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TWIDDLA TERMS OF USE

ACCEPTANCE OF TERMS

Please read this Terms of Use and Privacy Agreement ("Agreement") carefully before using www.twiddla.com ("Web site"), a web site maintained by Expat Software. We may make changes to this Agreement and to our Web site, services, and products from time to time, without notice. Such changes shall be effective immediately upon posting of the revised Agreement. Your use of the Web site is subject to your acceptance of this Agreement, which includes the following Terms of Service, Privacy Policy, and any future amendments.

TERMS OF SERVICE

We provide our service to you subject to this Terms of Service ("TOS"), which may be updated by us from time to time, without notice. Our most current TOS may be viewed at any time at: www.twiddla.com.

General Compliance with Laws

All users shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Web site. You acknowledge that our materials are protected by copyright law and agree that you will not reprint, republish, or distribute any information found on the Web site.

Content Posted By Users

You may post and share comments and content with other users through Twiddla. By using Twiddla, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:

1. is harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
2. is obscene, pornographic, excessively violent or harmful to minors or depicts minors or others engaged in sexually explicit conduct or in a sexually explicit manner;
3. is illegal;
4. is tortuous, defamatory, libelous or invasive of another’s privacy or publicity rights;
5. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
6. is prohibited under law or contractual or fiduciary relationships;
7. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
8. bears any false, disguised or misleading origin;
9. contains software viruses or any other computer code, files, programs or malware designed to destroy, interrupt, interfere with or otherwise limit the functionality of any computer software, computer hardware or other equipment, or gain unauthorized access or collect data.

All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Twiddla. Twiddla reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Twiddla and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF TWIDDLA AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE TWIDDLA AND THE SERVICES PROVIDED THEREBY.

Disclaimers

Your use of the Web site is at your own risk. Expat Software makes no warranties or representations as to the materials, information, products, and services included in the Web site and assumes no liability or responsibility for any errors or omissions therein. Twiddla expressly disclaims, to the fullest extent permitted by law, all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose.

Expat Software disclaims any warranties regarding the security, reliability, timeliness, and performance of its service. Expat Software shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control.

Expat Software also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Web site or your downloading of any materials from the Web site.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email.
3. You understand that Expat Software uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Expat Software, or any other Expat Software service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Expat Software.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Expat Software customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Expat Software) of other Twiddla customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Expat Software does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Expat Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Expat Software has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Expat Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Expat Software and govern your use of the Service, superceding any prior agreements between you and Expat Software (including, but not limited to, any prior versions of the Terms of Service).
15. Questions about the Terms of Service should be sent to support at ExpatSoftware dot com.

Linking

Twiddla may include links to other Internet sites solely as a convenience to users of its Web site. Such links do not imply any endorsement of these web sites or the information, material, products, or services contained on or accessible from these web sites. Users access and use such web sites, including information, material, products, and services therein, solely at the users’ own risk. Expat Software is not responsible for the privacy practices or content of such other sites.

Advertisers

Twiddla may include pop-up ads, banner ads, or other third party advertisements. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Expat Software shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers on the Web site.

Indemnification

You agree to indemnify and hold Expat Software harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Web site or your violation of the Agreement.

Jurisdiction

This Terms of Use and Privacy Agreement will be governed and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any action based on or alleging a breach of this Agreement shall be brought only in a state or federal court located in The United States of America. If we prevail in any such action, we shall be entitled to also recover our legal fees and costs.

General

If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by Expat Software.