Term & Conditions

Qwitter respects and protects the privacy of our customers and those who use our website and our email digests. The following Privacy Statement provides details about how your personal information is collected and used. This privacy statement applies to but not limitied to the Qwitter website, products and services that are located within, and the Qwitter newsletter.

Acceptance of Terms of Service

Welcome to useqwitter.com (the “Site”), which is owned and operated by The Next Web Holding B.V. (“Qwitter”). Qwitter is a service based site which upon a new member’s “signing up” for the service provides the following collectively referred to as “service”:

Electronic messaging and aggregation of publicly accessible data from Twitter (Qwitter operates within Twitter’s TOS using Twitter’s API.) and
Delivery of singular and aggregated messages in the form of e-mail notifications;

Use of the Service is subject to the following Terms of Service (“TOS”), which may be revised at any time by Qwitter with or without notice. Any revisions of the TOS shall be effective upon posting to the Site. Continued use of one or more of the Services constitutes binding acceptance of any changes to these TOS.
The most current version of these TOS is always available at useqwitter.com Unless explicitly stated otherwise herein, any new features that augment or enhance the current Services are subject to these TOS. Qwitter may also offer products or functionality other than the Services. These TOS may or may not apply to such other matters as may be indicated on the Site or otherwise.
For purposes of these TOS, the following terms shall apply:

“Notifications” or “Message” shall mean any electronic message that is transmitted or attempted to be transmitted via the Services. The defined term “Notification” or “Message” shall also include content sent or received via the Services;
“Member” shall mean any entity that receives or is intended to receive a Notification that is transmitted or attempted to be transmitted via the Services
“Twitter” is a social networking and microblogging service
A “Tweeter” or a “Tweep” is a user of “Twitter”; and
A “Tweet” is a text-based post of up to 140 characters posted on a “Twitter User’s” profile or sent as a direct message between members of Twitter.

The receiving of Notifications via one or more of the Services evidences complete and unqualified acceptance of these TOS, which creates a binding contract respecting use of the Services.

Qwitter reserves the right to modify, revise, suspend or discontinue the Services in whole or in part, either temporarily or permanently, with or without notice and Qwitter is not obligated to support or update the Services in any manner. Qwitter shall have no liability to anyone if it exercises its unfettered right to modify, revise, suspend or discontinue the Services at its sole discretion.Access to and use of the Services are at the sole discretion of Qwitter, and the rights granted herein constitute a limited, non-exclusive license to access and use the Services per these TOS. This license may be suspended, revoked or terminated by Qwitter either temporarily or permanently at any time with or without notice.

Notification or Message Content, Service Conditions, SPAM & Bulk E-mail

The Qwitter Services permit members to receive Notifications to a single e-mail account from Qwitter based on the e-mail and/or social networking account addresses, usernames, and/or passwords of the Member that are registered through Qwitter.

All Qwitter members understand and accept that:

Qwitter is solely dependent on retrieving information from Twitter via the API that it makes available to its independent developers.
If the Twitter API is operating slow, is down or is not functioning properly in any way, this will affect the speed, accuracy and availability of the various Qwitter functions including but not limited to the timely delivery of notifications and updated account and profile information.
Although we strive to offer the highest level of service, Qwitter does not guarantee the accuracy of the information reported nor does Qwitter guarantee the notification delivery times. Qwitter member also understands that some notifications will not be delivered.
Member’s email account is controlled and operated by a third party and Qwitter makes no guarantee that a members email client will receive or accept the email notifications once sent by Qwitter.
From time to time the Qwitter site will be down for routine and special maintenance. During these times, no notifications will be sent.

The content of Notifications does not reflect the opinions of Qwitter and Qwitter neither represents nor endorses the legality, accuracy, timeliness, quality or reliability of any advice, opinion, statement, information or other matter displayed or transmitted via the Services by Members, advertisers or other third parties. Any reliance upon any such information is entirely at the Member’s sole risk.

