In order to access the Services, you must register and provide your real name, a valid email address and other contact information. You are responsible for safeguarding the username and password that you use to access the Services. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. TweetSecret cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You are responsible for your use of the Services, for Your Content, for all activities associated with the Services occurring under your account and for any consequences of any of the foregoing. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. The Services are intended for and directed to individuals who are 18 years of age or older. By accepting these Terms, you confirm that you are not less than 18 years old. By creating a TweetSecret account, you confirm that you are either a legal resident or a citizen of the United States. You may use the Services only if you can form a binding contract with us and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Subject to these Terms and your payment of the required fees, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You cannot sublicense, assign, or transfer the license granted to you under these Terms. You agree that you will not: a. store or post any pornography, adult or mature content or links to such content; b. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; c. download, duplicate, record or in any other way reproduce any content or materials made available through the Services; d. copy, store, edit, change, prepare any derivative work of, or alter in any way any of the content or materials made available through the Services; e. make the Services available over a network where it could be used by others; f. translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or any portion thereof except as expressly allowed under applicable law; g. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; h. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or any other action that interferes with or creates an undue burden on the Services; i. circumvent any technology used by TweetSecret or its licensors to protect content or materials accessible via the Services; j. rent, lease or sublicense any of the Services; k. provide your username or password to any other person; or l. use the Services in any way that violates these Terms.
All right, title, and interest in and to the Services (excluding the Secret Videos and content posted by others) are and will remain the exclusive property of TweetSecret and its licensors. The Services, the Secret Videos and all other content or materials made available through the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the TweetSecret name or any of the TweetSecret trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TweetSecret or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute Secret Videos or other content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests or (e) protect the rights, property or safety of TweetSecret, its users and the public. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your rights have been violated in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (d) your contact information, including your address, telephone number, and an email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: TweetSecret, Inc. Attn: Copyright Agent 7925 Santa Monica Blvd, Suite 202 West Hollywood , CA 90046 Email: jeff@TweetSecret.com The Services that we provide are always evolving and their form and nature may change from time to time without prior notice to you. Such changes may include additional functionality or conversely, new limitations on your use of the Services. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. Notwithstanding anything else contained in these Terms, we will have no obligation to continue making the Services available or producing or releasing new versions of the Services or any updates to the Services. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use at our sole discretion at any time without prior notice to you. In consideration for granting you access to and use of the Services, you agree that TweetSecret and our third party providers and partners may place advertising on the Services or in connection with the display of the Secret Videos or information from the Services whether submitted by you or others. You consent to our collection and use of your account information and other information you provide to us, including the transfer of this information to the United States and/or other countries for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your TweetSecret account, which you may not be able to opt-out from receiving. You may opt out of informational or promotional email by changing your account settings.
The Terms will continue to apply until terminated by either you or us as follows. You may cancel your subscription to the Services at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms, (b) you create risk or possible legal exposure for us or (c) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account. In all such cases, these Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Section 1, the second and third paragraphs of Section 2, Section 3 and Sections 5-6. Because the Services, the Videos and all other content or materials made available through the Services are protected by copyright, trademark, and other laws, you may be subject to fines and penalties in addition to termination of your account if you violate these Terms. Nothing in this section shall affect our rights to change, limit or stop the provision of the Services without prior notice as provided above.
Please read this section carefully since it limits the liability of TweetSecret and our parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “TweetSecret Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. No Warranty. YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT OR MATERIALS POSTED VIA THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE TWEETSECRET ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE TWEETSECRET ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES, (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT OR MATERIALS POSTED VIA THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES, (C) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES, (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS AND (E) WHETHER THE FEATURES OR FUNCTIONALITIES OF THE SERVICES WILL BE AVAILABLE AT ANY TIME IN THE FUTURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE TWEETSECRET/BACKSTAGE PASS ENTITIES OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Third Party Advertisements and Links. The Services may present links to third party advertisements, third party web sites or third party services not owned or operated by us. Your dealings with any third parties via the Services are solely between you and such third party and subject solely to the terms and conditions associated with such third party. You agree that TweetSecret is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. Disclaimer of Content. We may not monitor or control content from others or the Secret Videos available via the Services and we cannot take responsibility for such content. Any use or reliance on any materials posted via the Services or obtained by you through the Services is at your own risk. You understand that by using the Services, you may be exposed to content from others that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any such content, whether posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWEETSECRET ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF SUBSCRIBERS OR OTHER THIRD PARTIES, (C) ANY CONTENT OBTAINED FROM THE SERVICES, OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWEETSECRET ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TWEETSECRET, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS HEREIN SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WHETHER OR NOT THE TWEETSECRET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
We may provide you with notices, including those regarding changes to these Terms by email, regular mail or communications through the Services. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control. TweetSecret and you are acting as independent contractors and we are each solely responsible for our actions or inactions. We shall not be deemed to be agents of each other and no joint venture, franchise, partnership, agency, or other relationship shall be created or implied by these Terms. These Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of California. Any legal claim, suit, action or proceeding arising out of these Terms or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Fullerton and Orange County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. These Terms and all other documents that are incorporated by reference herein constitutes the sole and entire agreement between TweetSecret and you with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. No waiver by TweetSecret of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by an authorized officer of TweetSecret and our failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms shall not operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be illegal, unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable, but shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.