twtMob Terms of Service Agreement
TWITTER IS A TRADEMARK OF TWITTER INC. EXPLICIT NOTIFICATION IS HEREBY MADE THAT TWTMOB IS NEITHER AFFILIATED WITH TWITTER INC. NOR WITH ANY OF THEIR PRODUCTS.
1. ACCEPTANCE OF THE TERMS AND CONDITIONS
2. SERVICE DESCRIPTION AND USAGE TERMS
twtMob offers a network on the internet ("twtMob Network") which allows users who register with twtMob and are accepted as "Publishers" by twtMob to incorporate specific advertisement messages as instructed by twtMob ("Advertisements") as part of advertising programs provided by online advertisers on the micro-blogging service "Twitter". As the advertisements are published in the micro-blogging service they are displayed alongside the Publisher's other messages. Certain Publisher's will be financially rewarded for successful transaction, which originates from a published advertisement, that was previously approved by a twtMob Manager, and complies with the twtMob Program's ("twtMob Program") predetermined commission guidelines.
- Publisher Account
If your membership is approved, at TwtMob's discretion, and subject to inventory availability, and the needs of the advertiser, TwtMob will contact you regarding advertisement messages that you may participate in and earn commissions from in accordance with the twtMob Program's commission guidelines. Hereafter, "ad(s)", "CPT ad(s)", CPA ad(s) and any combinations thereof mean ads listed, provided or made available to you specifically by twtMob. You have the freedom to customize the advertisement as you see fit, with certain restrictions, including but not limited to:
(a) You may not post an advertisement more than the number of times the twtMob Program dictates you can post to a single account.
(b) You may not post ads anywhere other than Twitter.
(c) You may not exceed the minimum time interval between two ads.
(d) You may not alter your ad in a way that violates our Content Guidelines or in a manner not conducive with the spirit of the ad.
- Content Guidelines
(a) You may not post messages that are pornographic or sexually explicit in nature for any reason.
(b) Your messages may not include or encourage offensive content such as references to animal abuse, drug abuse, under-age drinking and smoking, bomb making or any other similar reference that reasonably would be considered offensive.
(c) You may not send messages meant to harm or insult the advertiser or twtMob.
(d) Your messages will not promote any hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
- Account Review
Your membership is under constant review and if you submit content that does not follow our content guidelines your funds are subject to being frozen and your account will be suspended. Violation of twtMob rules or any other terms and conditions herein will result in immediate suspension or termination of your membership in the twtMob Network. twtMob may in its sole discretion and with or without notice, limit or deny access to your Account and/or the Website for any reason whatsoever. If at any time, for any reason, TwtMob determines that your account is no longer acceptable to receive offers from the TwtMob, TwtMob reserves the right to revoke your membership.
- Advertisements posted to Twitter Account
(a) You will only post ads for Twitter to the account that has been accepted into the twtMob Network.
(b) Your account must contain real social conversations, messages, opinions, or news. If your account contains a number of ads deemed unacceptable to twtMob, it will be deemed an invalid account.
(c) You may not to use any proxy to pretend you are from a geographic region different from your real location. You agree that if twtMob finds that you use a proxy to circumvent a geographic restriction imposed by twtMob, all of your earnings may be forfeited.
- Auditing and TOS Violationsâ€¨
twtMob may perform automated or manual auditing of account activities for compliance with this TOS. You agree that if twtMob determines in its sole discretion that you violate this TOS in any manner, your earnings may be reduced, and your account may be banned without warning. You understand and agree that if your account is banned for violation of this TOS, all of your earnings will be forfeited and you will not attempt to register for another account on twtMob.
- Content Screening
You acknowledge that twtMob may OR MAY NOT pre-screen Content for advertisement, but that twtMob and its designees shall have the right (but not the obligation) in their sole discretion to PRE-SCREEN, refuse, or move any Content that is available in the twtMob network. Without limiting the foregoing, twtMob and its designees shall have the right to stop any promotion including payments for any advertisement it deems a violation of the TOS or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by twtMob or submitted to twtMob, including without limitation information in twtMob message boards, and in all other parts of the Service
- Payment Terms
Payments are made to designated PayPal accounts unless another arrangement is agreed upon between you and twtMob. It is your responsibility to ensure that your PayPal account is correct and to update your PayPal account information as necessary. We will not be responsible for any payments made to the wrong PayPal account. You will receive a deposit into your PayPal account only if your available balance exceeds $50, your account is "eligible", and you have made a successful withdrawal request. Balances become "available" no later than 30 days after receipt of payments form a third party advertiser ("Client") that hires twtMob to market its products and/or services and approves the Services of Publisher. Withdrawal requests are fulfilled on the 1st of the next month after the request. So if you make a successful withdrawal request on March 15, you will receive payment on April 1st. Balances remain pending until funds have cleared from the Client. Eligible accounts are those that are more than 30 days old and have not made a withdrawal for a 30-day time period. If you receive a withdrawal payment, all funds in your twtMob account will be deposited in your PayPal account and your twtMob fund balance will drop to zero. If you receive a deposit into your PayPal account, we will notify you via email that a deposit has been made to your PayPal account and the amount of the deposit. We reserve the right to change the $50 threshold limit at any time. Payments will be subject to the reduction of any transaction costs of the provider, PayPal.