Qwitter assumes no responsibility or liability of any nature whatsoever for:

the content of any Notifications or Messages; or
the accuracy of any Notifications or Messages; or
any decisions, indecisions, activities, actions, inactions or events that may result or take place as a consequence of any Notifications or Message transmitted or failed to be transmitted via the Services.

Members agree that all content transmitted via the Services is the sole responsibility of the person from which such content originated, and as a result, Members (and not Qwitter) are solely responsible for all content that Members transmit or attempt to transmit via the Services.

Members understand that by using the Services, Members could be exposed to content in Notifications that Members might consider to be offensive or objectionable. Under no circumstances is Qwitter liable in any way for the content of any Notifications.

Qwitter does not monitor, review or control the content of the Notification and has no obligation to do so, but reserves the right to do so at any time with or without notice to Members.

Qwitter may edit, remove altogether or refuse to send or deliver all or part of any Notification, which at Qwitter’s sole discretion, is or could be in violation of these TOS, any email service providers’ policies, or any applicable law.

Additionally, Qwitter reserves the right, at its sole discretion, to:

add promotional messages and/or notices about the Services, the Site or related matters in all or some of the Notifications; and
unilaterally issue “return-receipt,” “confirmation of receipt” or similar notifications to Members of Notifications or Messages, which confirm delivery of a Notification or Message and/or alert the Sender to existing, new or up-coming features of the Services, unless Members have opted-out or unsubscribe from receiving such content. For more information regarding opt-out options, please see Qwitter’s full Privacy Policy.

In no event whatsoever may a Member use the Services to:

Restrict or inhibit any other Member from using and enjoying the Services;
Transmit any content constituting or resembling spam, junk mail, chain letters, bulk e-mail, pyramid schemes or other such solicitations;
Transmit any content that contains advertising, or promotional or marketing materials without the prior written permission of Qwitter;
Transmit any content that is or could be considered unlawful, threatening, harassing, hateful, racist, abusive, libelous, defamatory, pornographic, obscene, profane, vulgar, racially or ethnically offensive, morally objectionable, indecent or otherwise inappropriate, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any content that violates or infringes upon the legal rights of others, including but not limited to content that is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary rights without first obtaining written permission from the owner or rights holder;
Transmit any content that is harmful or could be harmful to minors;
Transmit any content in an attempt to “stalk” another person;
Transmit any content that contains a bug, worm, virus or other computer code or programming that could harm, interrupt, destroy or limit the functionality of any network, server, computer software or hardware, or telecommunications equipment;
Transmit any content by which Members are: (I) impersonating another person or entity; (II) misrepresenting affiliation or relationship with another person or entity; or (III) manipulating identifiers in order to disguise the origin of any Notifications transmitted through the Services;
Transmit any content that Members do not have a right to make available under any law or under contractual or fiduciary relationships (such as but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
Transmit any content that intentionally or unintentionally violates or could violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and the United States State Department.

To the extent permitted by applicable law, Members acknowledge and agree that Qwitter may, at its sole discretion, make and preserve copies of any and all Notifications or for internal back-up and other legal or business purposes.

Qwitter may publicly disclose the identity or other information of any Member violating these TOS and/or disclose the content of any Notifications or Messages sent via the Services, when Qwitter believes in good faith that such disclosure is required by law or is necessary to protect the rights or property of Qwitter, its partners, employees, investors, advertisers, other Members or third parties.

Members understand that delivery of Notifications via the Services may involve transmissions over various networks, and that the Notifications could be reformatted or otherwise revised to conform to the formatting or technical requirements of such networks. Members further understand and agree that Notifications exceeding maximum character limitations may be truncated, abbreviated, reduced or otherwise abruptly cut short.

Members agree that Qwitter, at its sole discretion, may establish general practices and limits concerning use of the Services, including without limitation the maximum number of Notifications that may sent or received by a Member and/or the maximum size of any Notifications that may transmitted via the Services.

