A. GENERAL TERMS
2. File Hosting Service Terms
3. Sales Terms
4. License Agreement
5. Copyright And Limited License
The Site and all Photos, text, video, code and other content and materials on the Site and the selection and arrangement thereof (collectively, the "Site Materials") are the property of TwitC or its licensors or users and are protected by United States and international copyright laws.
- the collection, copying or distribution of any portion of the Site or the Site Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Site or any of the Site Materials;
- modifying or otherwise making any derivative uses of the Site or any of the Site Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods;
- with the exception of your own photos, or others' photos available for download, the downloading of any portion of the Site, the Site Materials or any information contained therein; or
- any use of the Site or the Site Materials other than for their intended purposes.
Any use of the Site or of any Site Materials other than as specifically authorized herein, without the express prior written permission of TwitC or the Content Owner, is strictly prohibited and will terminate and constitute a breach of the license granted herein.
6. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, TwitC has adopted a policy of terminating, in appropriate circumstances and at TwitC's sole discretion, account holders who are deemed to be repeat copyright infringers. TwitC may also, at its sole discretion, limit access to the Site and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
|Designated Agent:||Mary Brown|
|Address of Designated Agent:||3888 W Sahara Ave Suite 81|
Las Vegas, NV 89102
|E-mail Address of Designated Agent available upon request|
"TwitC", the TwitC logo, Twitc, the Twitc.com logo, the look and feel of the Site, and any other Product or Service names, logos or slogans of TwitC contained in the Site are trademarks of TwitC (collectively, the "TwitC Marks") and may not be copied, imitated or used without the prior written permission of TwitC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You may create a text hyperlink to the Site, provided such link does not portray TwitC or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner This limited right may be revoked by TwitC at any time. Further, you may not ,frame the Site without TwitC's express written consent.
TwitC makes no representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. TwitC provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern.
10. Third Party Content
TwitC may host third party content on the Site ("Third Party Content") solely as a convenience to its users. Such inclusion does not imply affiliation, endorsement, approval, or control by TwitC of any Third Party Content. TwitC makes no claim or representation regarding, and accepts no responsibility for, such Third Party Content or for the quality, accuracy, nature, ownership or reliability thereof. Users use such Third Party Content at their own risk.
11. "Twitc Pro" Account
12. Advertisements And Promotions; Third Party Products and Services;
TwitC subscribers (on their own sites) or TwitC (on public areas of the Site) may run advertisements and promotions from third parties on the Site or facilitate the sale of certain products or services by third parties through the Site. Your business dealings or interactions with such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and TwitC does not endorse, approve, or control any such products, services, advertising or promotions. TwitC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party products and services on the Site.
13. User Content
The Site includes media hosting and storage services, discussion forums or other interactive areas in which you or other users may post or transmit Photos, text, music, messages, information or other content or materials ("User Content"). You are solely responsible for the User Content you post or transmit and you agree not to post, transmit or otherwise publish through the Site any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation photographs or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of TwitC, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Site, or which may expose TwitC or its users to any harm or liability of any nature.
Although TwitC has no obligation to screen, edit or monitor any of the User Content posted on the Site, TwitC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
You retain the copyright in any User Content you post on the Site. TwitC neither has nor wants any ownership of your Content. However, by uploading and/or posting any User Content to the Site, you grant TwitC a perpetual, nonexclusive and royalty-free right to use the User Content and the name that is submitted in connection with such User Content, as is reasonably necessary to display the User Content, provide the Services and to facilitate, at Content Owner's direction, the license of Photos or the sale of Products on the Site.
You understand and acknowledge that any User Content contained in public postings, including any galleries that are not designated as unlisted, will be accessible to the public and could be accessed, indexed, archived, linked to and republished by others including, without limitation, appearing on other web sites and in search engine results. Therefore, you should be careful about the nature of the User Content you post. TwitC will not be responsible or liable for any third party access to or use of the User Content you post. Twitc.com provides many security options and settingsfor your content and you should read and understand them all.
14. Your Account.
Certain activities on the Site require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering, you represent and warrant that you are over 18 and that all information you provide in the registration form ("Registration Data") is complete and accurate. TwitC reserves the right to refuse service to anyone at any time, with or without cause in its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as TwitC may send important notices about your account or the Services to that email account.
15. Account Security
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the Site. You agree to accept responsibility for all activities that occur under your account or from your computer. We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party "hackers" from illegally accessing the Site or its contents. You agree to immediately notify TwitC of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to TwitC.
16. DISCLAIMER OF WARRANTIES
THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TwitC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, THE PRODUCTS AND THE SERVICES.
