LAST UPDATED: November 22, 2011
Welcome to Twigtale! We hope you enjoy your visit to our website and find that using our services is productive, easy, and fun.
- Changes to the Twigtale Services.
We reserve the right at any time to change all or any part of the Twigtale Services, including by eliminating or discontinuing any content or feature of the Twigtale Services, and to change any fees or charges associated with any of the Twigtale Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Twigtale Site or by electronic mail. Your continued use of the Twigtale Services after such notice will be deemed acceptance of such changes. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content or feature of the Twigtale Services or any change in any fees or charges for use of the Twigtale Services.
- Your Use of the Twigtale Services.
While using the Twigtale Site and/or Twigtale Services, you agree to comply with all applicable laws, rules, and regulations. In addition, we expect users of the Twigtale Site and/or Twigtale Services to respect the rights and dignity of others. Your use of the Twigtale Site and/or Twigtale Services is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Twigtale Site and/or Twigtale Services pursuant to Section 10 below. You may not use the Twigtale Site or the Twigtale Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Twigtale Site or the Twigtale Services. You may not attempt to gain unauthorized access to any of the Twigtale Services, any Twigtale Accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that while using the Twigtale Services, you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Twigtale Site, its content or materials and/or the Twigtale Services;
- remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Twigtale Site or Twigtale Services;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Twigtale Services;
- transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
- reformat or frame any portion of the web pages that are part of the Twigtale Site and/or the Twigtale Services;
- create user accounts by automated means or under false or fraudulent pretenses or impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity;
- access or use (or attempt to access or use) another user’s content without permission;
- collect and store any personal data about other users or any other content available on or through the Twigtale Site and/or Twigtale Services;
- defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; or
- express or imply that any statements you make are endorsed by us, without our prior written consent;
- Your Submissions.
- You are solely responsible for your Submissions;
- You may not upload, post, submit, distribute, transmit, reproduce or otherwise exploit any Submission that infringes, misappropriates or violates the intellectual property, publicity, privacy, or other proprietary rights of any third party;
- You may not provide any Submission that falsely expresses or implies that such Submission is sponsored or endorsed by us;
- You may not provide any Submission that harasses or advocates harassment of a third party, is unlawful, fraudulent, threatening, abusive, obscene, defamatory, libelous, promotes or encourages illegal activity or is otherwise objectionable;
- You may not provide Submissions as a means of transmitting unsolicited mass mailings or “spamming;”
- Your Submission may not be pornographic, sexually explicit, feature graphic nudity or otherwise be inappropriate for or harmful to minors in any way whatsoever;
- You agree that you will only provide Submissions that you believe to be true and you will not purposely provide false or misleading information;
- You may not provide any Submission which solicits or is designed to solicit personal information from anyone under eighteen or which otherwise poses or creates a privacy or security risk to any person;
- BY SUBMITTING ANY SUBMISSION, YOU AGREE TO AND HEREBY DO GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO GRANT, KITABU, ITS SERVICE PROVIDERS AND OTHER CONTRACTORS AND THE USERS OF THE TWIGTALE SITE AND TWIGTALE SERVICES, A NON-EXCLUSIVE, IRREVOCABLE, PERPETUAL, ROYALTY-FREE, FULLY SUBLICENSABLE, FULLY PAID UP, WORLDWIDE LICENSE TO USE, COPY, PUBLICLY PERFORM, DIGITALLY PERFORM, PUBLICLY DISPLAY, DIGITALLY DISPLAY, TRANSMIT, DISTRIBUTE AND EXPLOIT SUCH SUBMISSION AND TO ADAPT, EDIT, TRANSLATE, PREPARE DERIVATIVE WORKS OF OR INCORPORATE INTO OTHER WORKS, SUCH SUBMISSION; and
We reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending Submission or communication (or replacing expletives or other language that may be deemed harmful or offensive contained therein) from the Twigtale Site and/or Twigtale Services and terminating the membership of or blocking access to the Twigtale Services by such violators (including, without limitation, by suspending the processing and shipping of any order relating to any Submission).