2. AGE REQUIREMENTS
Effective April 21, 2000, the Federal Trade Commission (FTC) mandated that all websites must be in compliance with the Children's Online Privacy Protection Act (COPPA). While the twtMob site is not directed at children under the age thirteen (13), you must be at least 13 years old, be a United States or Canadian resident, and have a valid e-mail address to enroll in the twtMob Program ("Program"). Enrollment and participation in the Program is open to individuals only (no corporations or other legal entities). Each individual who enrolls in the Program is responsible for providing this information requested herein and for updating any such information to insure its accuracy. Receipt of inaccurate or misleading information will adversely affect the ability of twtMob to operate the Program and provide services to clients required by members and participants. In this regard, twtMob reserves the right to terminate a member's membership in the Program if misleading or intentionally incorrect personal information is provided. twtMob reserves the right to modify or discontinue the Program with or without notice to members. twtMob will not be liable to any member or any third party should twtMob exercise its right to modify or discontinue the Program.
Further, this Web Site is intended for individuals of legal age. If you are under the age of eighteen (18) years (or 21 if that is the age of majority in your State, Country or territory), then you must review the Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand and accept all of the Terms and Conditions. By accessing this Web Site, you represent that you are of legal age to form a binding contract (or if you are not, that you have obtained the informed consent of your parent or legal guardian to your assent to the Terms and Conditions).
3. PERSONAL INFORMATION
When you sign up through this Web Site or provide information to us in any other manner, you represent and warrant that you are providing true, accurate, current and complete information.
- Information Collection & Use
twtMob is the sole owner of the information collected on this site, and from its licensed software. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. twtMob collects information from our users at several different points on our website. twtMob may share aggregated and anonymous demographic and statistical information with its business partners, but no such information can be linked directly to you or your account. Furthermore, we may need to disclose personally identifiable information when required by law.
- Special Offers & E-mail
Established members will occasionally receive e-mails containing information regarding new campaigns, rewards, and directives from twtMob. If they have opted-in. "Opted-in" means the user has approved certain e-mails to be sent to them from twtMob.
- Site & Service Announcements
Under rare circumstances twtMob may need to contact specific or all users in order to make an important announcement about the twtMob site or service changes. Members are not able to unsubscribe, or "opt-in/opt-out" of these announcements because they may contain very important information regarding their accounts. Before these measures are taken, however, twtMob will post information regarding changes directly on the website. twtMob reserves the right to contact users to correct account errors or to supply important information twtMob deems relevant.
4. WEB SITE INTELLECTUAL PROPERTY
The Web Site includes a combination of content created by us, or provided to us by a licensor. All of the content, and other information either displayed on, transmitted through, available for download, or otherwise used in connection with this Web Site, including but not limited to text, photographs, graphics, images, illustrations, animations, audio or video clips, html, source and object code, software, data, or other technology, as well as its copyrightable selection and arrangement, logos, trademarks and service marks (collectively, the "Content") is owned or controlled by us unless stated otherwise.
The Web Site will also include content provided by you (User Content). You warrant and represent that the content provided by you is (1) content that you have the right to post upload or provide on the Website without any further permissions from any third parties and the same will not violate any person or entities intellectual property or privacy rights; (2) you give twtMob a non-exclusive license in perpetuity to use the User Content on the Web Site and to promote and market the Website using the User Content without any further permissions whatsoever; (4) you acknowledge that other members and third parties may be able to view your content and that you consent to such viewing; and (5) User Content will comply with al of the terms herein.
5. REPRESENTATION AND WARRANTIES
We make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of the Content, when authorized, will not infringe rights of third parties. Third parties may provide some of the content available on this Web Site. We do not guarantee the accuracy, the integrity, or the quality of content provided by third parties. Neither we, nor any of our affiliated or related companies, or any of our/its employees, agents, content providers or licensors, make any representation or warranty of any kind regarding this Web Site or the Content whatsoever. We make no warranty that this Web Site will meet your requirements, be uninterrupted, timely, secure or error free, or that this Web Site or the server that makes it available are free of viruses or other harmful components or destructive files. Unauthorized access to the Web Site is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Web Site by any means other than through the interface that is provided twtMob for use in accessing the Web Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Web Site.
We do not warrant or guarantee the legitimacy of any users or members of the Web Site or warrant or guarantee that any claims or promises made by any other party is accurate or legitimate and you are required to make your own determination regarding any such claims or promises made by any third parties or other members. You warrant that you make contact with other members, users or other third parties at your own risk and should perform reasonable due diligence before making such contact whether electronically or in person.
We specifically disclaim any and all express or implied warranties regarding this Web Site or any content, services or products provided through or in connection with this Web Site, including without limitation warranties of merchantability or fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on or through this Web Site. We assume no responsibility, and are not liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, this Web Site or your downloading of any materials, data, text, images, video, or audio from this Web Site. We specifically disclaim any damage to any User Content or any unauthorized use of User Content; we specifically disclaim any promises or guarantees made by any third parties or other members of the Web Site; we specifically disclaim any guarantee that third parties will need/want any of your tweet services whatsoever.
