MEGA LIMITED TERMS OF SERVICE ("TERMS")

Terms of Service

MEGA LIMITED TERMS OF SERVICE ("TERMS")

1. Welcome to MEGA. We are an Internet services provider and provide services made available at our website at https://mega.co.nz, subdomains and related sites ("website"), which enables users (depending which MEGA plan they are on), amongst other things, to encrypt by way of user controlled encryption ("UCE"), use our application programming interface ("API"), upload, store, manage, download and decrypt files, information, material and other data ("data") and give access to that data to others (all together, services). If you have questions about how to use our services or the great things you can do with Mega, see our FAQ first.
2. These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they irrevocably agree to these terms. If you do not like these terms or don't want to be bound, you can't use our services and the website.
3. We can change these terms at any time and we will provide you notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
4. If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our service via the website in accordance with these terms and any plan you have subscribed for.

Your data

5. If you allow others to access your data (e.g. by, amongst other things, giving them a link to, and a key to decrypt, that data), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
6. Our service includes UCE. You should keep your encryption keys safe and confidential and not release them to anyone unless you wish them to have access to your data. If you lose or misplace your encryption keys, you will lose access to your data. We strongly urge you to use robust anti-virus and firewall protection.
7. You must maintain copies of all data stored by you on our service. We do not make any guarantees that there will be no loss of data or the services will be bug free. You are completely responsible to remove all data prior to termination of services.
8. Our service may automatically delete a piece of data you upload or give someone else access to where it determines that that data is an exact duplicate of original data already on our service. In that case, you will access that original data.
9. We will store your data on our service subject to these terms and any plan you subscribe to. If you choose to stop using our services, you need to make sure you retrieve your data first because, after that, we may, if we wish, delete it. If we suspend our services to you because you or someone you have given access to has breached these terms, during the term of that suspension, we may if we wish deny you access to your data. If we terminate our services to you because you or someone you have given access to has breached these terms, we may if we wish delete your data immediately. In circumstances where we cease providing all our services for other reasons, we will, if reasonably practicable and we are not prevented by law from doing so, give you 30 days access to retrieve your data.

What does it cost you?

10. Once you have purchased a plan for our services, you need to pay the fees (if any) for that plan (and any other taxes or duties). We can also change the fees for our services at any time if we give you notice. You can't withhold payment for any reason or claim any set-off without getting our written agreement.
11. If at any time you do not make a payment to us when you are supposed to (including on termination), we can (and this doesn't affect any other rights we may have against you)...
11.1 ...make you pay, on demand, default interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you. You will also need to pay all expenses and costs (including our legal costs) in connection with us trying to recover any unpaid amount from you; and/or
11.2 ...suspend or terminate your use of the service.

What you must do

12. You must:
12.1 make sure you always give us and keep up to date your correct contact and billing details, particularly if these change;
12.2 comply with these terms and any other agreements you have with us;
12.3 make sure that you comply with all laws and rules that relate to your use of the website, the service and any data you upload to our service.

Intellectual Property

Our IP

13. The license that we give you to use the website and our services does not give you the right, and you can't reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
14. You are not allowed to, and you can't let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
15. Without limiting any other provision of these terms, you are only permitted to use the API if: you register at the developer registration page and agree that you may only publish or make available your application after we have approved it pursuant to our application approval process and license agreement available on request at api@mega.co.nz.

Your IP

16. You own, or warrant that you are authorised to use, any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from, our service. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, for the purposes of enabling you and those you give access to, to use the website and the services and for any other purpose related to provision of the services to you.

What you can't do

17. You can't:
17.1 assign or transfer any rights you have under these terms to any other person without getting our written agreement;
17.2 do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar;
17.3 infringe anyone else's intellectual property (including but not limited to copyright) or other rights in any material.
17.4 resell or otherwise supply our services to anyone else without our prior written consent;
17.5 use our website or a service, including, without limitation, any communication tools available through the website, or any forum, chat room or message centre that we provide:
17.5.1 to store, use, download, upload or otherwise transmit, data in violation of any law (including to breach copyright or other intellectual property held by us or anyone else);
17.5.2 to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
17.5.3 to abuse, defame, threaten, stalk or harass anyone;
17.5.4 to store, use, download, upload or otherwise transmit, unsuitable, offensive, obscene or discriminatory information of any kind;
17.5.5 to run any network scanning software, spiders, spyware, robots, open relay software or similar software;
17.5.6 to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system;
17.5.7 to use any software or device which may hinder the services (like mail bombs, war dialing, pinging etc.);
17.5.8 to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access; or
17.5.9 to try to trick or defraud anyone for any reason (e.g. by claiming to be someone you are not).
18. If you register with us, we will provide you with a password to associate with your specific username. You need to make sure your username and password is secure and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password. MAKE YOUR PASSWORD A STRONG ONE AND KEEP IT SECURE.

