TweetBookz.com Terms of Use
TweetBookz.com, Definitely Something Ltd. and our printed books are in no way associated with Twitter. We have nothing but respect for the Twitter company, service and its users.
1. Your Acceptance
Definitely Something Ltd. and its subsidiaries and affiliates (collectively "TweetBookz.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between TweetBookz.com and you governing your use of the Website. By using and/or visiting the www.TweetBookz.com Website or any other Websites owned by TweetBookz.com (collectively the "Website"), you signify your assent to both these Terms of Use and the TweetBookz.com Privacy Policy, which is specifically incorporated into the TweetBookz.com Terms of Use. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, do not use the Website.
2. Website Access
TweetBookz.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without TweetBookz.com's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions contained in these Terms of Use.
By using the Website you hereby undertake not to use it in any manner that may violate the security of any computer network, crack passwords or security encryption codes, transfer material that is deemed threatening or obscene. You will not use the Website in order to run any form of auto-responder, spam, maillist or similar activities.
TweetBookz.com requires Users to authorize their username and password through Twitter.com in order to customize and place an order for a book. Accordingly, by using the Website you hereby undertake to only use your personal username and password and not the username and passwords of anyone else but yourself. Furthermore, by using the Website you hereby undertake to provide TweetBookz.com only with accurate and complete information and to refrain from using as your username and password a username and password of another person for any purpose whatsoever.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the TweetBookz.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TweetBookz.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials (this will never include personal material of users). TweetBookz.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website.
3. The TweetBookz.com Website
These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by TweetBookz.com. TweetBookz.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release TweetBookz.com from any and all liability arising from your use of any third-party website.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for TweetBookz.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to TweetBookz.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of TweetBookz.com or as expressly provided herein. TweetBookz.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
The ideas, suggestions, opinions, comments, and observations made by TweetBookz.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by TweetBookz.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to TweetBookz.com, you hereby grant TweetBookz.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and TweetBookz.com's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you request to remove or delete a User Submission from the Website.
TweetBookz.com expressly disclaims any and all liability in connection with User Submissions. TweetBookz.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. TweetBookz.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
6. Copyright Infringement and Other Offences
TweetBookz.com respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with TweetBookz.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. Furthermore, TweetBookz.com respects any other law or legislation and thus we kindly request you to do the same. TweetBookz.com reserves the right to remove any Content and/or User Submissions in its sole discretion, especially any Submission which may be suspected as or found to be infringing copyright not held by the said User and/or that may be offensive in its nature and/or that may be illegal or violates any laws, including slander or libel. TweetBookz.com also reserves the right to report the IP address from which such Submission has originated to the relevant authorities.
Please note, that if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification, following the guidelines below (which correspond, amongst others, with the provisions of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement 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
- 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 owner of an exclusive right that is allegedly infringed.
TweetBookz.com designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Jacob Shwirtz
Definitely Something Ltd.
27 Montefiore St.
Tel Aviv, 67454
ISRAEL
Or use our online contact form.
Please further note that failure to comply with all of the requirements listed above may render the notice invalid.
7. Modifications to the Website
TweetBookz.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. TweetBookz.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
8. Termination
TweetBookz.com may, under certain circumstances and without prior notice, immediately terminate your ability to access the TweetBookz.com service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated blocking); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) engagement by you in fraudulent or illegal activities; and/or (g) nonpayment of any fees owed by you in connection with the Website or any other TweetBookz.com product.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TWEETBOOKZ.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TWEETBOOKZ.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TWEETBOOKZ.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE's CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY INJURIY OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TWEETBOOKZ.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND TWEETBOOKZ.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWEETBOOKZ.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL TWEETBOOKZ.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TWEETBOOKZ.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TWEETBOOKZ.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11. Third Party Websites
Without derogating from the aforementioned in Ss. 9 & 10 above, Users of the Website authorize via the Twitter website their username and password. Accordingly, please note that TweetBookz.com does not make any representation or warranty whatsoever about any third party site, including (but not limited to) the Twitter website and it also does not endorse the products or services offered on such websites, unless explicitly provided otherwise. It is further emphasized in this respect that TweetBookz.com disclaims all responsibility for contents on third party websites as well as to their contents, security and functionality.
12. Indemnity
By using TweetBookz.com you agree to defend, indemnify and hold harmless TweetBookz.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TweetBookz.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
13. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. TweetBookz.com is not intended for individuals under the age of 18. If you are under 18 years of age, then please do not use the TweetBookz.com Website.
14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by TweetBookz.com without restriction.
15. Copyright Notice
The TweetBookz.com Website is © 2009, Definitely Something Ltd. - All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of TweetBookz.com.
16. Trademarks
All of the TweetBookz.com trademarks are owned by Definitely Something Ltd. and may not be used for any purpose without the prior written permission of Definitely Something Ltd.
17. General
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TweetBookz.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TweetBookz.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
18. Violations of These Terms of Use
Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, through the Contact Form. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, TweetBookz.com in its sole discretion may investigate the matter and take such action as TweetBookz.com determines to be appropriate.
19. Updates to Terms of Use
Terms of Use updated September 30, 2009.
TweetBookz.com Privacy Policy
TweetBookz.com recognizes that its customers, visitors, users, and others (known collectively or individually as "Users") who use http://www.TweetBookz.com (the "Website") value their privacy. This Privacy Policy applies to all of the products, services, and Websites offered by TweetBookz.com, and details important information regarding the use and disclosure of User information collected on the Website.- Your use of the Website and any personal information you provide on the Website remains subject to the terms of this Privacy Policy and the TweetBookz.comTerms of Use.
