in part) worldwide and/or to incorporate it
in other works in any form, media or technology now
known or hereafter developed for the full term of
any copyright that may exist in such material.
Member also permits any other Member to access,
view, store, or reproduce the material for that
Member's personal use. Member hereby grants Tweet
Riches the right to edit, copy, publish and
distribute any material made available on Tweet
Riches by Member.
D. The foregoing provisions of
Section 5 are for the benefit of Tweet Riches, its
subsidiaries, affiliates and its third party content
providers and licensors and each shall have the
right to assert and enforce such provisions directly
or on its own behalf.
6. USE OF SERVICES AND
PROHIBITIONS
A. The Services may contain email
services, bulletin board services, blog services,
chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file
cabinets and/or other message or communication
facilities designed to enable Member to communicate
with others (each a "Communication Service" and
collectively "Communication Services"). Member
agrees to use the Communication Services only to
post, send and receive messages and material that
are proper and, when applicable, related to the
particular Communication Service. By way of example,
and not as a limitation, Member agrees that when
using the Communication Services, Member will not:
• Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters,
junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or
otherwise violate the legal rights (such as rights
of privacy and publicity) of others;
• Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene,
indecent or unlawful topic, name, material or
information;
• Upload, or otherwise make available, files that
contain images, photographs, software or other
material protected by intellectual property laws,
including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy
or publicity) unless Member own or control the
rights thereto or have received all necessary
consent to do the same;
• Use any material or information, including images
or photographs, which are made available through the
Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other
proprietary right of any party;
• Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or
any other similar software or programs that may
damage the operation of another's computer or
property of another;
• Advertise or offer to sell or buy any goods or
services for any business purpose, unless such
Communication Services specifically allows such
messages;
• Download any file posted by another Member of a
Communication Service that Member know, or
reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed
in such manner;
• Falsify or delete any copyright management
information, such as author attributions, legal or
other proper notices or proprietary designations or
labels of the origin or source of software or other
material contained in a file that is uploaded;
• Restrict or inhibit any other Member from using
and enjoying the Communication Services;
• Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service;
• Harvest or otherwise collect information about
others, including email addresses;
• Violate any applicable laws or regulations;
• Create a false identity for the purpose of
misleading others;
• Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any
directory of Members of the Services or other Member
or usage information or any portion thereof.
B. Tweet Riches has no obligation
to monitor the Communication Services.
However, Tweet Riches reserves the right to review
materials posted to the Communication Services and
to remove any materials in its sole
discretion. Tweet Riches reserves the right to
terminate Member’s access to any or all of the
Communication Services at any time, without notice,
for any reason whatsoever. Tweet Riches reserves the
right at all times to disclose any information as it
deems necessary to satisfy any applicable law,
regulation, legal process or governmental request,
or to edit, refuse to post or to remove any
information or materials, in whole or in part,
in Tweet Riches sole discretion.
C. Materials uploaded to the
Communication Services may be subject to posted
limitations on usage, reproduction and/or
dissemination; Member is responsible for adhering to
such limitations if Member downloads the materials.
D. Always use caution when giving
out any personally identifiable information in any
Communication Services. Tweet Riches does not
control or endorse the content, messages or
information found in any Communication Services and,
therefore, Tweet Riches specifically disclaims any
liability with regard to the Communication Services
and any actions resulting from Member’s
participation in any Communication Services.
Managers and hosts are not authorized Tweet Riches
spokespersons, and their views do not necessarily
reflect those of Tweet Riches.
7. MEMBER ACCOUNT,
PASSWORD, AND SECURITY
If any of the Services requires
Member to open an account, Member must complete the
registration process by providing Tweet Riches with
current, complete and accurate information as
prompted by the applicable registration form as well
as agree to all terms the Services. Member also will
choose a password and a Member name. Member is
entirely responsible for maintaining the
confidentiality of Member’s password and account.
Furthermore, Member is entirely responsible for any
and all activities that occur under Member’s
account. Member agrees to notify Tweet Riches
immediately of any unauthorized use of Member’s
account or any other breach of security. Tweet
Riches will not be liable for any loss that Member
may incur as a result of someone else using Member’s
password or account, either with or without Member’s
knowledge. However, Member could be held liable for
losses incurred by Tweet Riches or another party due
to someone else using Member’s account or password.
Member may not use anyone else's account at any
time, without the permission of the account holder.
