Twibble Terms of Use

Effective: August 24, 2014

Introduction

The RSS feed tweeting and Twitter, Inc. (“Twitter”) management platform (the “Service”) made available by Twibble, Inc. (“Twibble,” “we” and “us”) through this website (the “Site”) enables customers of the Service (“Users” or “you”) to automate the tweeting of content from various RSS feeds, and to schedule or otherwise manage such content to Users’ Twitter accounts. Users of the Service are also bound by Twitter’s Terms of Service and Privacy Policy.

These Terms of Use (the “Terms”) set forth the agreement between you and Twibble governing your use of the Service and the Site. Your use of the Service or the Site indicates that you accept these Terms. If you do not accept these Terms, please do not use the Service or the Site.

It is important that you periodically review these Terms, as we may modify them at any time and without prior notice to you by posting a modified version of the Terms to the Site. Any changes to the Terms will be immediately effective on a prospective basis upon our posting of the modified version. If you disagree with any of these Terms, your sole remedy is to discontinue your use of the Service and the Site. Your continued use after a change to the Terms has been posted constitutes your acceptance of the change.

Registration

To use the Service, you will first need to register on the Site. To register, you will login using your Twitter credentials, and authorize Twibble to access your Twitter credentials by providing your Twitter account name and Twitter password. For more information, please consult the Twibble Privacy Policy (available here).

Immediately after authorizing Twibble to use your Twitter credentials, you will also be asked to provide your email address.

You agree to provide true, accurate, current and complete information about yourself as requested in the registration process and the Account Settings page.

Payment

Twibble is offered in three payment tiers (the “Paid Plan(s)”). The Paid Plans offer both monthly and yearly payment options.

When you subscribe to any Paid Plan, your payment will auto-renew at the termination of each payment period. For example if you subscribe to a monthly plan, then your subscription will auto-renew every month. If you subscribe to a yearly plan, then your subscription will auto-renew every year.

Plan prices can change without notification, however, you will always be locked into the price you first paid, unless so notified to the contrary.

Except as outlined below, there will be no refunds offered for any payments, and all sales are final.

Charges to Your Credit Card

You agree to pay all amounts charged by Twibble (including any applicable state and local taxes) in accordance with these Terms. 

Prorating

In the event of changes to your Paid Plan, such as upgrading to a more expensive plan, or downgrading to a less expensive plan, you will be prorated for the change.

For example, without limitation, if you subscribed to a $10 monthly plan, and then, 15 days into the 30 day plan, switched to a $20 monthly plan, you would have a $5 balance remaining which would be applied to your new plan.

However, it would also mean that you were getting 15 days (50%) of your new $20 plan in advance, a $10 value.

Therefore, your next bill would be $20 (the new plan price) + $10 (for the extra 15 days) - $5 (your remaining balance from your original $10 plan) = $25. 

For changes to yearly plans, full payment will be due immediately, and the balance on your original plan will be refunded.

For example, without limitation, if you were subscribed to a $100/year plan and then moved to a $1000/year plan after 6 months, you would immediately pay $1000 and be refunded $50 for a net of $950, and your billing renewal date would rest to the date of this change.

Refunds

All transactions executed by the Service are final. Twibble offers no price protections or refunds, except as outlined below:

Annual subscriptions:

  • Full refunds will automatically be issued for annual website subscriptions cancelled within 7 days of the first payment.
  • We don't offer refunds after 7 days following the first payment.

Monthly subscriptions:

  • We don't offer refunds for monthly plans. 

Renewal payments:

  • We don't offer refunds for renewal payments.

Payment Information

You acknowledge and agree that any credit card and billing payment information that you provide to us may be shared with companies that work on our behalf, such as payment processors and credit agencies, solely for the purpose of checking credit, effecting payment to Twibble and servicing your account. We may also provide information in response to a subpoena, court order or other legal process. 

We will not be liable for any use or disclosure of such payment information by such third parties.

Functionality of the Service

Certain features or functionality of the Service may be added, removed, changed, or otherwise altered from time to time and without notice. A generally up-to-date list of features offered by the various Service plans can be found on the Account Upgrade page (located here). Twibble makes no promise or guarantee that all features or functionality will always be available. With respect to customer support, all response time estimates on the Account Upgrade page are optimal and are in no way meant to guarantee such response times. In no event will such response time estimates apply outside of normal business hours, i.e., 9am to 5pm Monday through Friday, excluding holidays.

Prohibited Activities

In using the Service and the Site, you must not: 

  • Send or otherwise transmit to or through the Service or the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material or terms of any kind; 
  • Misrepresent your identity or affiliation in any way; 
  • Misrepresent your keywords (if you are a Seeker) or the opportunity (if you are a Provider);
  • Violate any applicable laws or regulations; or 
  • Assist or permit any persons to engage in any of the activities described above. 