Members agree that Qwitter has no responsibility or liability whatsoever for the failure to transmit any Notification via the Services, and accordingly, Qwitter does not guarantee that a Notification will be delivered as intended or desired by a Member.

More specifically, but without limitation, the Service is not intended for trading or investing purposes, nor for life-saving or other vitally important correspondence, and Qwitter shall not be responsible or liable for any decisions, indecisions, actions or inactions taken by Members based on such information or the failure of delivery of any information.

Any complaints concerning the content of any Notifications or Messages delivered via the Services should be sent directly via e-mail to Qwitter at [email protected] Qwitter does not authorize the use of its network to accept, transmit or distribute unsolicited bulk e-mail sent from the Internet to Members. In addition, Internet e-mail sent or attempted to be sent through Qwitter’s network that contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing will be deemed to be counterfeit. Any attempt to send or cause such counterfeit e-mail to be sent via Qwitter’s network is unauthorized. Similarly, any Notification that is relayed from any third party’s mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the Notification, is also an unauthorized use of Qwitter’s network. Qwitter reserves the right without notice to take all measures of any nature (whether legal, mechanical or otherwise) to prevent unsolicited bulk e-mail and/or other unauthorized e-mail from entering, utilizing or remaining within Qwitter’s network. Nothing in this policy is intended to grant any right to transmit or send Notifications to, or through, Qwitter’s network except as may be otherwise stated in these TOS. Qwitter’s failure to enforce this policy in any instance in which it might have application does not amount to a waiver of Qwitter’s rights. Unauthorized use of Qwitter’s network related to the transmission or attempted transmission of unsolicited bulk e-mail or counterfeit e-mail may result in civil and criminal penalties against the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.). Civil and criminal penalties may also apply to Notifications or Messages transmitted to Qwitter’s network in violation of the CAN-SPAM Act of 2003, as may be subsequently amended.

Qwitter does not authorize the use of its network to gain unauthorized access, directly or indirectly, to Qwitter’s computer systems or a third party’s computer systems.

Qwitter does not authorize the use of its network to interfere with another Member’s use or enjoyment of the Site or its Services.

Usage Fees

Currently, there is no charge for Members that sign up for Qwitter’s basic service. Members understand and acknowledge that Qwitter’s Premium Membership is a fee based service.

Notwithstanding the above, Qwitter reserves the right at any time to charge or increase fees for access to and/or use of all or any portion of any of the Services, including elimination of the Basic Services altogether.

If Qwitter elects to implement or increase charges for using all or a portion of the Services, it shall post the change notice on the Site or otherwise notify Members prior to or contemporaneously with initiating such charges (or thereafter making any changes to the charges). Once the “price change notice” is issued each member will receive a notification via email (or at login for Premium Members) stating that they need to accept the new fee change or new fee implementation. If the member chooses to accept the fee changes then the Qwitter service will continue uninterrupted. If the member refuses the price change then the membership will be canceled at the deadline given in the change notice or, in the case of premium members, on the last day through which their current membership was paid.

Qwitter reserves the right to require that all subscription fees are payable to Qwitter in advance. Qwitter further reserves the right to bill your credit card for renewal subscription fees according to how you set up your subscription to renew, e.g. monthly, quarterly, annually, etc.

Qwitter does not store your credit card information in any Qwitter database. All credit card charges for Qwitter subscription based services are processed by www.Authorize.net. Authorize.net is owned by CyberSouce Solutions (Nasdaq: CYBS) and provides secure (SSL) payment gateway solutions that enable merchants (such as Qwitter) to provide its customers (Qwitter members) the most secure credit card storage and transactions. Visit www.authorize.net for more information.