TwitC DOES NOT REPRESENT OR WARRANT THAT THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM TwitC OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TwitC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. TwitC ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SITE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREON.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL TwitC OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM TwitC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TwitC'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TwitC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TwitC FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
19. Applicable Law
B. ADDITIONAL TERMS APPLICABLE TO HOSTING SERVICES ("HOSTING SERVICE TERMS")
The Hosting Services will only be available to users (a) who register for a free trial (when available) or for a subscription to the Hosting Services ("Subscription") and (b) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription you select (the "Subscription Plan"). TwitC currently accepts VISA, MasterCard, Discover and American Express credit cards. The various Subscription Plans TwitC offers and the services, features and Subscription Fees applicable to such Subscription are available on the Site. By subscribing, you agree to pay all applicable Subscription Fees and other charges in accordance with the particular Subscription Plan you select. Please note that the foregoing does not apply to the termination of your account in accordance with Section B.4 below.
When you first register with TwitC, TwitC enables you to use the Hosting Services without charge for a 14 day period (a "Free Trial"). You do not need to provide TwitC with a credit card or any other form of payment when you first register. If you are not completely satisfied, your account will automatically terminate at the end of the Free Trial. If, at the end of the Free Trial period, you decide to continue to use the TwitC Hosting Services, then you will need to provide TwitC with a credit card, and we will charge your credit card for the Subscription Fee applicable to the Subscription Plan selected by you. Your Subscription period will begin at the end of the Free Trial period.
The Hosting Services are intended to be used by TwitC account holders for limited distribution of photos and, for Power and Pro accounts, videos as well. The Hosting Services are not intended for broad commercial use by commercial sites and services (e.g., CNN or other similar news or broadcasting site), and TwitC, in its sole discretion, reserves the right to limit, suspend or terminate your use of the Hosting Services if TwitC determines your use of the Hosting Services is a misuse of the Hosting Services.
2. Term and Upgrades
All Subscriptions are provided for a one (1) year term, WHICH TERM WILL AUTOMATICALLY RENEW EACH YEAR FOR AN ADDITIONAL ONE (1) YEAR TERM UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELLED BY YOU OR TwitC PRIOR TO THE END OF SUCH ANNUAL TERM IN ACCORDANCE WITH SECTION B.4 BELOW. Upon such renewal, the credit card designated on your account will be billed the applicable Subscription Fee then in effect at the time of renewal. If you notify TwitC (via the Control Panel accessible from your TwitC homepage) that you wish to upgrade to a higher subscription level, then the credit card designated on your account will be billed for the difference in price, prorated for the remainder of your term.
3. Interruptions or Discontinuation of Hosting Services; Changes to Hosting Services and Terms of Service.
TwitC reserves the right at any time, in its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Hosting Services, or portions thereof; and the Subscriptions and Subscription Plans, including making changes to any policies, features and terms applicable thereto. If the Hosting Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by TwitC, your Subscription will terminate, and we will have no further liability to you. In addition, there may be occasions when the Hosting Services are interrupted such as for maintenance, upgrades, system or equipment failure or otherwise. TwitC WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE HOSTING SERVICES FOR ANY REASON, OR FOR ANY LOSS OF OR INABILITY TO ACCESS ANY PHOTOS OR OTHER MEDIA OR MATERIALS STORED ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR MAKING AND SAFEKEEPING, BACKUP COPIES OF PHOTOS OR OTHER MEDIA OR MATERIALS YOU POST TO THE SITE.
4. Termination of Services.
You may request termination of a Subscription at any time by canceling your account by sending an email to us at LushTech.com that provides clear written notice of such request, including the "nickname" you provided to TwitC at the time you ordered your Subscription. When TwitC receives your termination request, TwitC will terminate your Subscription if it has the necessary information to do so. TwitC will notify you of termination via email. TwitC may request additional information from you prior to terminating your Subscription(s). A Subscription is not terminated in this manner until you receive confirmation of termination from TwitC.
All Subscription Fees are nonrefundable, and upon termination, cancellation or discontinuation of a Subscription for any reason, you will not receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription. Upon termination, any User Content you have stored on the Site may no longer be retrieved, so you should make a backup copy of any such User Content on a regular basis and before terminating your account.
You may change your email or the credit card information for your account by using the Control Panel or by Contacting Us that provides clear written notice of the requested change, including the "nickname" currently associated with your TwitC Subscription. If the credit card designated on your account is invalid and cannot be billed for the renewal Subscription Fee, then TwitC may terminate your account for nonpayment. If TwitC does not have a current, working email address, then you may not receive important notices from us regarding your account, which may include notices regarding termination. If your account is terminated and TwitC cannot reach you due to an invalid email address or for any other reason, then TwitC will (subject to Section B.4) endeavor to retain your User Content on the Site for at least 30 days after termination. However, TwitC cannot guarantee that your User Content will remain on the Site after termination or that you will receive notice of such termination, so you should make a backup copy of any such User Content on a regular basis.
