Twibes Member Agreement

This web site and the services offered on it (the "Site") are owned and operated by Adam Loving, sole owner and developer of the Twibes' Web site. The Site is provided to you pursuant to the terms and conditions of this User Agreement and any operating rules or policies that may be published by Adam Loving, including the Terms of Service, Terms of Purchase, and Privacy Policy, as may be amended from time to time (the "Agreements"). BY REGISTERING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENTS. If you are not an individual and are acting as a representative, the Agreements will bind your company and its officers, employees, agents, successor, and assigns.

1. Operation of the Site

Twibes leverages core pieces of the Twitter API and server infrastructure. Certain aspects of the site are delivered by Twitter and Twibes is not responsible for these features of the application.

2. Account Name and Password

Twibes uses the identity system provided by the Twitter API API. You are solely responsible for all uses of your account and you agree to immediately notify Twitter of any unauthorized use of your account or any other Site security breach known to you.

3. User Responsibilities

By consenting to the Agreements, you agree:

3.1 That you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you agree that you have the authority to bind your principal or employer company;

3.2 To provide complete and accurate information to Twibes, including, but not limited to information required to register with the Site;

3.3 To not: (i) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) delete or modify any author attributions, legal notices, or other proprietary designations or labels in any file that is uploaded; (iii) download any file that you know, or reasonably should know, cannot be legally distributed via the Site; (iv) incorporate any information from the Site into any other directory, product, or service; (v) publish or distribute any defamatory, infringing, obscene, indecent or unlawful material or information; (vi) defame, abuse, harass, threaten, stalk or otherwise violate the legal rights of others; (vii) collect or store personal data about other Users; (viii) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, and promote any act of cruelty to animals; (iv) disseminate instructions on how to assemble bombs, grenades, and other weapons and to create "crush" sites; and (x) engage in any commercial purpose, except as reasonably contemplated by operation of the Site, including, but not limited to, advertising or offering to sell any goods or services.

3.4 To provide for your own access to the Site, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges.

3.5 To not (i) submit any Comments not based on direct experience with a User, (ii) attempt to manipulate the Comments scores of yourself or any User by posting Comments more than once with respect to a particular experience or set of related experiences (except if such information is requested in more than one category), or by posting Comments from an account other than the account Twibes assigned to you.

4. Privacy and Security

4.1 As part of the Site registration process, you will provide certain personal or corporate information to Twibes. The information you provide will only be used in accordance with Twibes's

4.2 Twibes employs industry-standard security technology and procedures to protect the data on the Site, including your personal information. However, given the nature of the Internet, Twibes will not be held liable for any damages caused by Site security breaches unless such breach is caused by Twibes's gross negligence.

5. Modifications to the Site and the Agreements

5.1 Twibes reserves the right to modify or discontinue the Site at any time without notice to you and Twibes shall not be liable to you or any third party should Twibes exercise its right to modify or discontinue the Site.

5.2 Twibes reserves the right to modify the Agreements at any time by posting the amended terms on the Site. You are responsible for regularly viewing the Agreements. Continued use of the Site following any such changes will constitute your acceptance of such changes.

6. Ownership and Licenses

6.1 All contents of the Site are the property of Twibes, its suppliers, or its advertisers. The contents of the Site may not be copied, distributed, or transmitted in any way without the prior written consent of Twibes; provided that you may download, print, and store a single copy of the Site web site for personal use, if an individual, or internal business purposes, if a commercial entity. You may not modify the content in any way, nor delete any copyright or trademark notice.

6.2 You understand that all opinions, articles, directions, guides, text, graphics, information, data, software, messages and other materials (collectively, "Content") appearing on the Site or submitted to the Site is the responsibility of the person or entity originating such Content. By submitting Content to the Site, you warrant that: (a) you are the owner of such Content, or have been granted all the rights necessary from the Content owner to submit such Content to Site, and (b) the use of such Content by Twibes will not infringe the rights of any third party. By submitting Content to Twibes: (a) you automatically grant to (or warrant that the Content owner has granted to) Twibes a royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such Content, for any purpose whatsoever, including, without limitation, any commercial purpose, without any compensation to you; and (b) you agree that you will not publish, submit, or display such Content to or on any other web site or online service (except your own personal web site) without Twibes's prior written consent. Twibes reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.