Absent a written agreement between you and Qwitter stating otherwise, Members may request to cancel the Services or any part thereof, at anytime by clicking the Unsubscribe tag on the site menu on useqwitter.com or by going to useqwitter.com/unsubscibe. When you unsubscribe you understand that:

Qwitter will effectuate such requests at its earliest opportunity; and
If you are a premium member your service will continue to be available to you for the amount of time left on your prepaid subscription; and
No refunds or other compensation shall be issued to Premium Members upon any such cancellation

If Qwitter employs the services of an attorney or collection agency to enforce Member payment obligations, Members agree to reimburse Qwitter for such expenses. Qwitter will exercise reasonable efforts to enable activate accounts within approximately three (3) business days from the date of payment of initial invoice. Requests to upgrade, downgrade, or customize the Services to be received may be made at anytime, however, the requested changes will be made effective within approximately three (3) business days from the date of Qwitter’s acceptance of the request. Absent a written agreement between you and Qwitter stating otherwise, Members may request to cancel the Services or any part thereof, at anytime upon written notice to Qwitter, provided, however, that:

Qwitter will effectuate such requests at its earliest opportunity; and
no refunds or other compensation shall be issued to Members upon any such cancellation.

Registration & Privacy

You must register for a membership in order to access the Services. When completing the registration form, you represent and warrant that you will provide true, accurate, and complete information and that you will maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Qwitter has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Qwitter has the right to suspend or terminate your membership and access to the Service without any liability to you.

You will not receive a login name and a password upon completing the registration process. To enlist in the Services you are required to provide your “Twitter” username and a valid email account to which you authorizing your notifications to be sent to you. You are responsible for maintaining the confidentiality of your login name and, when applicable, any password. You are responsible for all activities that occur with your login name and, when applicable, password, including fees incurred and all purchases made by your membership on the Service. You will immediately notify Qwitter of any unauthorized use of your membership or any other breach of security

Any personal data about Members acquired by Qwitter as part of any registration process is subject to Qwitter’s Privacy Policy. For more information on this topic, please see Qwitter’s full privacy policy.

You must be 13 years of age or older to register as a Member. By registering as a Member, you represent and warrant that you are 13 years of age or older.

Communication Between Qwitter and Members

Qwitter reserves the right to send Notifications to any and all Members to inform them of

changes or additions to the Services,
changes to the Statement of Rates,
changes to the Site or these TOS;
new or existing products or services to be offered by Qwitter;
violations of these TOS;
cancellation, suspension, termination or other action respecting their privilege to access and use the Services; or
any other matter related to the Services, the Site or these TOS.

Nothing in this provision shall require or obligate Qwitter to send such notice if no notice is required or mandated elsewhere in these TOS.

Access To The Services & Technical Support

In order to retrieve a Notification via the Services, Members must have access to a valid e-mail and “Twitter” account. Members are solely responsible for paying any third-party fees associated with such third-party networks.

Members agree that the ability to initiate Notifications, or to receive and reply to Notifications sent via the Services, may be subject to subscriber terms of use, contracts, capacity charges and/or other expenses established and enforced by a Member’s email service provider, ISP, employer or other applicable service provider, all of which are the sole responsibility of Members. Member represents that use of the services will not violate any rules, restrictions policies, or requirements of Member’s email service provider, ISP, employer, or other applicable service provider. MEMBERS ARE STRONGLY ADVISED TO CHECK THEIR SERVICE AGREEMENTS WITH THEIR RESPECTIVE E-MAIL AND/OR SOCIAL NETWORKING PROVIDERS TO FULLY UNDERSTAND THE NATURE AND SCOPE OF ANY AND ALL FEES OR CHARGES RELATED TO THE RECEIPT AND SENDING OF ELECTRONIC NOTIFICATIONS OR MESSAGES. ADDITIONALY, MEMBERS ARE STRONGLY ADVISED TO CHECK THEIR EMPLOYER’S POLICIES WITH RESPECT TO INFORMATION TECHNOLOGY AND SECURITY PROTOCOLS TO FULLY UNDERSTAND THE POTENTIAL CONSEQUENCES RELATED TO THE RECEIPT AND SENDING OF ELECTRONIC MESSAGES THROUGH Qwitter OR THE SERVICES.

