|
Terms Of Use
("Agreement")Last Updated: October 22, 2009 Tellafriend.socialtwist.com and socialtwist.com (collectively referred to as "Site") owned by Pramati Technologies, Inc., ("Company") helps you to use Tell-A-Friend widget on your website or blog. Your use of Site will be subject to these Terms of Use below. We ask that you read these legally binding Terms of Use carefully before you select 'accept' because if you breach any of these Terms of Use, your authorization to use Site automatically terminates. If you do not agree with these Terms of Use please discontinue use of the Site services immediately. Site reserves the right to change or modify these Terms of Use, such change or modification will be effective upon the posting of new terms on the Site. You agree to be bound by any such posted changes. It is important that you review this Agreement regularly to ensure that you are aware of any changes. Account UsageYou may access the Site through programmatic means only through any published API of the Site. Accessing Site using 'Bots' or other automated access methods is illegal. You agree to use Site services only towards the intended normal use and not for any illegal or unauthorized purpose. You also agree to use the site in such a manner as to not violate any local or federal laws of your jurisdiction, including but not limited to anti-spam, copyright or privacy laws. End-user quotas for normal use are: 50 emails per hour per Site, 100 emails per hour across any Sites, and 300 emails in 24 hours across any sites. The widget shall get blocked for email use after reaching this quota for the specified time period. Changes to the SiteCompany reserves the right at any time to modify or discontinue, fully or partly, temporarily or permanently, the Site and its services with or without notice. Regular maintenance, upgrades or additions to the Site might be intimated either on Site or through emails from time to time and as a member of the Site, you agree to receive such emails. Right to Remove or Disable Access.If Company recognizes that your use of Site may be (i) libelous, obscene, excessively violent, scandalous, defamatory, pornographic adult or child, or that Company determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, (iii) not in accordance to the End User quotas specified above or found to be used for spamming, Company has the right, but not the obligation, to remove or disable access to the Site or to require you to immediately cease and desist from such use. No responsibility for third-party contentYou are signing up for the Site and its services that you may link from your web site or service solely as a convenience to your users ('Linked Site'). Company does not endorse any such Linked Site or the information, products or services contained on the Linked Site. The widget, button and its services provided by the Site act only as technical interface for Linked Site users and that the Company does not itself verify the qualifications of such users, nor does it evaluate or control in any ongoing manner exchanges between users. Company cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. Warranties and DisclaimersTHE SITE TECHNOLOGY AND SOFTWARE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO RESPONSIBILITY FOR SUCH ERRORS OR OMISSIONS. ALL INFORMATION AND SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICES ON SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) SITE WILL MEET YOUR REQUIREMENTS, OR (ii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LIMITATION OF LIABILITY IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF Site SERVICES OR SOFTWARE. EVEN IF COMPANY HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE USE SITE AND SOFTWARE IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF CONTENT THAT RESULTS FROM SUCH USE. IndemnityYou agree to defend, indemnify and hold Company, its subsidiaries, affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you transmit through Site and its software, your violation of these Terms of Use, or your violation of any rights of another. Copyrights and TrademarksAll trademarks, trade names, service marks, service names of various communication services to which Site provides an interface are the property of their respective holders, including but not limited to, the following:
THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY America Online, Inc., Google Inc., Microsoft Corporation, Yahoo, Inc, LiveJournal, Inc, or FaceBook, Inc. Governing LawSite is controlled by Company from its offices within California, United States of America. By accessing Site, you agree that the statutes and laws of California without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, Site and any Content. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. For Governmental Users/MembersUse by federal agencies will follow the terms found at: http://go.usa.gov/liM QuestionsClick here to send questions about the Terms of Use |