6.3 Any information, ideas, suggestions, or communications sent by you to Twibes through the Site becomes the exclusive property of Twibes. Subject to the terms of the Privacy Policy, Twibes is entitled to use, reproduce, disclose, and distribute any information submitted for any purpose without restriction or compensation to you.

7. Content and Links

7.1 The Site may contain content supplied by third parties and links to Internet sites maintained by third parties. Twibes does not, in any respect, control such content or operate such third-party sites. Third party content and links are included solely for the convenience of Users, and do not constitute any endorsement by Twibes. Twibes is not responsible for the accuracy or reliability of third party information and you assume sole responsibility for the use of third party information.

7.2 You acknowledge that Twibes neither endorses the contents of your communications nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.

7.3 You acknowledge that Twibes does not pre-screen any content you place on the Site, but that Twibes and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates the Agreements or is otherwise objectionable.

8. Termination

Twibes may immediately suspend or terminate your registration at any time if you violate any provision of this Agreement or if Twibes is unable to verify or authenticate the information you provide. Also, if you are found to cheat the system, post inflamatory comments, or for any other reason we reserve the right to suspend or terminate your registration. Upon termination, you will cease to use the Site. You may terminate your registration by contacting Twibes at adam@twibes.com.

9. Software

9.1 Any software or files that are made available for download from the Site ("Software") are the copyrighted work of Twibes and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You must not install or use any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.

9.2 For any Software not accompanied by a License Agreement, the following shall constitute the License Agreement: Twibes hereby grants to you a personal, nontransferable license to use the Software for viewing and otherwise using the Site in accordance with these terms and conditions, and for no other purpose.

10. Disclaimer of Warranties

10.1 Twibes PROVIDES THE SITE, AND ALL RELATED SOFTWARE AND CONTENT, TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; ANY WARRANTY THAT THE SITE IS YEAR 2000 COMPLIANT OR OPERATES ERROR FREE OR WITHOUT INTERRUPTION; OR ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SITE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE REMAINS WITH YOU.

10.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

10.3 No advice or information, whether oral or written, obtained by you from Twibes or through the Site shall create any warranty not expressly made herein.

10.4 Twibes assumes no responsibility for the deletion or failure to store messages or other User information.

11. Limitation of Liability

11.1 Member agrees not to hold Twibes, other Users, or participants in Twibes' affiliate program ("Affiliates") liable for any advice or information that originated through the Site or otherwise provided by an Answerer

11.2 Twibes LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. Twibes WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS WHETHER Twibes HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. Twibes TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO Twibes BY YOU FOR USE OF THE SITE.

11.3 In the event that you have a dispute with one or more Users, you release Twibes (and our agents, affiliates, representatives, officers, directors, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code S1542, 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."

12. Indemnification

You agree to indemnify and hold harmless Twibes, its officers, directors, employees, agents, successors, and assigns from and against any suits, losses, claims, demands, liabilities, costs, and expenses (including attorney fees) that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by you, your customers, or by other third parties arising out of, directly or indirectly, your use of the Site or your breach of the Agreements.

13. Miscellaneous

13.1 Entire Agreement. The Agreements comprise the entire agreement between you and Twibes and supersede all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Twibes.

13.2 Severability. If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.

13.3 Limitations on Use of Site. Your right to the use the Site is not transferable and is subject to any limits established by Twibes or by your credit card company.

13.4 Force Majeure. Twibes will not be responsible for delays or failures in performing its obligations under the Agreements due to any cause beyond its reasonable control.

13.5 Waiver. The failure of Twibes to enforce or require enforcement of any provision of the Agreements will not constitute, or be construed to be, a waiver of the Agreement's provisions, nor will it affect Twibes' right to enforce all provisions of this Agreement.

13.6 Export. You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Site.

13.7 Governing Law, Venue, and Jurisdiction. The Agreements shall be governed by the laws of the State of Washington without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in King County, Washington.

14. Eligibility

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. You agree to supervise all usage by third parties of the Site under your name or account. You should always supervise User's children's use of the Internet.

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