TweeterClubs.com Service Agreement

Service Agreement for TweeterClubs.com

BY LOGGING IN THROUGH THIS SITE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS SERVICE AGREEMENT ("AGREEMENT"). YOUR CONTINUED USE OF THE SERVICE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT LOG IN THROUGH THIS SITE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

DESCRIPTION OF SERVICE. This Agreement is a legal contract between You and The Real Time Matrix Corporation ("RTM") that governs your use of RTM's TweeterClubs.com service (the "Site").
REGISTRATION. To use the Service, You must provide certain information, including a user name, ("Registration Data").If you are using the Site, you must log in with a Twitter™ ID. You agree to provide accurate Registration Data and to update the Registration Data as necessary to keep it accurate. RTM will use the Registration Data in accordance with its privacy policy, which You can review at http://www.realtimematrix.com/ijam/privacy.html. You agree that You will not allow others to use Your user name, password and/or account and You are solely responsible for maintaining the confidentiality and security of Your account. You agree to notify RTM immediately of any unauthorized use of Your account. RTM shall not be responsible for any losses arising out of the unauthorized use of Your user name, password and/or account and You agree to indemnify and hold harmless RTM, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. By using the Service You represent and warrant that You are 13 years of age or older and that Your use of the Service shall not violate any applicable law or regulation. Your access to the Service may be deleted without warning, if it is found that You are misrepresenting Your age.
CONTENT. You represent and warrant that You will not post, through messages or other communications on the Service or Site any Prohibited Content. Prohibited Content includes content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "phishing" emails, "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
INDEMNITY. You agree to defend, indemnify and hold harmless RTM, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Service the Site or display of a Widget; (b) Your violation of any term of this Agreement; or (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive this Agreement.
WARRANTY DISCLAIMER. The Service is provided by RTM "AS IS" and without warranty of any kind. RTM hereby disclaims (to the maximum extent allowed by applicable law) all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, UNAUTHORIZED USE and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL RTM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICE OR THE WIDGET, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR THE WIDGET, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR WIDGET AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OR ACCESS TO A WIDGET, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR A WIDGET, (V) LOST PROFITS (VI) COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR WIDDGET. RTM'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER OR IF NONE PAID TO TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. RTM may terminate this Agreement immediately if You violate any provision of this Agreement. RTM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or Widget with or without notice to You, without any liability to You or to any third party. All sections shall survive termination of this Agreement.
INTERNATIONAL CONSIDERATIONS. The Service and Widgets are controlled and offered by RTM from its facilities in the United States of America. RTM makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
TRADEMARKS. The Real Time Matrix Corporation, RTM and their respective designs, trademarks and logos are trademarks of The Real Time Matrix Corporation. All other trademarks and/or service marks are the property of their respective owners.
AMENDMENTS TO AGREEMENT. RTM may from time to time modify this Agreement and post a copy of the amended Agreement. If You do not agree to (or cannot comply with) the Agreement as amended, Your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if You continue to use the Service after any amendments are posted.
MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties with respect to the use of the Service and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of the Agreement shall be in full force and effect. The failure of RTM to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit RTM's rights with respect to such breach or any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control) without RTM's consent and any action or conduct in violation of the foregoing shall be void and without effect. RTM expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Contra Costa County, California; You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.