Infringement Notices

19. We respect the copyright of others and require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
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 content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 including for example the uniform resource locator(s) (URL); (iv) your contact information, including your address, telephone number, and an email address; (v) 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury (unless applicable law says otherwise), that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will will also terminate your account if you are determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement is:
Mega Limited Copyright Agent
Antonio Frank Lentino
Private Bag 1
Wellsford 0940
New Zealand
E-mail: copyright@mega.co.nz

Copyright Counter Notices

20. To file a counter-notification with us, you must provide a written communication to copyright@mega.co.nz that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. The location of the original claimant, and whether or not it was submitted under United States law (governed by the United States Digital Millennium Copyright Act, Section 512 g), determines which if any type of counter-notification you may file. A counter-notification must include at least the following specific elements and any other elements required by applicable law: Identification of the specific URLs of material that has been removed or to which access has been disabled. Your full name, address, telephone number, email address and the username of your MEGA account. The statement "I will accept service of process from the person who provided MEGA with the original copyright complaint or an authorised agent of such person." The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Signature. A scanned physical signature or a valid electronic signature will be accepted. We can only accept a counter-notification directly from the user from whose account a URL or file has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account. Our preferred method of counter-notification submission is via email to copyright@mega.co.nz After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way.
If you are filing the counter notice under the DMCA please add the following elements to your counter notice: State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located; State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us. Include the following statement above your signature: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled".

Suspension and Termination

21. You can terminate your access to the website and our services at any time by sending an email to support@mega.co.nz requesting termination. However, we will not provide any part- refund for any time not used on any subscription you may have.
22. We can immediately suspend or terminate your access to the website and our services without notice to you if you breach any of these terms or any other agreement you have with us. If you are not a registered user, we may suspend or terminate your access to website and our service at any time, without notice to you.
23. We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.
24. All charges outstanding on your account must be paid at termination.

Communication Conditions

25. As with any other web-based forum, you must exercise caution when using any communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.

Export Control

26. You may not use, export, re-export, import, or transfer any software or code suplied as part of your use of the website or our services: (a) into any United States or New Zealand embargoed countries ; or (b) to anyone listed as a specifically prohibited recipient by the United States Government or New Zealand Government. By using the website and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the website or our services for any purpose prohibited by United States, New Zealand or any other law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

Severability and Waiver

27. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.

Force Majeure

28. We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.

Entire Agreement

29. These terms, our Privacy policy, the terms of any plan you purchase and any other provisions expressly referenced in these terms, together constitute the entire agreement between us relating to your use of the website and our services. They supersede and replace any prior agreement, arrangement or understanding between you and us regarding the webiste and our services.

DISCLAIMERS

30. WE DON'T GIVE YOU ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE WHICH ARE PROVIDED "AS IS". TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.
31. We will try to give you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be without any faults, bugs or interruptions.
32. Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
33. Information on our website will change regularly. We will try to keep our website up to date and correct, but again, we do not make any promises or guarantees about the accuracy of the information on our website.
34. We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
35. We also aren't legally responsible for:
35.1 any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
35.2 devices or equipment that we do not own or have not given you;
35.3 if you do not follow our instructions or these terms or our Privacy Policy;
35.4 any actions or non-actions of other people which disrupt access to our website including the
35.4.1 content of any data;
35.4.2 content of ads appearing on our website (including links to advertisers' own websites) as the advertisers are responsible for the ads (we don't endorse the advertisers' products);
35.4.3 content of other people's websites even if a link to their website is included on our website (we just include the links for convenience to you).
36. You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction (such as the Consumer Guarantees Act 1993 in New Zealand) do not apply to the supply of the services, the website or these terms.

LIMITATION OF LIABILITY AND INDEMNITY BY YOU

37. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
38. YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
39. IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS.
40. DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.

