(These Terms of Service are adopted from Akismet.com TOS, available under a Creative Commons Sharealike license.)
Terms of Service
- General. Twingly may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Search Engine, temporarily or permanently, at any time and without notice to you. Under no circumstances will Twingly be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
- Responsibility of Website Visitors. Twingly has not reviewed, and cannot review, all of the material posted to the Website and made available through the Search Engine and API, and cannot therefore be responsible for that material’s content, use or effects. By operating the Search Engine, Twingly does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Twingly disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Twingly does not have any control over those non-Twingly websites and webpages, and is not responsible for their contents or their use. By linking to a non-Twingly website or webpage, Twingly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Twingly disclaims any responsibility for any harm resulting from your use of non-Twingly websites and webpages.
- Copyright Infringement and DMCA Policy. As Twingly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Twingly in accordance with Twingly’s Digital Millennium Copyright Act ("DMCA") Policy. Twingly will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Twingly or others, Twingly may, in its discretion, terminate or deny access to and use of the Website or Search Engine. In the case of such termination, Twingly will have no obligation to provide a refund of any amounts previously paid to Twingly.
- Trademarks. Twingly, Twingly AB, Twingly.com, the Twingly.com logo, and all other trademarks, icons, graphics and logos used in connection with the Website or the Widget are trademarks or registered trademarks of Twingly or Twingly’s licensors. Other trademarks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Twingly or third-party trademarks.
- Changes. The Website, Search Engine, and these Terms and Conditions may be changed at the sole discretion of Twingly and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Communications with Twingly. All notices and other communications to Twingly required under this Agreement should be directed to the Twingly contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing.
- Limitation of warranties of Twingly, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Search Engine are provided “as is”, and Twingly, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Twingly makes no representations and warranties regarding uptime for the Search Engine and the accuracy of the Search Engine in identifying spam or non-spam. You understand and agree that you download from, or otherwise obtain content or Search Engines through, the Website at your own discretion and risk, and that Twingly, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or Search Engines. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of Twingly, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Twingly, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Search Engine, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Twingly, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Twingly, its suppliers and its licensors arising out of or related to use of the Website and Search Engine, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Twingly during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section 11 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless Twingly, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Search Engine, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- Termination. Twingly may terminate this Agreement, your rights under this Agreement, and your access to and use of the Website and Search Engine in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Search Engine and this Website and to use your API Key. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Twingly.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
- Miscellaneous. These Terms and Conditions constitute the entire agreement between Twingly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Twingly, or by the posting by Twingly of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Twingly may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.