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Terms Of Use

Welcome to www.Twelling.com, ("Twelling", "we" or "us"). When using the services offered on or through www.twelling.com (the "Twelling Site"), you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular Twelling services, you shall be subject to any posted guidelines applicable to such services, including any applicable sweepstakes rules and any terms or conditions applicable to Twelling services provided in conjunction with any of Twelling's content and service partners. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the Twelling Site and do not register to be a member of Twelling. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Twelling Service following the posting of changes to these terms (including Twelling's Forum Guidelines) will mean you accept those changes

Overview

Twelling is a user generate business news social media site which allows you to use or access a wealth of information from the web. These Terms of Service apply to the Twelling Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Service and Restrictions on Use of Materials

By using the Twelling Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Twelling reserves the right to terminate your access to the Twelling Service. Twelling may discontinue or alter any aspect of the Twelling Service, including, but not limited to, (i) restricting the time the Twelling Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Twelling Service, at Twelling's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Twelling Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Twelling Service. You further certify that you are an individual.

In order to permit Twelling to protect the quality of its products and services, you hereby consent to Twelling employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the Twelling Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content belongs to or is copyrighted by their rightful owners. All other trademarks appearing on the Twelling website are trademarks of their respective owners. Twelling's partners may also have additional proprietary rights in the content which they make available through the Twelling service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited.

Registration

If you elect to register to use the Twelling website and/or participate in any sweepstakes, contest, or other services offered by Twelling you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Twelling website’s registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, Twelling has reasonable grounds to suspect that such is the case, Twelling has the right to suspend or terminate your account and refuse any and all current or future use of the Twelling website (or any portion thereof).

Twelling's Privacy Policy
Pursuant to Twelling's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy.

Community Standards and Conduct in Twelling

You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the Twelling website. Twelling does not control all of the Content posted via the Twelling website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Twelling Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Twelling be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Twelling Service.

You agree to not use the Twelling website (including the Twelling Blogs described below) to:

  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a Twelling official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email or otherwise transmit 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 or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Twelling website or an Twelling Blogs are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Twelling website or servers or networks connected to the Twelling website, or disobey any requirements, procedures, policies or regulations of networks connected to the Twelling website;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • "stalk" or otherwise harass another member or user of the Twelling website; or
  • collect or store personal data about other users, or members.

It is our policy to respect the privacy of all users. Therefore, in addition to our Privacy Policy, we will not monitor, edit, or disclose the contents of a user or member e-mail unless required in the course of normal maintenance of Twelling Service and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Twelling; (2) protect and defend the rights or property of Twelling; or (3) act in an emergency to protect the personal safety of our users or the public. You shall remain solely responsible for the content of your messages.

All Twelling Blog communications, are public and not private communications. Although Twelling reserves the right to remove without notice any Blog posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Your privilege to use the Twelling Blogs and contribute to discussions on the Twelling Blogs depends on your compliance with the member conduct guidelines set forth above. Twelling may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, Twelling, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.

Parental permission is required for children 12 years of age or under to use any Twelling Forums. Please remember, when using any Twelling services or Forums, you agree to abide by the member conduct guidelines set forth above. Twelling does not permit registered users under the age of 13 to participate in chat.

Twelling reserves the right to monitor some, all, or no areas of Twelling Blogs for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, Twelling is acting as a passive conduit for such distribution and Twelling is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.

Submissions

By posting or submitting content to the Twelling website, you grant Twelling and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Twelling will not infringe or violate the rights of any third party.

If you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Twelling. None of the Submissions shall be subject to any obligation of confidence on the part of Twelling, and Twelling shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Twelling shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Links

The Twelling Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Twelling has no control over such sites and resources, you acknowledge and agree that Twelling 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 Twelling 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.

DISCLAIMER

Twelling uses diligent efforts to maintain the Twelling website, but Twelling is not responsible for any defects or failures associated with the Twelling Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Twelling makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Twelling website, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Twelling website may locate unintended and objectionable content.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

THE TWELLING WEBSITE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. TWELLING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, TWELLING MAKES NO WARRANTY THAT THE TWELLING SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE TWELLING SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE TWELLING WEBSITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TWELLING WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM TWELLING PERSONNEL OR THROUGH THE TWELLING WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWELLING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TWELLING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE TWELLING WEBSITE AND/OR PARTICIPATE IN ANY SWEEPSTAKES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE TWELLING WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TWELLING SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE TWELLING WEBSITE OR OPERATION OF THE TWELLING SWEEPSTAKES. IN NO EVENT SHALL TWELLINGS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TWELLING SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TWELLING, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY TWELLING OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that Twelling, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Twelling website, and remove and discard any Content within the Twelling website, for any reason, including, without limitation, for lack of use or if Twelling believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Twelling may also in its sole discretion and at any time discontinue providing the Twelling website, or any part thereof, with or without notice. You agree that any termination of your access to the Twelling website under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Twelling may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Twelling website. Further, you agree that Twelling shall not be liable to you or any third-party for any termination of your access to the Twelling website.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Twelling relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Twelling's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

Twelling respects the intellectual property of others, and we ask our users to do the same. Twelling may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.


 


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