8. NOTICE SPECIFIC TO
SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made
available to download from the Services ("Software")
is the copyrighted work of Tweet Riches and/or its
suppliers. Use of the Software is governed by the
TOU or any accompanying license agreement.
B. The Software is made available
for download solely for use or personal use by end
Members according to the TOU or any accompanying
license agreement. Any reproduction or
redistribution of the Software not in accordance
with the License Agreement is expressly prohibited
by law, and may result in severe civil and criminal
penalties. The Software is made available for
download solely for use or personal use by end
Members according to the accompanying license
agreement. Violators will have their licenses,
provided with each product download, revoked if they
do not follow these terms and will be prosecuted to
the maximum extent possible.
C. WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, Tweet Riches. HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
D. FOR YOUR CONVENIENCE, Tweet
Riches MAY MAKE AVAILABLE AS PART OF THE SERVICES OR
IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR
USE AND/OR DOWNLOAD. Tweet Riches DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE
RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY
SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING
THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES.
9. NOTICE SPECIFIC TO
DOCUMENTS AVAILABLE ON THIS WEBSITE
A. Permission to use Documents
(such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided
that (1) the below copyright notice appears in all
copies and that both the copyright notice and this
permission notice appear, (2) use of such Documents
from the Services is for informational and
non-commercial or personal use only and will not be
copied or posted on any network computer or
broadcast in any media, and (3) no modifications of
any Documents are made. Accredited educational
institutions, such as universities, private/public
colleges, and state community colleges, may download
and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom
requires express written permission. Use for any
other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
B. Tweet Riches AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF
THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. Tweet Riches AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION,
INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL Tweet Riches
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
INFORMATION AVAILABLE FROM THE SERVICES.
C. THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Tweet Riches AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT
ANY TIME.
10. NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS
SITE
IN NO EVENT SHALL Tweet Riches
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF
OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE
SERVICES.
11. MATERIALS PROVIDED
TO TWEET RICHES OR POSTED AT ANY OF ITS WEBSITES
A. Tweet Riches do not claim
ownership of the materials Member provide to Tweet
Riches. (including feedback and suggestions) or
post, upload, input or submit to any Services or its
associated services for review by the general
public, or by the Members of any public or private
community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting")
Member’s Submission Member is granting Tweet Riches,
its affiliated companies and necessary sublicensees
permission to use Member’s Submission in connection
with the operation of their Internet businesses
(including, without limitation, all Tweet Riches
Services), including, without limitation, the
license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit,
translate and reformat Member’s Submission; to
publish Member’s name in connection with Member’s
Submission; and the right to sublicense such rights
to any supplier of the Services. No compensation
will be paid with respect to the use of Member’s
Submission, as provided herein. Tweet Riches is
under no obligation to post or use any Submission
Member may provide and Tweet Riches may remove any
Submission at any time in its sole discretion. By
Posting a Submission Member warrants and represents
to own or otherwise control all of the rights to
Member’s Submission as described in these TOU Use
including, without limitation, all the rights
necessary for Member to provide, post, upload, input
or submit the Submissions.
B. In addition to the warranty
and representation set forth above, by Posting a
Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or
in part ("Images"), Member warrant and represent
that (a) Member is the copyright owner of such
Images, or that the copyright owner of such Images
has granted Member permission to use such Images or
any content and/or images contained in such Images
consistent with the manner and purpose of Member’s
use and as otherwise permitted by these TOU and the
Services, (b) Member have the rights necessary to
grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person
depicted in such Images, if any, has provided
consent to the use of the Images as set forth in
these TOU, including, by way of example, and not as
a limitation, the distribution, public display and
reproduction of such Images. By Posting Images,
Member is granting (a) to all Members of Member’s
private community (for each such Images available to
Members of such private community), and/or (b) to
the general public (for each such Images available
anywhere on the Services, other than a private
community), permission to use Member’s Images in
connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints
and gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat
Member’s Images without having Member’s name
attached to such Images, and the right to sublicense
such rights to any supplier of the Services. The
licenses granted in the preceding sentences for a
Images will terminate at the time Member completely
remove such Images from the Services, provided that,
such termination shall not affect any licenses
granted in connection with such Images prior to the
time Member completely remove such Images. No
compensation will be paid with respect to the use of
Member’s Images.