Qwitter currently provides complementary technical support to Members of the Services via e-mail during normal business hours (Central Standard Time), excluding Federal and Texas holidays. Qwitter reserves the right, without notice, to change the times and manner of its technical support, in addition to charging fees for any and all such support.

Third Party Links

The Site and Notifications or Messages may contain links and/or pointers to websites or Internet resources maintained by others, including but not limited to advertisers and partners of Qwitter (the “Third Party Sites”).

Members acknowledge and agree that Qwitter has not reviewed and does not monitor or endorse the Third Party Sites that are linked to or made available through the Services or the Site, and Qwitter is not responsible for the quality, content, availability or any other aspect of such Third Party Sites, including but not limited to any goods, products or services offered at or by these Third Party Sites.

Members further acknowledge and agree that Qwitter is not responsible or liable, directly or indirectly, for any actual or alleged damage or loss in connection with use of (or reliance on) any information, goods, products, services or other matter that is available on or through any of the Third Party Sites. Members agree that any problems experienced regarding any Third Party Sites shall be addressed to the site administrator or webmaster of the applicable Third Party Sites, and not to Qwitter.

Representations & Warranties

Each Member represents and warrants that:

the Member is at least 13 years old, and if not, the Member has the express permission of a parent or guardian to use the Services; and
Member will not use the Services in violation of these TOS.

Qwitter reserves the right to deny, suspend or terminate access to or use of the Services (without prior notice) if Qwitter, at its sole discretion, believes that a Member is or could be:

under the age of 13;
under the age of 13 and does not have his or her parent’s or guardian’s permission to use the Services; or
using or intending to use the Services in violation of these TOS or in violation of any applicable law.

Indemnity

Members agree to indemnify, defend and hold harmless The Next Web Holding B.V. and its related companies (including without limitation their officers, directors, employees, consultants, shareholders, agents, service providers, affiliates, co-branders, partners, vendors, professional advisors, customers, licensors and licensees) from and against any and all claims, suits, liabilities, damages, demands and/or costs of any type and nature (whether actual or alleged, known or unknown, suspected or unsuspected, or disclosed or undisclosed), including without limitation reasonable attorneys’ fees and court costs, arising from or in any way related to:

any failure of Qwitter or the Services to operate in the manner in which Members expect it to;
any failure of Qwitter or the Services to identify or eliminate any or all potentially criminal or inappropriate Notifications or Message data;
any actual or alleged infringement by Members of their employer’s policies;
any actual or alleged breach by Members of these TOS or the foregoing representations or warranties;
any actual or alleged violation by Members of any applicable law;
any actual or alleged infringement by Members upon the legal rights of Qwitter, any Member or any third party;
any content Members transmit or attempt to transmit through the Services; and
Member’s use of the Services in any manner.

BARRED FOREVER.

DISCLAIMER OF WARRANTIES

MEMBERS EXPRESSLY AGREE THAT USE OF THE SERVICES IS ENTIRELY AT THE MEMBER’S SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEMBERS ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES IN COMPLIANCE WITH THE LICENSE AND/OR TERMS AND CONDITIONS OF SERVICE AS MANDATED BY THEIR RESPECTIVE E-MAIL AND/OR SOCIAL NETWORKING PROVIDERS, AND Qwitter SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR A MEMBER’S BREACH OF SUCH THIRD PARTY LICENSES, TERMS AND/OR CONDITIONS ARISING FROM USE OF THE SERVICES OR OTHERWISE.

