Terms of Service
Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective five (5) days following posting of the revised Terms on the Site, and your continued use of the Services thereafter means that you accept those changes.
Ability to Accept Terms. The Services are only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Services. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Services to make sure that you and your parent or guardian understand these Terms and agree to them.
Services Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Services provided that you comply with these Terms and applicable law.
Restrictions. You shall not: (i) copy, distribute or modify any part of the Services without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Services; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Services; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.
Account. In order to use some of the services of the Site, App or Plug-In, you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Twickle immediately of any breach of security or unauthorized use of your Account. As between you and Twickle, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Twickle at email@example.com.
Payments to Twickle. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but Twickle may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Site.
Intellectual Property Rights.
End User License. Subject to the terms and conditions of these Terms, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license ("License") to: (i) download, install and use the App and/or Plug-In (as applicable) on a computer, mobile telephone or any other device you are using to access the Service (the "Device"); and (ii) access and use the Services on that Device in accordance with these Terms.
Content and Marks. The (i) content on the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Twickle and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Twickle”, the Twickle logo, and other marks are Marks of Twickle or its affiliates. All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the Services; (ii) make the Services available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the Services; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the Services or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Services; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Twickle name, logo or trademarks without our prior written consent; and/or (ix) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
Responsibility. The Services permit the submission, hosting, sharing and publishing of Content by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Services (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Twickle to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Services and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights"means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
License to User Submissions. By submitting the User Submissions to Twickle, you hereby grant Twickle a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Services and Twickle's business, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Services or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that Twickle is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Twickle with respect to (i) and (ii) herein.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Twickle permits you to link to the Site provided that: (i) you link to but do not replicate any page on the Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Twickle or present any false information about Twickle and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third Party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
This section applies whether or not the services provided under the Services are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Twickle HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TWICKLE DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT TWICKLE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICES BY A THIRD PARTY.
Twickle DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY FOR, ANY SUCH CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT TWICKLE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SERVICES USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SERVICES USER OR OWNER, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SERVICES USER OR OWNER IN CONNECTION WITH THE SERVICES OR ANY USER SUBMISSION, YOU AGREE THAT TWICKLE IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. TWICKLE RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TWICKLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF TWICKLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWICKLE FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO TWICKLEFOR USING THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
Indemnity. You agree to defend, indemnify and hold harmless Twickle and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Services; (ii) your User Submissions; (iii) your interaction with any Services user; or (iv) your violation of these Terms.
Updates and Upgrades. We may from time to time provide updates or upgrades to the App or Plug-In (each a "Revision"), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App or Plug-In. All references herein to the App and Plug-In shall include Revisions thereto. This Agreement shall govern any Revisions that replace or supplement the original App or Plug-In, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
Term and Termination. These Terms are effective until terminated by Twickle or you. Twickle, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Twickle shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Services. Upon termination of these Terms, you shall cease all use of the Services. This Section 18 and Sections 8 (Intellectual Property Rights), 9.3 (License to User Submissions), 12 (Privacy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 19 (Independent Contractors) to 22 (General) shall survive termination of these Terms.
Independent Contractors. You and Twickle are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Twickle. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Twickle.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Twickle without restriction or notification to you. Any prohibited assignment shall be null and void.
Governing Law. Twickle reserves the right to discontinue or modify any aspect of the Services at any time. These Terms and the relationship between you and Twickle shall be governed by and construed in accordance with the laws of the United States, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in California, United States and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Twickle may seek injunctive relief in any court of competent jurisdiction
Ownership of the Services Provided to You. Please note that Twickle facilitates users running competitions which as a user you can enter. As an entrant you acknowledge that "Competition Owner" is fully responsible for ensuring that their competition complies with all applicable rules & regulations in the countries for which it is operating. Twickle is not responsible for; or liable for the failure of any Competition Owner to comply with these rules.
"Competition Owners" must also be responsible for ensuring that their competition fully complies with all rules & regulations of any social network or Third Party on which is it run. Twickle will not be held responsible for the loss of any data or accounts due to actions from Third Parties that relate to activity that is against their guidelines.
You acknowledge and agree that Twickle is not responsible or liable for Competition Owners use or distribution of information you provide.
As Twickle can be used on any website in any country, by using Twickle you acknowledge that you are responsible for compliance with any local laws.
TWICKLE DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION OR GIVEAWAY DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
Account Content and Use of Services. You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that your use of the Services and your account content will not:
Run a giveaway without the intention of awarding a prize;
Run a giveaway to refer users via a referral link into another giveaway;
Ignore Twickle generated entries by picking an external winner - unless specifically mentioned in your T&C. For example running a Twickle giveaway and picking winner via Retweets only, this defrauds users of their entries generated via Twickle.
Setup a fake giveaway with the sole intention of driving entries to a real giveaway (without the intention of providing a prize for your giveaway );
Giveaway game keys purely for the purpose of farming followers for various groups or other social accounts;
Run a giveaway that is funded by donations or mostly contains referral, affiliate links or CPA offers;
Continually extend the end date of a giveaway without users agreeing to terms that allow it;
Run a giveaway that is purely designed to exchange followers (or other actions) and not for business purposes;
Encourage users to break the TOS of an external site (i.e. clicking Adsense ads);
Use or copy prize images that you do not own the copyright to;
Create multiple or false contestant accounts for the purpose of increasing giveaway entries or redeeming multiple rewards;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party without permission;
Reverse engineer, decompile, or disassemble any aspect of the Service;
Attempt to automate entries with the intent of defrauding the Competition Owner;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
Interfere with or disrupt the Service or other user’s use of the Service;
Reproduce, duplicate or copy or exploit any other portion of the Twickle Site, without the express written permission of Twickle;
Modify, adapt or hack the Twickle Site or falsely imply that some other site is associated with Twickle Site
Create multiple accounts after your account has been disabled;
Knowingly run campaigns on behalf of users that are already banned for previous TOS violations;
Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby Twickle may ask for more information from you (such as communication with winners). During this time any live giveaways inside the account may suffer interruption, until such information is presented.
General. These Terms shall constitute the entire agreement between you and Twickle concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: October 2018