User-Submitted Information

You must exercise caution, good sense and sound judgment in using the Service and the Site. You are responsible for any material you transmit to or through the Service, the Site or to us through email. You agree, represent and warrant that any information you transmit to or through the Service, the Site or to us through email is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. As noted in the “Privacy” section below, certain information submitted by you is subject to our Privacy Policy (available here).

Copyright

The material made available through the Service and on the Site is protected by copyright. No material from the Service or the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights of Twibble or other entities where so indicated. 

Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any webpage on the Site except the “home page” (www.twibble.io), must be obtained from Twibble in advance. Requests for such authorization should be submitted via email at [email protected] For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Twibble.

Trademarks

All trademarks, service marks, logos and trade names on the Service or the Site, whether registered or unregistered, including but not limited to “Twibble,” are proprietary to Twibble or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

Site Security

You are prohibited from violating, or attempting to violate, the security of the Site or the Service. Any such violations may result in criminal and/or civil penalties against you. Twibble will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. 

Links to Other Websites

For your convenience, the Site may contain links to other websites. If you use these links, you will leave the Site. Certain of these linked websites may make use of Twibble proprietary intellectual property rights under license from Twibble. Twibble is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether or not Twibble is affiliated with the owners of such websites. In addition, providing links to these websites should not be interpreted as endorsement or approval by Twibble of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites. 

Jurisdictional Issues

The Service and the Site are controlled and operated by Twibble from its offices within the State of California, in the United States of America. Twibble makes no representation that materials available through the Service or on the Site are appropriate or available for use in other locations. Those who choose to access the Service or the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service and the Site from jurisdictions where the contents of the Site or the Service are illegal or penalized is prohibited. 

Disabling Accounts

There is no way to disable the Service other than to remove all RSS feeds from your account. To utilize the Service for free, you must cancel any current subscription to any of the Paid Plans. No refunds will be granted except as explained above. For account termination, see below.

Termination

Twibble may terminate your use of the Service or the Site at any time and for any or no reason without notice to you. All provisions of these Terms which by their nature contemplate performance after the termination of your use of the Service or the Site shall survive such termination.

You may terminate your account (and thus your access to the Service and the Site) at any time by logging into your account and clicking and confirming that you with to delete your account from the Account Management settings. If you confirm that you wish to terminate your account:

  • We will not use your credit card and other personal information from that point forward;
  • Any and all RSS feeds, settings, billing information, contact information, or anything else that you have provided to the Service will be permanently deleted;
  • Your account and all content contained therein, or associated therewith, will not be recoverable.

Disclaimers

Twibble does not endorse or support any Providers or Seekers with which you may connect through the Service. Twibble likewise does not guarantee the truthfulness, accuracy or reliability of any of the Contact Information or other data delivered by the Service. You acknowledge that your reliance on any such information will be at your own risk.

The maximum purchase price for any Provider-Seeker connection effectuated by the Service is dictated by the Seeker’s experiences associated with the Seeker’s keywords and their resultant prices. Twibble is not responsible for and does not participate in the experience rating practices of Seekers' keywords and the resultant price of such keywords.

The FEATURES AND INFORMATION ON THE Site AND PROVIDED BY THE SERVICE are provided “as is” AND ON AN “As available” basis, and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Twibble disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Twibble does not warrant that the functions contained ON the SITE OR DELIVERED BY THE SERVICE will be uninterrupted or error-free, that defects will be corrected, or that THE Site or the server that makes it available are free of viruses or other harmful components. 

Twibble does not make any representations or warranties regarding the data delivered by the service or the site, or any other results of the SERVICE, in terms of their correctness, accuracy, reliability, or otherwise. 

Applicable law may not allow the exclusion of implied warranties, so the FOREGOING exclusion may not apply to you.

Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Twibble be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, THE SERVICE OR THE Site, even if Twibble or a Twibble authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the FOREGOING exclusion may not apply to you. 

Indemnity and Release

To the extent permitted by applicable law, you agree to indemnify, defend and hold Twibble and its directors, employees, agents and contractors harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney’s fees, arising out of or in connection with your use of the Service or the Site. Twibble reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. 

If you use the Service to connect with and/or enter into a contract with another User, then you agree to release and hold Twibble harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury or property damage, either directly or indirectly related to or arising from your connecting or contracting with such other User.

Children

The Site is a general audience site. Twibble does not seek through the Site to gather personal information from or about persons under the age of 13. Persons under the age of 18 are prohibited from registering to use the Service.

Privacy

Use of the Site is also subject to our Privacy Policy (available here).

Other

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. 

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to [email protected]. We will endeavor to respond to you promptly.

 

 

 
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