C. Tweet Riches is a distributor
(and not a publisher) of content supplied by third
parties and Members. Accordingly, Tweet Riches has
no more editorial control over such content than
does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or
other information or content expressed or made
available by third parties, including information
providers, Members or any other Member of Tweet
Riches, are those of the respective author(s) or
distributor(s) and not of Tweet Riches,
The Tweet Riches nor any third-party provider
of information guarantees the accuracy,
completeness, or usefulness of any content, nor its
merchantability or fitness for any particular
purpose.
11. NOTICE TO PARENTS AND
CHILDREN
We adhere to the Children's
Privacy Act. You must be 18 years of age to join or
use Tweet Riches or any of the recommended or linked
sites. This site follows the guidelines, policies
and laws of the Federal Trade Commission (www.ftc.gov).
We retain the right to refuse anyone membership in
any of our sites.
12. COMPLIANCE WITH ALL
INTELLECTUAL PROPERTY LAWS
When accessing the Website or
using the Services, you agree to obey the law and to
respect the intellectual property rights of others.
Your use of the Services and the Website is at all
times governed by and subject to laws regarding
copyright ownership and use of intellectual
property. You agree not to upload, download,
display, perform, transmit, or otherwise distribute
any information or Materials in violation of any
third party’s copyrights, trademarks, or other
intellectual property or proprietary rights. You
agree to abide by laws regarding copyright ownership
and use of intellectual property, and you shall be
solely responsible for any violations of any
relevant laws and for any infringements of third
party rights caused by any Materials you provide or
transmit, or that is provided or transmitted using
your Member ID. The burden of proving that any
Materials do not violate any laws or third party
rights rests solely with you.
13. DISCLAIMER OF
WARRANTY; LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT
USE OF TWEET RICHES IS AT MEMBER'S SOLE RISK.
NEITHER Tweet Riches, ITS AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT
Tweet Riches WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF Tweet Riches, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH Tweet Riches
B. Tweet
Riches IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE
LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS SECTION APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER
SPECIFICALLY ACKNOWLEDGES THAT Tweet Riches IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER MEMBERS OR THIRD-PARTIES AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH MEMBER.
D. IN NO EVENT WILL Tweet Riches,
OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING Tweet
Riches OR THE Tweet Riches SOFTWARE, BE
LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE Memberspeed Inc, MEMBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS
SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET
FORTH ABOVE NEITHER, Tweet Riches, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
Tweet Riches, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE MEMBER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A
STOCK TRADE, MEMBERS ARE ADVISED TO CONSULT WITH
YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO
VERIFY PRICING OR OTHER INFORMATION. Tweet Riches,
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT
DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, Tweet Riches, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY
WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN
PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR
MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS,
SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR
SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES,
POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD
PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF
INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER
PARTY WITHIN A MAXIMUM OF FIFTEEN (15) CALENDAR DAYS
FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT
SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH
EVENT SHALL PREVENT THE AFFECTED PARTY FROM
PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. NO INCOME GUARANTEE
Tweet Riches make no claim
regarding income guarantees or results from using
its products, services, recommendations or any
partner services. You are joining Tweet Riches as a
Member on your own free will.
15. LINKS TO THIRD PARTY
SITES
A. THE LINKS IN THIS AREA WILL
LET YOU LEAVE TweetRiches.com’S SITE. THE LINKED
SITES ARE NOT UNDER THE CONTROL OF Tweet Riches.
THE INTERNET COMPANY Tweet Riches ARE NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR
ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. Tweet Riches ARE
NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. Tweet
Riches ARE PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY Tweet Riches OF THE SITE.
B. Tweet Riches is a distributor
(and not a publisher) of content supplied by third
parties and Members. Accordingly, Tweet Riches has
no more editorial control over such content than
does a public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers, or
other information or content expressed or made
available by third parties, including information
providers, Members or any other Member of
Tweet Riches, are those of
the respective author(s) or distributor(s) and not
of Tweet Riches and. Neither Tweet Riches nor any
third-party provider of information guarantees the
accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any
particular purpose.
C. In many instances, the content
available through Tweet Riches
represents the opinions and judgments of the
respective information provider, Member, or other
Member not under contract with Tweet Riches. Tweet
Riches neither endorses nor is responsible
for the accuracy or reliability of any opinion,
advice or statement made on Tweet
Riches by anyone other than authorized Tweet
Riches employee spokespersons while acting in their
official capacities. Under no circumstances
will Tweet Riches be liable for any loss or damage
caused by a Member's reliance on information
obtained through Tweet Riches
It is the responsibility of Member to evaluate the
accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through Tweet Riches Please seek the
advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion,
advice or other content.
