Terms of Service
Note, This Privacy Policy (which we adapted from a policy originally provided by
Automattic (WordPress.com)) is made available under the Creative Commons
Sharealike license, which means you're more than welcome to steal it and
repurpose it for your own use, just make sure to replace references to us with
ones to you.
We (the folks at LinkTwit) run link shortening and posting service and would
love for you to use it. Our basic service is free, and we may offer paid
upgrades for advanced features. Our service is designed to give you as much
control and ownership over what you post as possible and encourage you to
express yourself freely. However, be responsible in what you link to. In
particular, make sure that none of the prohibited items listed below (things
like spam, viruses, or hate content) get linked to.
Terms of Service:
The following terms and conditions govern all use of the LinkTwit.com website
and all content, services and products available at or through the website. The
Website is owned and operated by Dale Interactive Group, LLC ("DIG"). The
Website is offered subject to your acceptance without modification of all of the
terms and conditions contained herein and all other operating rules, policies
(including, without limitation, DIG's
Privacy Policy) and procedures that may be published from time to time on
this Site by DIG (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By
accessing or using any part of the web site, you agree to become bound by the
terms and conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by DIG,
acceptance is expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
- Your LinkTwit.com Account. If you create an account on the Website, you
are responsible for maintaining the security of your account, and you are fully
responsible for all activities that occur under the account and any other
actions taken in connection with the account. You must immediately notify DIG
of any unauthorized uses of your account or any other breaches of security. DIG
will not be liable for any acts or omissions by You, including any damages of
any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post links on the Website, or
otherwise make (or allow any third party to make) material available by means of
the Website (any such material, "Content"), You are entirely responsible for the
content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent and
warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the
Content, including but not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users any
required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
- the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what
that means), does not contain threats or incite violence towards individuals
or entities, and does not violate the privacy or publicity rights of any third
party;
- your link is not getting advertised via unwanted electronic messages such as
spam links on newsgroups, email lists, other blogs and web sites, and similar
unsolicited promotional methods; and
- you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by DIG or otherwise.
By submitting a link to DIG for posting, you grant DIG a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish
the Content solely for the purpose of displaying, distributing and promoting
your link. If you delete Content, DIG will use reasonable efforts to remove it
from the Website, but you acknowledge that caching or references to the Content
may not be made immediately unavailable.
Without limiting any of those representations or warranties, DIG has the right
(though not the obligation) to, in DIG's sole discretion (i) refuse or remove
any content that, in DIG's reasonable opinion, violates any DIG policy or is in
any way harmful or objectionable, or (ii) terminate or deny access to and use of
the Website to any individual or entity for any reason, in DIG's sole
discretion. DIG will have no obligation to provide a refund of any amounts
previously paid.
- Fees and Payment. Optional premium paid services may be available on the
Website. By selecting a premium service you agree to pay DIG the monthly or
annual subscription fees indicated for that service. Payments will be charged on
the day you sign up for a premium service and will cover the use of that service
for a monthly or annual period as indicated. Premium service fees are not
refundable.
- Responsibility of Website Visitors. DIG has not reviewed, and cannot
review, all of the material, including computer software, posted to the Website,
and cannot therefore be responsible for that material's content, use or effects.
By operating the Website, DIG does not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate, useful
or non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. The Website may contain content that
is offensive, indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and other errors. The
Website may also contain material that violates the privacy or publicity rights,
or infringes the intellectual property and other proprietary rights, of third
parties, or the downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. DIG disclaims any responsibility for
any harm resulting from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available through
the websites and webpages to which LinkTwit.com links, and that link to
LinkTwit.com. DIG does not have any control over those websites and webpages,
and is not responsible for their contents or their use. By linking to a website
or webpage, DIG does not represent or imply that it endorses such website or
webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. DIG disclaims any responsibility for any harm
resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As DIG asks others to respect its
intellectual property rights, it respects the intellectual property rights of
others. If you believe that material located on or linked to by LinkTwit.com
violates your copyright, you are encouraged to notify DIG in accordance with
DIG's Digital Millennium Copyright Act
("DMCA") Policy. DIG will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to the
infringing material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of DIG or others,
DIG may, in its discretion, terminate or deny access to and use of the Website.
In the case of such termination, DIG will have no obligation to provide a refund
of any amounts previously paid to DIG.
- Intellectual Property. This Agreement does not transfer from DIG to you
any DIG or third party intellectual property, and all right, title and interest
in and to such property will remain (as between the parties) solely with DIG.
DIG, LinkTwit.com, the LinkTwit.com logo, and all other trademarks, service
marks, graphics and logos used in connection with LinkTwit.com, or the Website
are trademarks or registered trademarks of DIG or DIG's licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any DIG or
third-party trademarks.
- Changes. DIG reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. DIG may also, in the future, offer new services
and/or features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
- Termination. DIG may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your LinkTwit.com
account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a VIP Services account, such account
can only be terminated by DIG if you materially breach this Agreement and fail
to cure such breach within thirty (30) days from DIG's notice to you thereof;
provided that, DIG can terminate the Website immediately as part of a general
shut down of our service. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
- Disclaimer of Warranties. The Website is provided "as
is". DIG and its suppliers and licensors hereby disclaim all warranties of any
kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
DIG nor its suppliers and licensors, makes any warranty that the Website will be
error free or that access thereto will be continuous or uninterrupted. If you're
actually reading this, here's a treat.
You understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will DIG, or its
suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to DIG under this agreement during the twelve (12)
month period prior to the cause of action. DIG shall have no liability for any
failure or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the DIG Privacy
Policy, with this Agreement and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct and acceptable
content, and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless DIG, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses, including
attorneys' fees, arising out of your use of the Website, including but not
limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between
DIG and you concerning the subject matter hereof, and they may only be modified
by a written amendment signed by an authorized executive of DIG, or by the
posting by DIG of a revised version. Except to the extent applicable law, if
any, provides otherwise, this Agreement, any access to or use of the Website
will be governed by the laws of the state of Colorado, U.S.A., excluding its
conflict of law provisions, and the proper venue for any disputes arising out of
or relating to any of the same will be the state and federal courts located in
San Francisco County, California. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be brought in
any competent court without the posting of a bond), any dispute arising under
this Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc.
("JAMS") by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in Colorado Springs, Colorado, in the English
language and the arbitral decision may be enforced in any court. The prevailing
party in any action or proceeding to enforce this Agreement shall be entitled to
costs and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and conditions;
DIG may assign its rights under this Agreement without condition. This Agreement
will be binding upon and will inure to the benefit of the parties, their
successors and permitted assigns.