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Terms of Use
Welcome to http://www.twisney.com (the "Site"). PLEASE READ THROUGH OUR TERMS OF USE ("Terms") CAREFULLY. Your use of this Site means you accept these Terms. If you do not agree with the Terms in their entirety, please do not use the Site. We reserve the right to modify these Terms at any time. Please check these Terms periodically for any important changes. Your continued use of this Site following posting of changes to these Terms will mean you accept those changes. You must accept the agreement in its entirety; therefore, we encourage you to carefully review and familiarize yourself with it. In addition, you should review the agreement from time to time for any important changes. The current version of the Terms will always be available online via the "Terms of Service" link at the bottom of every page on the Site.
General
The Site is owned and operated by by an individual (the "Site Operator"), not a business or corporation.
The "Site" includes all the services and content provided on it. "User" means any person who uses the Site. The right to use the Site is personal to a User and a User's Account, if any, is not transferable. Unless authorized, a User must be an individual who is at least thirteen (18) years of age. A User may permit usage of the Site by other individuals in a User's household, but the User remains solely responsible for all actions incurred by such individuals with respect to such User's Account. By using the Site, you accept and agree to comply with these Terms and any related "Agreements" (which include, without limitation, the Privacy Policy as made available at the bottom of this Terms of Use page ("Privacy Policy"), our Legal Disclaimers and all rules or policies posted on the Site, for as long as you remain a User. Except as expressly permitted in these Terms or any related Agreement, no portion of the Site (including any information, content or software) may be downloaded, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.
The Site does not control the information provided by Users that is made available through our system. You may find other Users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using this Site, you agree to accept such risks and the Site Operator is not responsible for the acts or omissions of Users on the Site.
The Site Operator shall have the right to use for any purpose any non-personally identifiable information of a User provided by the User. Review carefully our Privacy Policy for more information on how we use and protect your information.
Price and Payment
The Site offers free content and usage.
Changes
The Site Operator reserves the right, at any time, to (i) change these Terms or any of the related Agreements, (ii) change the Site, including eliminating or discontinuing any content or feature of the Site, restricting the hours of availability or limiting the amount of use permitted by a User, or (iii) change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any feature thereof. Any use of the Site after such notice shall be deemed to and shall constitute acceptance by a User of the changes.
User Conduct
You shall not post, transmit through or otherwise make available via the Site (i) any material that violates or infringes in any way upon the rights of others, which is unlawful, vulgar, defamatory, obscene, abusive, profane, sexually explicit, or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) any copyrighted material, without the express written consent of the owner thereof, (iii) any advertising or any solicitation with respect to products or services, without the express prior written consent of the Site Operator, (iv) any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) create liability for the Site Operator or cause the Site Operator to lose (in whole or in part) the services of our ISPs or other suppliers. You shall be responsible for, and assume all liability associated with, any material made available via the Site by you, including liability for claims of infringement, libel and slander. By way of example, and not as a limitation, you agree not to: interfere with or disrupt networks connected to the Site or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or interfere with another User's enjoyment or use of the Site. You may not reuse, resell or make any other use, commercial or otherwise, of the Site or any portion thereof or any of thegames or game formats on the Site or any other information from the Site without our prior written consent. You acknowledge and agree that the Site Operator owns the Site, all rights to and with respect to the Site, all content displayed on the Site, and all games, game formats, systems and processes on the Site or applied in connection with the services made available through the Site. The Site Operator may remove any material posted or transmitted by a User on the Site. However, the Site Operator does not and is under no obligation to review any information posted by a User on the Site or to review material posted or to remove material. Any information you post, transmit or otherwise make available on the Site shall be considered to be in the public domain, and may be copied, published, distributed or otherwise used by the Site Operator (or another User, subject to the limitations set forth herein) for any purpose without your permission.
Site Content
The Site includes copyrighted and patent drafting material owned by the Site Operator, and the entire contents of the Site are copyrighted as a collective work under the United States copyright laws and such copyrighted material is owned by the Site Operator. No license is granted to the copyrighted or patented or patent pending material and you may not copy, reproduce, publish, retransmit or redistribute any such copyrighted or patented or patent pending materials, in whole or in part, in any manner, without the express written permission of the Site Operator, except as otherwise expressly stated in these Terms or any related Agreement and then solely for the purpose of using the Site as expressly permitted therein. A User may download or make a single copy of copyrighted materials solely for the User's own personal use, provided the User preserves any copyright or other notices contained in or associated with such material. The Site Operator shall not be responsible for any material posted on the Site (including, without limitation, in any public posting areas of the Site) by any person or entity. At no time should the opinions, views, advice or statements provided on the Site be relied upon for important personal decisions without independent verification. The trademarks to certain trademarked names used on the Site are not owned by the Site Operator and are the property of their respective owners. Use of such trademarked names does not imply any association with, sponsorship by or authorization by the respective owner.