Qwitter EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE. Qwitter MAKES NO WARRANTY THAT:

THE SERVICES WILL NOT INFRINGE OR VIOLATE POLICIES IN PLACE BY ANY EMPLOYER OF THE MEMBERS;
THE SERVICES WILL IDENTIFY OR ELIMINATE ANY OR ALL POTENTIALLY CRIMINAL OR INAPPROPRIATE NOTIFICATIONS OR MESSAGE DATA;
THE SERVICES WILL MEET A MEMBER’S REQUIREMENTS;
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE INFORMATION TRANSMITTED VIA THE SERVICES IS ACCURATE OR RELIABLE; OR
ANY ERRORS IN THE UNDERLYING SOFTWARE OR OTHER COMPONENTS OF THE SERVICES WILL BE CORRECTED.

ALL MATTERS OBTAINED BY MEMBERS VIA THE SERVICES IS DONE AT A MEMBER’S OWN DISCRETION AND RISK, AND MEMBERS ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A MEMBER’S COMPUTER SYSTEM (OR OTHER HARDWARE) OR LOSS OF DATA THAT MAY RESULT FROM USE OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Qwitter OR FROM THE SERVICES OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY STATED IN THESE TOS.

Qwitter MAKES NO WARRANTY WHATSOEVER REGARDING ANY GOODS, PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, THE SITE OR THE THIRD PARTY SITES. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Qwitter IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH HEREIN.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER SHALL Qwitter (OR ANY OTHER ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES) BE LIABLE TO MEMBERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, EVEN IF Qwitter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER BASED ON CONTRACT WARRANTY, NEGLIGENCE OR OTHER TORT, OR THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE), RESULTING IN WHOLE OR IN PART FROM:

ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES
RELIANCE ON THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OPERATION OR AVAILABILITY OF THE SERVICES;
FAULTS, MISTAKES, OMISSIONS OR DEFECTS IN THE SERVICES, OR DELAY, INTERRUPTION OR TERMINATION OF THE SERVICES;
THE CONTENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR LACK THEREOF OF ANY NOTIFICATIONS;
ANY LOSSES OR DAMAGES CAUSED DIRECTLY OR INDIRECTLY FROM ANY FAILURE OF Qwitter OR THE SERVICES TO OPERATE IN THE MANNER IN WHICH MEMBERS EXPECT IT TO;
ANY FAILURE OF Qwitter OR THE SERVICES TO IDENTIFY OR ELIMINATE ANY OR ALL POTENTIALLY CRIMINAL OR INAPPROPRIATE MESSAGE DATA;
ANY LOSSES OR DAMAGES CAUSED DIRECTLY OR INDIRECTLY FROM USE OF Qwitter OR THE SERVICES AS A RESULT OF ANY ACTUAL OR ALLEGED INFRINGEMENT BY MEMBERS OF THEIR EMPLOYER’S POLICIES;
ANY GOODS, PRODUCTS OR SERVICES BOUGHT OR OTHERWISE ACQUIRED AS A RESULT OF THE SERVICES, THE SITE OR THE THIRD PARTY SITES;
ANY DECISIONS, INDECISIONS, ACTIONS OR INACTIONS TAKEN BY MEMBERS OR THIRD PARTIES RESULTING FROM THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF A MEMBER’S NOTIFICATIONS OR MESSAGES;
ANY ALLEGATION AGAINST Qwitter BY A THIRD PARTY THAT THE SERVICES INFRINGE UPON THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INTELLECTUAL, PROPERTY, PERSONAL, PRIVACY, CONTRACTUAL OR OTHER LEGAL RIGHTS OF SUCH THIRD PARTY;
DISCLOSURE OF A MEMBER’S IDENTITY OR DISCLOSURE OF THE CONTENT OF A MEMBER’S S AS PERMITTED BY THESE TOS;
THE CONDUCT OF ANY MEMBER OF THE SERVICES; AND
ANY OTHER MATTERS RELATING TO THE SERVICES
Qwitter’S TOTAL AND AGGREGATE LIABILITY TO MEMBERS AND ALL THIRD PARTIES IN ANY AND ALL EVENTS IS LIMITED TO THE GREATER OF:
THE AMOUNT OF FEES A MEMBER HAS PAID TO Qwitter IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
ONE HUNDRED DOLLARS ($100).
ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO SUCH CLAIM OR BE BARRED FOREVER.