16. UNSOLICITED IDEA
SUBMISSION POLICY
Tweet Riches OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN Tweet
Riches’s PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO Tweet Riches.
SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO Tweet Riches OR ANYONE AT Tweet
Riches IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
PLEASE UNDERSTAND THAT Tweet Riches MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
17. PRIVACY POLICY
Tweet Riches respects your privacy and
permits Members to control the treatment of personal
information. A complete statement of Tweet Riches
current Privacy Policy can be reviewed by clicking
on the "Privacy Policy" hypertext link located or
published at the bottom of our Web pages.
18. MONITORING
Tweet Riches shall have the
right, but not the obligation, to monitor the
content of Tweet Riches, including chat rooms and
forums, to determine compliance with this Agreement
and any operating rules established by Tweet Riches
and to satisfy any law, regulation or authorized
government request. Tweet Riches shall have the
right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on
Tweet Riches. Without limiting the foregoing, Tweet
Riches shall have the right to remove any material
that Tweet Riches, in its sole discretion, finds to
be in violation of the provisions hereof or
otherwise objectionable.
19. INDEMNIFICATION
Member agrees to defend,
indemnify and hold harmless Tweet Riches, its
affiliates and their respective directors, officers,
employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of
the use of Tweet Riches by Member or Member's
Account.
20. TERMINATION
Either Tweet Riches or Member may
terminate this Agreement at any time. Without
limiting the foregoing, Tweet Riches shall have the
right to immediately terminate Member's Account in
the event of any conduct by Member which Tweet
Riches, in its sole discretion, considers to be
unacceptable, or in the event of any breach by
Member of this Agreement.
21. PAYMENTS AND REFUND
POLICY
A. Members are charged for
Services. If you pay someone other than us for
these Services, then the charges and billing terms
are as stated by the other company or third-party.
Even if you do not pay for the some of the Services,
you may still incur charges incidental to using the
Services; for example, charges for Internet access,
mobile text messaging, or other data transmission.
The price for the Services will be assed all
applicable taxes and charges unless stated
otherwise. These taxes and charges are your
responsibility. Currency exchange settlements are
based on your agreement with your payment method
provider. Tweet Riches reserves the right to change
pricing from time to time, but it will be posted on
the Website before you incur any billing. If you do
not agree to these changes, then you must cancel and
stop using the Website before the changes take
place.
B. When you create an account,
you enter your payment method. You must be
authorized to use the payment method. You
authorize Tweet Riches to charge you for the
Services using your payment method and for any paid
feature of the Services for which you choose to
sign-up for. Tweet Riches may bill you for more
than one of your prior billing periods together.
C. Tweet Riches will provide you
with an online billing statement accessible online
through your Member Account. This is the only
billing statement that Tweet Riches provides. If
you request a paper copy, Tweet Riches may charge
you a retrieval fee. Tweet Riches will only provide
paper copies for the past 120 days. If Tweet Riches
makes an error on your bill, Tweet Riches will
correct it promptly after you tell us and Tweet
Riches investigates the
charge. You must tell us within 120 days after an
error first appears on your bill. You release us
from all liability and claims of loss resulting from
any error that you do not report to us within 120
days after the error first appears on your online
statement. If you do not tell us within this
time, Tweet Riches will not be required to correct
the error. Tweet Riches can correct billing errors
at any time.
D. You may cancel your
Tweet Riches membership at
anytime you desire, however there will be no refunds
for any charges processed within 36 hours of your
cancellation notice. The act of canceling can be
made via email or using the cancellation form inside
the member area, however the act of canceling does
not constitute an automatic cancellation of your
billing. If you cancel after a payment has been
processed, there will be no refunds for that
payment. Cancellation requests must contain your
name, username and date joined. If any of this
information is missing, the cancellation request may
not be processed and you are liable for all
membership fees until Tweet Riches receives required
information. Membership fees are lifetime
for membership. Lifetime constitutes the lifetime of
the member or Tweet Riches.
E. Tweet Riches
reserves the right to cancel any member for
reasons that it feels are detrimental to the site,
its members, its partners or the future success of
itself. Cancellations performed by
Tweet Riches are final and
any restitution will be the membership fee paid
within the past 30 days.
