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Terms & Conditions of Use

Please read these Terms & Conditions of use carefully. By accessing or using this web site, you agree to be bound by the Terms & Conditions described below.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Tweeterview.com ("Tweeterview"), located at Tweeterview.com (the "Site"), and the services, tools and features offered on the Site, including Tweeterviews available through the Site (collectively, "Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Tweeterview, or its subsidiaries or affiliates, for products, services, or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Tweeterview for violations of these Terms.

Tweeterview reserves the right to change or modify these Site Terms or any other policies or guidelines applicable to the Site at any time by posting the revised Site Terms or policies on the Site with the date of the last revision at the bottom. Any changes or modification will be effective immediately upon posting. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications, and you expressly waive any right to receive other notice of such changes. Therefore, you should review the Site Terms and applicable policies whenever you use the Site in order to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

If you have any question regarding the use of the Site, please refer first to the Frequently Asked Questions. All other questions or comments about the Site or its contents should be directed to support (at) Tweeterview.com.

Privacy Policy

Please refer to our Privacy Policy for information on how Tweeterview collects, uses and discloses personally identifiable information from its users.

Member Accounts, Passwords, And Security

You will create an account (including a user name and password) during the registration process. You are responsible for maintaining the confidentiality of the password and are responsible for all activities that occur under your account. You agree to (a) provide accurate, current, and complete information about you when registering your account and update that information as necessary, (b) maintain the security of your password and identification; (c) immediately notify Tweeterview of any unauthorized use of your password or account, or any other breach of security, and (d) ensure that you log out from your account at the end of each session. Tweeterview will not be liable for any loss or damage arising from your failure to comply with this section.

User Conduct and Content

The Site and the Services include Interactive Areas or services in which you or other users may create or post messages, materials, data, information, text, photos, video, graphics, code or other items, content or materials on the Site ("User Generated Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.

You agree not to:

Upload or post any User Generated Content that is harmful, unlawful, fraudulent, threatening, abusive, inflammatory, harassing, tortious, libelous, defamatory, vulgar, obscene, pornographic, invasive of another's privacy or publicity rights, hateful, harassing, threatening, or racially, ethnically, or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, a Tweeterview official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload or post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, trade secrets, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload or post any Content that infringes or violates any patent, trademark, trade secret, copyright, or other proprietary right or otherwise violates the rights of any third party;
Upload, post or distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload or post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
Engage in any conduct that would interfere with other users' ability to use the Interactive Areas, including, but not limited to, disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or disrupting the servers or networks connected to the Interactive Areas;
Intentionally or unintentionally violate any applicable local, state, national or international law, or upload or post any Content that would constitute, encourage or provide instructions for a violation of such laws;
Stalk or otherwise harass another;
Collect, store, or use personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Tweeterview's systems and customers, or to ensure the integrity and operation of Tweeterview's business and systems, Tweeterview may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Generated Content. Tweeterview's right to disclose any such information shall govern over any terms of Tweeterview's Privacy Policy.

Tweeterview takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Tweeterview liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. You agree that you must evaluate and bear all risks associated with the use of any User Generated Content or Interactive Areas, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content or Interactive Areas. As a provider of interactive services, Tweeterview is not liable for any statements, representations or User Generated Content provided by its users in any Tweeterview or other Interactive Area. Although Tweeterview has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Tweeterview reserves the right, and has absolute discretion, to remove, screen or edit any User Generated Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Site at your sole cost and expense.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Tweeterview logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Tweeterview or its licensors or users and are protected by Australian and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Site Terms and does not include:

any resale or commercial use of the Site or the Site Materials therein;
the collection and use of any product listings, pictures or descriptions;
the distribution, public performance or public display of any Site Materials,
modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof;
use of any robots or similar data gathering or extraction methods;
downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or
any use of the Site or the Site Materials other than for its intended purpose.

Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Tweeterview, is prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, except as provided for in linking to your Tweeterview, provided such link does not portray Tweeterview or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Tweeterview logo or other proprietary graphic of Tweeterview to link to this Site without the express written permission of Tweeterview. Further, you may not use, frame or utilize framing techniques to enclose any Tweeterview trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Tweeterview's express written consent. Except as noted above, you are not conveyed any right or license by implication, in or under any patent, trademark, copyright or proprietary right of Tweeterview or any third party.

Tweeterview makes no claim or 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. Such sites are not under the control of Tweeterview and Tweeterview is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Tweeterview provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Tweeterview 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. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Third Party Content

Tweeterview may provide third party content or links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Tweeterview does not monitor or have any control over any Third Party Content or third party Web sites. Tweeterview does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Tweeterview does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. Advertisements and Promotions

Tweeterview may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tweeterview, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tweeterview 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 non-Tweeterview advertisers on the Site.

Rights to User Supplied Content

If you post User Generated Content to a Tweeterview or other Interactive Areas, unless we indicate otherwise, you retain ownership of such User Generated Content. However, Tweeterview needs certain rights with respect to the User Generated Content in order to operate the Site and provide the Services. Therefore, you grant Tweeterview and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform and display such content, solely in connection with providing the Site and the Services. This license in no way affects the private nature of information you post in your Tweeterview. Please see our Security Policy for more information as to how we handle private information you post. You grant Tweeterview and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Generated Content that you post or you otherwise have the right to post such User Generated Content to the Site; (b) the User Generated Content is accurate and not misleading; and (c) use and posting of the User Generated Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Submissions

You acknowledge and agree that any information, items or materials regarding the Site or the Services that are provided by you in the form of email or other submissions to Tweeterview, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other content, are non-confidential and shall become the sole property of Tweeterview. Tweeterview shall own exclusive rights to this material, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing does not apply to any materials posted in your Workspaces.

You agree to defend, indemnify and hold harmless Tweeterview, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) any User Generated Content you post, store or otherwise transmit on or through the Site; (b) your use of or inability to use the Site or the Services; (c) your conduct in connection with the Site and the Services; (d) the breach of any laws by you, your Interviewees, agents, or partners, (e) your violation of these Terms or any other relevant terms or the rights of any third party, or (f) any other acts or failures to act by you, your Interviewees, agents, or your partners in connection with your use of this Site and its Services.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY TWEETERVIEW, THE SITE, THE SITE MATERIALS, THE TOOLS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TWEETERVIEW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, TOOLS AND MATERIALS AVAILABLE THROUGH THE SITE AND THE SERVICES. TWEETERVIEW DOES NOT REPRESENT OR WARRANT THAT MATERIALS OR TOOLS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

TWEETERVIEW IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY OR FOR THE MALFUNCTION OF ANY TOOLS THAT MAY BE PROVIDED OR THE RESULTS FROM SUCH TOOLS. WHILE TWEETERVIEW ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, TWEETERVIEW CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability

IN NO EVENT SHALL TWEETERVIEW, 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 (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE TOOLS, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM TWEETERVIEW, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWEETERVIEW'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWEETERVIEW, 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 THE SITE OR THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TWEETERVIEW FOR ACCESS TO OR USE OF THE SITE.

Changes to Services; Termination

Tweeterview reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Site or the Services or to terminate or suspend your access to the Services or any Tweeterview, without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services. Tweeterview will not be liable for any data, documents, information or other User Generated Content that is lost due to such modification, discontinuance, termination or suspension. You are solely responsible for backing up any data or other User Generated Content, including any information contained in yoru Tweeterviews.

Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, applicable to agreements made and to be entirely performed within the State of Queensland, Australia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Brisbane, Queensland, Australia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination

Notwithstanding any of these Site Terms, Tweeterview reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.