terms of service
Terms of Service
Last Revised: April 2009
The following Terms of Service constitute a legal agreement (“Agreement”) between You and POA, LLC (hereinafter “POA”) with respect to Your access to, and use of the Twittords.com (hereinafter “TW” or “Site”) and any Services provided by or through the Site or POA.
BY VISITING AND USING THE SITE, You AGREE TO THESE Terms of Service; IF You DO NOT AGREE, DO NOT USE THE SITE.
By using and/or viewing the Site You represent and warrant that You are at least 18 years of age and that You have the legal capacity to enter into this Agreement. If You are under the age of 18, but at least 13 years of age, You may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Site is not intended for children under the age of 13. Entering this site is Your agreement that You are aware of these terms and are of legal age.
POA reserves the right to revise, amend, or modify these Terms of Service and our other policies, guidelines, and rules at any time and in any manner. Modifications shall become effective immediately upon posting on the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Terms of Service as modified. You should periodically check this web page for any modifications regarding these Terms of Service by re-visiting this web page and using the refresh button on Your browser. You should note the
date of last revision to this page, which appears at the top of this page. If the last revised date remains unchanged, after You have clicked the refresh button on his/her browser, You may presume that no changes have been made since the last reading of the document. A changed last revised date indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. You may use and access the Site only in accordance with these Terms of Service. Please consult these Terms of Service regularly and read them carefully before using the Site. You affirm that You have read and understand, agree and consent to
these Terms of Service.
When you Add a word to TW the content you add becomes the sole property of POA.
Subject to full compliance with the Terms of Service, TW may offer to provide certain Services and Content, as described more fully on the Site. Services shall include, but not be limited to, any service and content TW performs for You, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, RSS feeds, photographs, video, images, illustrations, software, audio clips and video clips, also known as the “Content” on the Site).
TW may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. TW may also impose limits on certain features and services or restrict Your access to parts or all of the Services or Content without notice or liability.
Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without POA’s express prior written consent.
You may link to a webpage of TW, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it or infringe any of the provisions of these Terms of Service, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. POA reserves the right to withdraw linking permission without notice.
As a condition of use, You promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by POA.
By way of example, and not as a limitation, You agree not to use the Services to:
abuse, harass, threaten, impersonate or intimidate other TW users;
“deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the TW site or any TW site Content, or in any way reproduce or circumvent the navigational structure or presentation of TW or any TW Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through TW. POA reserves the right to bar any such activity;
contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
post photographs containing offensive subject matter, such as, but not limited to, nudity or violence;
gain unauthorized access to any portion or feature of TW, or any other systems or networks connected to TW or to any TW server, or to any of the Services offered on or through TW, by hacking, password mining; or any other illegitimate means;
use the site for any illegal or unauthorized purpose. If You are an international user, You agree to comply with all local laws regarding online conduct and acceptable content;
probe, scan or test the vulnerability of TW or any network connected to TW, nor breach the security or authentication measures on the Site or any network connected to TW. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to TW, or any other customer of TW, including any TW account not owned by You, to its source, or exploit TW or any service or information made available or offered by or through TW, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by TW;
post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any site user;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of TW or
TW systems or networks, or any systems or networks connected to TW;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other persons use of the Site;
create or submit unwanted email (“Spam”) to any other users or any URL;
violate any laws in Your jurisdiction (including but not limited to copyright laws);
submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
use TW or any Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of POA or others;
use any (with the exception of accessing RSS feeds) robot, spider, scraper or other automated means to access TW for any purpose without our express written permission. Additionally, You agree that You will not:
(a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(b) interfere or attempt to interfere with the proper working of TW or any activities conducted on TW; or
(c) bypass any measures we may use to prevent or restrict access to TW, and
create separate user accounts with the intention of artificially inflating the votes, ratings, counts, comments, or any other TW service;
collect user names and/or email addresses or Twitter user names of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to TW may be investigated;
monitor or copy, or allow others to monitor or copy, TW web pages or the content included herein;
“frame” or otherwise simulate the appearance or function of TW.
TW may provide, links to other World Wide Web sites or resources. Because POA has no control over such sites and resources, You acknowledge and agree that POA is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that POA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
POA respects the intellectual property of others. All material found on the TW Site is subject to this Copyright and Intellectual Property Policy. Except for that information which is in the public domain or for which You have been given written permission, You may not copy, exploit, modify, publish, transmit, distribute, perform, display,
communicate to members of the public or sell or lease any such proprietary information found on TW.
If You believe Your work has been copied in a way that constitutes infringement on the Site or via the Service offered through TW, please provide the following information to POA at email@example.com, or POA LLC (“TW”), 11654 Plaza America Drive, PMB 295, Reston, VA 20190
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the site;
(d) Your address, telephone number, and email address;
(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Once POA receives Your notice, it will thoroughly investigate the matter and respond to You with its results, in no event later than 30 days after receipt of Your notice.
You acknowledge that POA has no control over, and no duty to take any action regarding: which users gain access to TW; Items sold by Advertisers, what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release POA from all
liability for You having acquired or not acquired Content through TW. The Site may contain, or direct You to sites containing, information that some people may find offensive or inappropriate. POA makes no representations concerning any content contained in or accessed through TW, and POA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN AS IS BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
POA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE
SPECIFIC RESULTS. THE SITE, SERVICE AND TWs CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POA CANNOT ENSURE THAT
ANY FILES OR OTHER DATA You DOWNLOAD FROM OR UPLOAD TO THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POA OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, ITEMS SOLD, MERCHANTS, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS, MONIES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO You.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or Service offered on TW, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between You and POA with regard to Your use of the Site, and any and all other written or oral agreements or understandings previously existing between You and POA with respect to such use are hereby superseded and cancelled. POA will not accept any counter-offers to these Terms of Service, and all such offers are hereby categorically rejected. POA’s failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by
POA of any provision or any right it has to enforce these Terms of Service, nor shall any course of conduct between POA and You or any other party be deemed to modify any provision of these Terms of Service. These Terms of
Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and You do not have any authority of any kind to bind POA in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. POA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond POAs reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including line-noise interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service
shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by You except with POAs prior written consent. POA may transfer, assign or delegate the Terms of Service and its rights and obligations without Your consent, as well as the Site, Database, Your User Account and information. The Terms of Service shall be governed by and construed in accordance with the laws of the state of Virginia as if made within Virginia between two residents thereof, and the parties submit to the exclusive jurisdiction of Virginia. Notwithstanding the foregoing sentence, (but without limiting POAs right to seek injunctive or other
equitable relief in any court of competent jurisdiction), in POAs sole discretion any disputes arising with respect to this Agreement may be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration
proceeding shall be carried on and heard in Fairfax, Virginia, using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Service, the prevailing party will be entitled to recover costs and attorneys; fees. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of
Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
You agree to indemnify and hold POA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against POA by any third party due to or arising out of or in connection with Your use of TW, including, but not limited to, Your Content, and Items You may purchase from Advertisers.
To report Terms of Service abuse, please email: firstname.lastname@example.org
The information contained in this web site is subject to change without notice.
Copyright 2009 POA LLC. All rights reserved.
I HAVE READ THESE Terms of Service AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.