22. ENTIRE AGREEMENT
This Agreement and the privacy
policy, licenses and any operating rules for Tweet
Riches established by MemberSpeed Inc, constitute
the entire agreement of the parties and supersede
all previous written or oral agreements between the
parties.
23. ARBITRATION
Each party to this Agreement
expressly agrees that all disputes, claims or
controversies that exist or may come to exist
between them including, without limitation, all
disputes, claims or controversies that exist or may
arise out of, under or in connection with this
Agreement, first to binding arbitration located in
Washoe County, Nevada, United States in accordance
with the Commercial Arbitration Procedures of the
American Arbitration Association. The parties
agree that judgment upon the arbitration award will
be final, binding and conclusive upon each party and
may be entered into any court having jurisdiction.
In the case of action under this Section, the
prevailing party shall be entitled to recover its
costs of the proceeding, including reasonable
attorneys' fees and out of pocket expenses.
24. CHOICE OF LAW, VENUE
AND FORUM
The TOU, the privacy policy,
licenses and any operating rules for
Tweet Riches shall be
construed in accordance with and governed by the
laws of the United States and the State of Nevada,
without reference to their rules regarding conflicts
of law. You hereby irrevocably consent to the
exclusive jurisdiction of the state or federal
courts in Washoe County, Nevada, United States in
all disputes arising out of or related to the use of
the Website or Services
25. SEVERABILITY
If, for whatever reason, a court
of competent jurisdiction finds any term or
condition in these Terms of Use to be unenforceable,
all other terms and conditions will remain
unaffected and in full force and effect.
26. WAIVER
No waiver of any breach of any
provision of these Terms of Use shall constitute a
waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in
writing and signed by an authorized representative
of the waiving party.
27. HEADINGS
The section headings used herein
are for convenience only and shall not be given any
legal importance.
28. COPYRIGHT
All contents of Website or
Services are: © 2009 Tweet Riches All rights
reserved.
29. TRADEMARKS
Tweet Riches its logos are
trademarks of Bessling Company, Inc. All other
trademarks, names of actual companies and products
appearing on mentioned herein on the Website are the
property of their respective owners. The example
companies, organizations, products, domain names,
email addresses, logos, people and events depicted
herein are fictitious. No association with any real
company, organization, product, domain name, email
address, logo, person, or event is intended or
should be inferred.
30. NO LICENSE
Nothing contained on the Website
should be understood as granting you a license to
use any of the trademarks, service marks, logos and
the like owned by Tweet Riches or by any third
party.
31. NOTICES
Any notices to Tweet Riches shall
be given by email to support @
Tweet Riches and by certified mail, return
receipt requested Bessling Company, Inc., 5218
Wasena Ave., Baltimore, MD 21225, United States and
as may be otherwise directed by Tweet Riches. Any
notice to Members shall be sent by email to the
email address provided by the Member. Email notices
to a Member shall be deemed delivered twenty-four
(24) hours from the time the email is sent. Notices
to Tweet Riches shall be deemed delivered five (5)
calendar days after sent by certified mail.
32. COPYRIGHT INFRINGEMENT
Tweet Riches has in place certain
legally mandated procedures regarding allegations of
copyright infringement occurring on the Website or
with the Services. Tweet Riches has adopted a policy
that provides for the immediate suspension and/or
termination of any Website or Services Member who is
found to have infringed on the rights of Tweet
Riches or of a third party, or otherwise violated
any intellectual property laws or regulations. Tweet
Riches’s policy is to investigate any allegations of
copyright infringement brought to its attention. If
you have evidence, know, or have a good faith belief
that your rights or the rights of a third party have
been violated and you want Tweet Riches to delete,
edit, or disable the material in question, you must
provide Tweet Riches with all of the following
information: (a) a physical or electronic signature
of a person authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a
representative list of such works; (c)
identification of the material that is claimed to be
infringed 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 Tweet Riches to locate the
material; (d) information reasonably sufficient to
permit Tweet Riches to contact you, such as an
address, telephone number, and if available, an
electronic mail address at which you may be
contacted; (e) 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 (f) 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. For
this notification to be effective, you must provide
it to the Copyright Infringement Unit ,support
@ Tweet Riches and by certified mail, return receipt
requested Bessling Company, Inc.,5218 Wasena Ave.
Baltimore, MD 21225 United States.
33. ACKNOWLEDGEMENT
BY USING THE SERVICES OR
ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS OF USE AND AGREE TO BE BOUND BY
THEM.
Any rights not expressly granted
herein are reserved. |