Further, We are not responsible or liable to you in any way as a result of any incorrect or inaccurate information you provide to us including information related to your PayPal account, mailing address or email address. We may discontinue your account and the twtMob network at any time in our sole discretion. If we discontinue the program, all amounts in your TwtMob account will be deposited into your PayPal account. WE DO NOT PROMISE OR GUARANTY THAT YOU WILL RECEIVE ANY OFFERS OR PAYMENTS UNDER THE TWTMOB PROGRAM. YOU WILL ONLY RECEIVE PAYMENT FOR PROJECTS IN, WHICH TWTMOB HAS EXPRESSLY ASSIGNED TO YOU.
7. LIMITATIONS ON DAMAGES
In no event shall twtMob or any of its affiliates, employees, agents, content providers or licensors be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, consequential, special, incidental or punitive damages (including lost savings or profit, lost data, business interruption or attorneys fees) even if notified in advance of such possibility, including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or omissions in the content, even if advised of the possibility of such damages. You agree that we are not liable for any amount exceeding the amounts owed to you for successful tweet services that comply with the terms and conditions herein and your only remedy herein is the cancellation of your account by you.
You agree to indemnify, defend and hold harmless twtMob and each of its respective partners, clients, suppliers, licensors, officers, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding any violation of this agreement by you.
9. FOREIGN ACCESS
This Web Site is controlled, operated and administered by us from our offices within the United States. We make no representation that the Content is appropriate or available for use outside the United States and access to it from territories where it is illegal or improper is prohibited. You may not use this Web Site or export the Content in violation of U.S. export laws and regulations. If you access this Web Site from a location outside the United States, you assume sole responsibility for compliance with all local laws.
This Agreement and the Site Terms and Conditions of Use sets forth the entire agreement between you and the us pertaining to your participation in the TwtMob program. We reserve the right, at our sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the new effective date. Your continued participation in the TwtMob program after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, you may opt out of the TwtMob program at any time by sending an email to removal@TwtMob.com. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. We will closely guard any personally identifiable information you disclose to us during registration or at any other point during your TwtMob experience. Information will only be shared with a third party if a member requests for that information to be shared, by participating in an offer/program/opt-in/opt-out. A member may request that this information be shared, by opting-in to programs or newsletters that may require information such as, but not be limited to, first name, last name, occupation, e-mail address, mailing address, phone number, selected interests or date of birth. Not all offers/programs/opt-ins/opt-outs specify exactly which pieces of information will be shared. By joining, you are able to opt-in to receive mail from TwtMob.
11. WEBSITE REVISIONS
twtMob is not responsible for changes or variations in the layout or content of its website. In the interest of our clients and publishers, twtMob puts forth its best efforts to ensure that all information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our Web site to become outdated without our immediate knowledge. Consequently, twtMob will not be held responsible for product revision changes. Further, twtMob reserves the right to make any changes or revisions to the Web Site with or without notice and reserves the absolute right to determine or restrict any content on the Web Site, including User Content.
12. RESERVATION OF RIGHTS
We reserve the right to modify, suspend, discontinue or restrict the use of any portion of this Web Site, including the availability of any portion of the Content at any time, to anyone for any reason without notice or liability.
All communications with twtMob should be e-mailed to: firstname.lastname@example.org.
14. CHOICE OF LAW
Any dispute arising out of or related to these Terms and Conditions or any transaction between twtMob.com and you shall be governed by the laws of the State of California, without regard to its conflicts of law rules.
15. CONSENT TO JURISDICTION AND FORUM SELECTION
The parties hereto agree that all actions or proceedings arising in connection with these Terms and Conditions shall be tried and litigated exclusively in the California Superior Court of Los Angeles County. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of these Terms and Conditions in any jurisdiction other than that specified in this paragraph. Each party hereby waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulates that the California Superior Court of Los Angeles County shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to these Terms and Conditions. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in these Terms and Conditions. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.
In its sole discretion, twtMob.com may elect to resolve any controversy or claim arising out of or relating to these Terms and Conditions by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, State of California. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. twtMob may seek any interim or preliminary relief from the California Superior Court of Los Angeles County to protect the rights or the property of twtMob.com (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
17. ATTORNEYS' FEES AND COSTS
In the event of litigation or arbitration relating to the subject matter of these Terms and Conditions, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
In the event that we are required by state or federal law to notify you of certain events, you hereby acknowledge and consent that such notices will be effective upon our delivering them to you through your electronic mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
20. ENTIRE AGREEMENT
These Terms and Conditions, including all amendments and policies that are incorporated by reference, constitute the entire agreement between you and twtMob.com govern your use of the Web Site and Content, superseding any prior agreements that you may have with us.
If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms and Conditions shall continue in effect.
Either the member or twtMob may terminate the service with or without cause at any time and effective immediately. twtMob will not be liable to the member or any third party for termination of service. This does not remove the responsibility twtMob has for delivering any outstanding rewards to users.