5. Use of User Information.
C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")
1. Pricing; Payment Terms
All prices are listed in U.S. dollars and are valid until altered by us. TwitC currently accepts PayPal, VISA, MasterCard, Discover and American Express credit cards. Credit cards are processed through Authorize.Net. TwitC reserves the right to change the payment methods it accepts at any time without notice. If we are unable to process a payment using your credit card on file, we may, but are under no obligation to, call you using your telephone number on file to ask whether you wish to use an alternative form of payment. We may terminate your Subscription or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your credit card payment and you do not provide an alternative form of payment. You agree to reimburse TwitC for any and all costs incurred in collecting amounts owed by you to TwitC, including, without limitation, attorneys' fees and costs of collection agencies.
2. Shipping Terms and Policies
We endeavor to ship all orders for prints within 1-2 business days. However, orders for merchandise Products, or orders that contain a mixture of finishes and products, may take longer to ship, depending on the items. The estimated delivery time applicable to various methods of shipping are available on the Site at the time you place your order. TwitC is not responsible for any delays in shipping. Our standard business hours are Monday through Friday 8 a.m. to 5 p.m. Pacific Time. Orders placed after hours or on holidays will be counted as being placed the next business day. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are the responsibility of the customer and are listed on the Site. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. However, the shipping charge shown during the checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from TwitC to you upon shipment. If for some reason an item in your order is temporarily out of stock, we may hold your order until it is complete.
3. Return Policy
TwitC unconditionally guarantees your satisfaction. If you are unsatisfied with any Photos or other Products you purchase from TwitC, we will gladly accept the return of any Product you have ordered from us for any reason within thirty (30) days of receipt and reprint the Product or refund the purchase price. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. However, we will generally not refund your original shipping cost unless your order is defective in some manner. Contacting TwitC regarding the replacement or refund of any merchandise purchase. Please do not contact your credit card company to dispute a charge before contacting TwitC.
4. Product Availability and Pricing
TwitC may revise or discontinue Products at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
5. Product Descriptions; Pricing; Errors
TwitC attempts to be as accurate as possible and eliminate errors on this Site. However, we do not warrant that Product descriptions, Photos, pricing or other Material on the Site is accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. If a Product offered by TwitC is not as described or pictured, your sole remedy is to return it in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether on the Site, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND TwitC'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS FROM THE SITE, AND TwitC EXPRESSLY DISCLAIMS AND EXCLUDED ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
D. ADDITIONAL TERMS OF SALE
Users with a TwitC Professional account may license digital version of his or her Photos.
1. Rights Granted by Content Owner
By uploading or posting Photos to be licensed to Site users using TwitC's shopping cart, the Content Owner hereby grants to TwitC the right to facilitate the licensing by Content Owner of Photos posted on TwitC to a licensee according to the licensing designation (a Commercial Use License or Personal Use License) identified by the Content Owner upon submission of the Photos. The Content Owner can designate the applicable license, set the license fees and check sales reports by selecting the Pro Sales option from the tools menu at the top of the Site when logged in.
2. Content Owner Responsibilities
Content Owner is responsible for all Photos posted to the Site including without limitation the:
- designation of and update of Photo license type (either personal or commercial) through the pro pricing tool the removal, if necessary, of Photos from the Site.
3. Media Submission and Licensing
Photos submissions to the Site may be rejected or removed at any time for any reason or for no reason in TwitC's sole discretion.
Photos designated for commercial license should be free from any distinguishable third party names, trademarks, logos, copyright designs, works of art, architecture, or any other depictions requiring additional rights. Content Owner understands and agrees that all Photos are licensed directly by the Content Owner to the licensee and the license type and the license fees for Photos within the Site will be chosen by Content Owner. TwitC merely facilitates and enables such license and is not responsible for the Photos.
So long as Content Owner has agreed to make the Photos available through the Site there will not be any restraint on the licensing of Content through the Site to any Site users to the fullest extent possible, according to the type of license provided by the Content Owner.
4. Representations and Warranties of Content Owner
Content Owner represents and warrants to TwitC that:
- Content Owner owns (or has legal right to represent and license) all copyright and other rights, title and interest in and to all Photos submitted to the Site and has the right to grant all licenses granted herein without violating the rights of any third party;
- all information provided to TwitC through the Site or by any all other means concerning all Photos, to the best of its knowledge, is true and accurate; and
- all Photos on the Site submitted by Content Owner have all necessary releases and permissions required to grant the licenses granted under the applicable license, including without limitation valid Model Releases and Property Releases for Photos depicting recognizable people (living or dead) and private properties, and all written permission regarding all distinguishable trademarks.
"Commercial Use License" means a licensing type in which the licensee is entitled to use the Photos subject to the commercial use license.
"Model Release" means a written release signed by or on behalf of any living person or the estate of a deceased person who is depicted in whole or in part in any Photos.
"Personal Use License" means a licensing type in which the licensee is entitled to use the Photos subject to the personal use license.
"Property Release" means a written release from the owner and/or occupier of any property that is depicted in whole or in part in any Photos.
Notice for Professional Account holders: Uploading more than 500 photographs of participants in a single sporting event may require a License from TwitC, Inc. To avoid patent infringement, please contact:
3888 W Sahara Ave, Suite 81
Las Vegas, Nevada 89102