- Our Proprietary Content.
- Your Purchases.
Descriptions, images, references, features, content, specifications, products, price, and availability of products and services offered for sale on/through the Twigtale Site and/or Twigtale Services are subject to change without notice, and our current prices can be found on the Twigtale Site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on/through the Twigtale Site or Services at a particular time does not imply or guarantee that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased through the Twigtale Site or Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service we offer for sale on/through the Twigtale Site or Twigtale Services; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
- Public Linking.
As part of the Twigtale Services, we may enable you to share your Twigtale creations with friends via our “Public Linking” feature. Please be aware that any content (which may include your Submissions and/or portions or derivates thereof) that you choose to share using this feature will be publicly accessible. We are not responsible for and shall have no liability whatsoever as a result of or in connection with any third party access or use of Submissions or any portions or derivates thereof which you share via the Public Linking feature. We reserve the right to modify, suspend or terminate this feature at any time, as we deems appropriate in our sole discretion.
As part of the Twigtale Services, we may permit you to communicate directly with other users through our user forums (collectively, the “Forums”). Some Forum participants may not be Twigtale Members, may have no connection to us whatsoever and may use anonymous screen names. Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive and/or may otherwise behave in a manner objectionable to you. Notwithstanding any other provisions contained herein, we neither endorse nor are responsible for any statement, opinion or other content accessible on or through the Forums. Under no circumstances will Kitabu, any of our affiliates, distributors, partners, licensors, and/or any of our or their directors, officers, employees, consultants, agents, or other representatives be liable for any loss or damage caused by your reliance on information obtained through the Forums. We may, but have no obligation to, monitor the Forums.
- Our Copyright Dispute Policy
We are committed to protecting copyrights and expect our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Twigtale Site or Twigtale Services infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an 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 infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Twigtale Site or Services; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will notify you in the event any of your Submissions are removed pursuant to our Copyright Dispute Policy. Upon such notification, if you believe that your Submission is not infringing and should not have been removed, you may send a counter-notice to our Designated Agent, which must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for further details.
Our Designated Agent may be reached at:
P.O. Box 881016
Los Angeles, CA 90009
12. Third-Party Websites, Software, and Services.
15. Disclaimer of Warranties.
WE PROVIDE THE TWIGTALE SITE AND THE TWIGTALE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE TWIGTALE SITE OR TWIGTALE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE TWIGTALE SERVICES AND THE TWIGTALE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE TWIGTALE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TWIGTALE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE TWIGTALE ERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE TWIGTALE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE TWIGTALE SITE OR TWIGTALE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, KITABU MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE TWIGTALE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. KITABU DOES NOT WARRANT THAT THE TWIGTALE SITE OR THE TWIGTALE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE TWIGTALE SERVICES, OUR SOFTWARE OR TWIGTALE SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
16. Liability Limitations.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TWIGTALE SERVICES OR THE TWIGTALE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (1) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE TWIGTALE SERVICES; OR (2) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE TWIGTALE SITE AND/OR THE TWIGTALE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
17. California Users.
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Many of our users are interested in submitting ideas and suggestions in connection with the Twigtale Site or Services, either independently of, or in conjunction with, our internally developed concepts. We appreciate our users’ interest in improving the Twigtale Services; however, please note that any such ideas or suggestions that you submit will be owned by Kitabu, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to Kitabu. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted herein.
20. International Use.
The Twigtale Services are controlled and operated by Kitabu from within the United States, and the Twigtale Site is not intended to be accessed outside the United States. Kitabu does not represent or warrant that the Twigtale Services or any portions thereof are appropriate or available for use in any other jurisdiction. Those who choose to access the Twigtale Services from outside the United States do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Twigtale Services’ availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
21. Our Relationship.
Copyright © 2011 Kitabu LLC. All rights reserved.