LIMITS ON EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO CERTAIN MEMBERS.

Member Remedy

If dissatisfied with any aspect of the Services, or with any of the terms or conditions of these TSO or other policies issued by Qwitter, a Member’s sole and exclusive remedy is to discontinue accessing and using the Services, even if such remedy is found to fail of its essential purpose.

Proprietary Rights of Qwitter

Members acknowledge and agree that the Site, the Services and any software, technology and identifying marks, name or logos used in connection therewith contain proprietary matter that is owned or controlled by Qwitter, and protected by applicable intellectual property and other laws. Members may not, without express prior written permission from Qwitter:

copy, redistribute or publicly display the Site or parts thereof; or
mirror the Site on any other webpages.

Use of the Services does not create a license or any other intellectual property or proprietary rights in Qwitter’s trademarks, trade names, service marks, logos, copyrights or patents, all of which shall remain the sole, perpetual and exclusive property of Qwitter.

Members acknowledge and agree that Qwitter is the exclusive property of The Next Web Holding B.V.

International Use

In recognition of the global nature of the Internet, Members agree to comply with all local rules where a Member resides regarding online activities and e-mail. More specifically, but without limitation, Members agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which a Member resides.

Copyright Infringement

If another Member transmits matter that infringes the copyrights or other intellectual property rights of a third party, Members are urged to contact Qwitter from the Contact Us or About pages so that Qwitter may initiate appropriate remedial action as may be warranted under the circumstances in accordance with Qwitter’s copyright infringement policy issued pursuant to the Digital Millennium Copyright Act, as may be subsequently amended. The above-referenced correspondence should include the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that allegedly has been infringed;
a description of where the allegedly infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Other Provisions

The Services are controlled and operated by The Next Web Holding B.V. from its offices within the Netherlands. The Next Web Holding B.V. makes no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so on their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations.

Correspondence concerning the Services or the Site should be sent to Qwitter via e-mail to [email protected]

These TOS are governed by the internal laws and judicial decisions of the State of Texas as applied to agreements entered into and to be performed entirely therein, thereby excluding its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these TOS. Any action to enforce these TOS shall be brought exclusively in the federal or state courts located in Amstedam, The Netherlands, and Members hereby agree to the personal jurisdiction of said courts for such purposes.

These TOS, as may be amended or revised from time to time, constitute the entire agreement between us and govern use of the Services and the Site, and supersede any prior oral, written, express or implied agreements between us respecting the Services or the Site. Members may be subject to other “Terms of Service” respecting use of or access to other services that may be made available by Qwitter in the future.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of the remaining provisions, and the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in said provision to the fullest extent possible.

All rights and remedies granted to Qwitter hereunder are cumulative and shall be in addition to any other rights or remedies that Qwitter may have at law or in equity. Qwitter shall not be deemed to have waived any of its respective rights under this Agreement unless the waiver is in writing and signed by Qwitter. Any delay by Qwitter in exercising any right hereunder shall not be a waiver of said right or of any other right, nor shall a waiver on one occasion operate as a waiver of such right or any other right on a future occasion.

Nothing contained in these TOS shall be deemed to constitute either party as the agent or representative of the other party, nor both parties as joint venturers or partners for any purpose.

Except as may be expressly stated otherwise in these TOS, there are no third party beneficiaries to these TOS.

The titles of the paragraphs of these TOS are for convenience only and have no legal or contractual effect.

Known or suspected violations of these TOS should be reported to Qwitter’s Customer Care Department from Qwitter’s Contact Us or About pages.

Qwitter reserves the right, in its sole discretion, to take action that it deems appropriate for violations of these TOS, including but not limited to terminating your access to the Site and/or the Services, filing of criminal charges against you, or initiating a civil action against you.