Terms of Service

 

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY USING TWEETBRAIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF TWEETBRAIN.

Welcome to TweetBrain, an open, community-powered service offering solutions to your questions, optionally with a financial reward that you put up. The www.TweetBrain.com (the “Site”) and related services (collectively, the “Service"), are operated by TweetBrain and affiliates (collectively, "us", "we", "TweetBrain" 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 Service ("Terms of Service"), whether or not you are a registered member of TweetBrain.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, 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 Service and to review such changes.

When a financial reward is offered by you, TweetBrain works with Twitter, and PayPal (a subsidiary of EBay.com) to provide you and the recipient(s) of your payment (reward) with a convenient way to complete payments initiated via TweetBrain.

Before you can send or receive payments, you will need a Twitter account and you must connect your Twitter account to your PayPal account via TweetBrain. All payments you initiate on Tweetbrain will be processed by PayPal. You will be charged to receive payments in accordance with the PayPal fee policy. We encourage you to read PayPal’s Legal Agreements for PayPal™ Services before proceeding further.

Except for TweetBrain's limited role of initiating your payments, TweetBrain is not involved in any underlying transaction between you, any other user, or any other party. TweetBrain is not a bank and does not offer banking services. TweetBrain is not responsible for chargebacks, missed payments, fraud, or any other issues related to payments.

For information on using the TweetBrain services, please refer to our FAQ page.

 

Eligibility

This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and abide by all of the terms and conditions of these Terms of Service.

 

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 TweetBrain 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 TweetBrain.

TweetBrain makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such sites. 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 TweetBrain 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 TweetBrain does not pre-screen or approve Content, but that TweetBrain 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 Service or for any other reason.

We shall have no liability for any decisions based upon any Content, regardless your view(s) of said Content. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on said Content, including but not limited to any personal loss, business loss, or any other matter.

 

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 TweetBrain does not pre-screen or approve User Content, but that TweetBrain 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 Service 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 TweetBrain will not accept requests to remove User Content. TweetBrain 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 Service, 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

TweetBrain grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal and business use. Nevertheless, 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 TweetBrain 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 TweetBrain.

 

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 TweetBrain.

 

User Conduct

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); or

  • Intentionally or unintentionally violate any applicable local, state, national or international law.

 

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 TweetBrain at copyright [at] TweetBrain [dot] com.

or:

TweetBrain

650 Castro Street, Suite 120-470
Mountain View, California, 94041
Re: Copyright Infringement

Contact an agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).

 

Disclaimer; Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWEETBRAIN AND ITS THIRD-PARTY PARTNERS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TWEETBRAIN SERVICE IS AT YOUR SOLE RISK. THE TWEETBRAIN SERVICE AND ANY DATA OR INFORMATION MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TWEETBRAIN SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TWEETBRAIN AND ITS THIRD PARTY SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE DATA, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE TWEETBRAIN SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. TWEETBRAIN AND ITS THIRD PARTY SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TWEETBRAIN SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TWEETBRAIN, NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUPPLIERS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER FORM OF DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TWEETBRAIN SERVICES, THE WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND WHETHER OR NOT TWEETBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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