- TweetBookz.com Privacy Policy applies only to Websites and services that are owned and operated by TweetBookz.com. While other Websites may be displayed as linksfrom within TweetBookz.com, those sites are owned and operated by others, and they may have different privacy policies. When linking from TweetBookz.com to other websites, if you have privacy concerns, we urge you to review the privacy policies of those sites.
1. Information Collection and Use
General
- TweetBookz.com does not require registration.
- TweetBookz.com does require personally identifiable information when an order is placed, including shipping and billing information. If we have trouble processing an order, we will use this information to contact you.
- TweetBookz.com does require users to enter their username and password from Twitter.com in order to customize and place an order for a book. This login information is never stored or saved by TweetBookz.com and is solely used for verification of the user account on Twitter.com.
- TweetBookz.com automatically receives and records other non-personally-identifying information ("Non-Personal Information") on our server logs fromyour browser even if you do not register with TweetBookz.com, for example, your IP address, TweetBookz.com cookie information, and the pages you visit.
- TweetBookz.com uses Non-Personal Information for the following general purposes: improve our services, conduct research, and provide anonymous reporting forinternal and external clients.
Newsletter
- If you wish to subscribe to our newsletter, we will use your email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the "Choice and Opt-out" section. Please see below
Choice/Opt-out
- We provide you the opportunity to "opt-out" of having your personally identifiable information used for certain purposes, when we ask for thisinformation.
- If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included ineach newsletter or communication or use our contact form.
2. Information Sharing and Disclosure
- TweetBookz.com does not rent, trade, or share Personal Information with third parties except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We use other third parties such as a shipping company to fulfill orders, a credit card processing company to bill you for goods sold on our website, and an email service provider to send out emails on our behalf. When you make a purchase on our website or sign up for our email list, we will share the necessary amount of personally identifiable information as necessary for the third party to provide that service, including your name, address, credit card information and email address. These third parties are prohibited from using your personally identifiable information for promotional purposes.
- We provide Non-Personal Information to interested third-parties for purposes of understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.
- We use both your Personal Information and certain Non-Personal Information to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
- We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, or legal process served on our Website.
- We may share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of TweetBookz.com’s Terms of Use, or as otherwise required by law.
- In the event Definitely Something Ltd. goes through a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email of any such change in ownership or control of your personal information.
- Keep in mind that any personal information or comments that you voluntarily disclose on the Website becomes publicly available. Your messages and other information you make available in public areas of the TweetBookz.com website will be seen by people and organizations not related to or controlled by TweetBookz.com, and may be used by others to contact you.
3. Cookies and Web Beacons
- A cookie isa small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site and we do link the information westore in cookies to any personally identifiable information.
- We use bothsession ID cookies and persistent cookies. We use session cookies to makeit easier for you to navigate our site. A session ID cookie expires whenyou close your browser. A persistent cookie remains on your hard drive foran extended period of time. You can remove persistent cookies by followingdirections provided in your Internet browser's "help" file.
- If youreject cookies, you may still use our site, but your ability to use someareas of our site, such as the shopping cart, will be limited.
- TweetBookz.comdoes utilize tracking technology to better understand site trafficpatterns and use. However, none of the information collected via trackingtechnology is personally identifiable information.
- The use ofcookies by our partners, affiliates or tracking utility company is notcovered by our privacy statement. We do not have access or control overthese cookies. Our partners, affiliates, tracking utility company andservice providers use session ID cookies to make it easier for you tonavigate our site, in order for you to use the shopping cart, etc.
- TweetBookz.commay use web beacons in connection with e-mails sent to TweetBookz.comusers, to let us know whether and when the email was opened. No personalinformation is transmitted through web beacons.
4. Confidentiality and Security
- We followgenerally accepted industry standards to protect the personallyidentifiable information submitted to us, both during transmission andonce we receive it. No method of transmission over the Internet, or methodof electronic storage, is 100% secure, however. Therefore, while we striveto use commercially acceptable means to protect your personal information,we cannot guarantee its absolute security. If you have any questions aboutsecurity on our Website, please use our contact form.
- We limitaccess to Personal Information about you to employees who we believereasonably need to come into contact with Personal Information to provideproducts or services to you or in order to do their jobs.
5. Changes and Updates to this Privacy Policy
TweetBookz.com may update this policy at any time in its sole discretion and without prior notice. We will strive to notify you about significant changes in the way we treat Personal Information by placing a notice on the Website.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
6. Dispute Resolution
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. In using this Website you agree to that any cause of action arising out of or related to the Website or Services shall be deemed exhausted and permanently barred unless legal proceedings are commenced within a period of one year.
This Agreement shall be exclusively governed by and construed in accordance with the laws of Israel. Any dispute arising from or relating to the subject matter of this Agreement shall be tried in the authorized court in Tel Aviv only. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Israel and to the Tel Aviv Courts. Use of the Site and Services is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
7. Effective Date
This Privacy Policy was last modified September 30, 2009.
8. Contact Information
If you have any questions or comments about this Privacy Policy, you can contact us at:
Definitely Something Ltd.
27 Montefiore St.
Tel Aviv, 67454
ISRAEL
Or use our contact form.