Permitted Use
The Site and the services offered on the Site are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.
Disclaimers and Limitation of Liability
YOU AGREE THAT THE USE OF THE SITE, AND ANY SOFTWARE OBTAINED THROUGH OR IN CONNECTION WITH THE SITE, IS AT YOUR SOLE RISK. NEITHER THE SITE OPERATOR, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SOFTWARE WILL BE ERROR-FREE; NOR DOES THE SITE OPERATOR OR ANY OF THE FOREGOING PERSONS OR ENTITIES MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE OR THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE AND ANY SOFTWARE ARE 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; AND THE SITE OPERATOR HEREBY EXPRESSLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND SUCH OTHER PERSONS, ALL WARRANTIES OF ANY KIND, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSIONS, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS. YOUR SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE, SHALL BE TO TERMINATE YOUR ACCOUNT. IN NO EVENT WILL THE SITE OPERATOR OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR ANY SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY OR ANY OTHER CAUSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS. EACH USER ACKNOWLEDGES SUCH EXCLUSIONS NEVERTHELESS AND AGREES TO SUCH EXCLUSIONS TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Site Operator against all claims and expenses, including reasonable attorneys' fees, arising out of or in any way related to your use of the Site.
Notices
Whenever, under the provisions of the Terms, you are required or permitted to give notice to the Site Operator, you shall give notice in writing either by e-mail to twisney@mitchcast.com.
Notices sent by a User to the Site Operator will not change these Terms or any Agreement between the parties.
The Site Operator may modify these Terms at any time in accordance with the Terms hereof.
The Site Operator may give notice or any other communication to you by sending an e-mail to the address provided by you.
Termination
In the event you are dissatisfied with the Site for any reason whatsoever, the only right available to you is to cease using the Site.
Miscellaneous
These Terms and the related Agreements constitute the entire agreement of the Site Operator and you with respect to the Site, and supersede all other communications and agreements with respect to the subject matter hereof. As described herein, we may modify any portion of these Terms or the related Agreements at any time. These Terms and the related Agreements shall be construed in accordance with the laws of the state of California, without regard to its conflict of laws rules. Any unresolved disputes between the parties will be submitted to arbitration under the rules of the American Arbitration Association ("AAA") then applicable and will take place in the state of the Site Operator's primary residence. The decision of the arbitrator will be binding and may be entered as a judgment in any court of competent jurisdiction. In any legal proceeding (including arbitration) relating to an unresolved dispute (including any claim in the event of one or more claims) between the parties, to the extent that one party hereunder incurs any fees, costs or expenses (including attorneys' fees) in connection with the prosecution or defense of such proceeding and such dispute is ultimately resolved in favor of such party, the other party shall pay the reasonable fees, costs and expenses incurred by such party in whose favor such dispute is resolved to such party.
If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
PRIVACY POLICY
We take your privacy very seriously. Please familiarize yourself with our privacy policy.
What We Collect and How We Use It
When you post to the Site, we collect your message and any accompanying media such as photos. If you send an email post to the Site, we collect your email address in order to logically group your messages into a single account. When you post via Twitter, we collect your Twitter username to logically group your messages into a single account. When you associate an email address with a Twitter account, we store the association so that we can logically group messages from both into a single account.
Photos and images posted by users are collected and stored in the public domain at flickr.com.
We DO NOT store any passwords that may be requested of you while using the site.
We DO NOT rent or sell the collected data to anyone. We may, however, share such information in the following limited circumstances: (a) we subcontract with a trusted provider to complete work specifically for us (and that subcontractor has agreed to comply with this Privacy Policy), (b) we offer services jointly with a trusted affiliate (and that affiliate has agreed to comply with this Privacy Policy), (c) we have your consent, (d) we are required by law or court order, or (e) we have a good faith belief that disclosure is necessary in order to protect the rights, property or safety of Onroo, its users or the public.
Changes to This Policy and Scope
If we make significant changes to the way we use personally identifiable information, we will notify you by placing a notice on our site so you can be aware of the information we collect, how we use it, and under what circumstances we might disclose it. Be sure to check the Terms of Use link regularly to see if there is a notice of any change. While we have every intention of strictly adhering to the privacy policy described herein, we reserve the right to modify it at any time. Under no circumstances shall the Site Operator incur any liability for disclosure of information based on a violation of the privacy policy described herein.