Disputes and Choice of Law

41. Any and all disputes arising of this agreement, termination, or our relationship with you shall be determined by binding arbitration under the Arbitration Act 1996 in Auckland, New Zealand, by one arbitrator who shall be a lawyer knowledgable in relevant technology matters appointed by the President for the time being of the Arbitrators and Mediators Institute of New Zealand Incorporated (AMINZ) on a request by either you or us.
42.1 Notice must be given to apply for any interim measure in the arbitration proceeding.
42.2 The arbitration proceeding will commence when a request is made to AMINZ to appoint an arbitrator.
42.3 The arbitration shall be in English. The Arbitrator in his or her discretion may permit the parties and witnesses to appear by videoconference.
42.4 The relationship we have with you under these terms is governed by New Zealand law. You and we submit to the exclusive jurisdiction of the New Zealand arbitral tribunals and courts (for the purposes of that arbitation) and the parties agree to enforcement of the arbitral award and orders in New Zealand and any other country.

Information and Privacy

43. We reserve the right to disclose data and other information as required by law.
44. You and anyone else you give access to are also bound by our Privacy Policy. By accepting these terms, you also accept our Privacy Policy.

Notices

45. You can contact us by writing to support@mega.co.nz. If we need to contact you or provide you with Notice we will email you at the email address you gave us when you set up your access to the services and/or through any internal messaging system we provide.

Rights to Third Parties

46. Employees, officers, agents, authorised suppliers of services to and authorised resellers of, our services, are entitled to the benefit of all indemnities and other provisions of these terms which are for the benefit of Mega.

Chirpstory Terms of Use

Chirpstory is a product of Togetter Inc. In order to use the services (the "Services") provided via Chirpstory ("this Site"), you must agree to the Chirpstory terms of use (the "Terms of Use").

Article 1. Acceptance of the Terms of Use and Changes

1. Persons using the Services ("Users") provided by Togetter Inc. ("Togetter") via this Site must agree to the Terms of Use as a condition of using the Services. Use of the Services constitutes acceptance of all of the provisions of the Terms of Use by a User.
2. Togetter may change the Terms of Use without prior notice or warning to the Users. When the Terms of Use are changed, the new Terms of Use become effective when a User uses the Services following the change. Use of the Services following a change in the Terms of Use constitutes acceptance of the new Terms of Use by a User.

Article 2. Important Considerations Concerning Use of the Services

1. Users are solely responsible for registering, changing, and managing the information registered by them at the Site in connection with using the Services, including Twitter account information.
2. Use of the Services via a Twitter account that the User has registered with Twitter is considered use of the Services by the User that owns that Twitter account. Any consequences, liability, or damages arising from such use are the responsibility of the User who owns that Twitter account.
3. If Togetter or another party suffers damages arising from the unauthorized use of a User's Twitter account, the User must compensate Togetter or the third party for such damages.
4. Togetter will not be liable for any damages or harm suffered by a User due to false or inaccurate Twitter account registration information.
5. If Togetter determines that any of the information posted or curated by the User ("user content") through the Service violates the Terms of Use, Togetter may hide or delete all or some of such user content, without prior notice or warning to the User.
6. When deemed necessary in order to protect Togetter or User rights, property, or services, or to protect another party's life, physical person, or property, Togetter may disclose or provide user content to a court of law, criminal investigator, or other public institution to the extent deemed necessary to afford such protection.
7. The use of the Services is free of charge to Users, except for certain services and content. However, Users are responsible for any telecommunications charges arising from the use of the Services.

Article 3. Personal Information

Togetter handles User personal information appropriately in accordance with “Togetter Privacy Policy” specified separately.

Except as provided below, Togetter will not provide personal information to a third party without the consent of the User:

1. When permitted by the Act on the Protection of Personal Information or other relevant laws or regulations;
2. When it is necessary to protect a person's life, physical person or property, but it is difficult to obtain the consent of the individual who is the subject of the personal information;
3. When outsourcing work related to the Services to a third party, in whole or in part;
4. When disclosing information to a party that has a confidentiality obligation to Togetter;
5. When it is especially necessary in order to improve public health or to promote child welfare, but it is difficult to obtain the consent of the individual who is the subject of the personal information;
6. When there is a request for personal information from a court of law, public prosecutor's office, police agency, tax office, bar association, or other institution with equivalent authority;
7. When disclosing information to a party that is taking over the operation of the Services in conjunction with a change in the operator of the Services due to a merger, business transfer or some other reason; and
8. When otherwise deemed necessary in the exercise of Togetter's rights.

Article 4. Copyright Policy

1. Togetter has obtained a license from Twitter for the copyrights to the Twitter posts curated by the Users of the Services. Users are only permitted to curate Twitter posts as an adjunct of Togetter. Users do not have the copyrights to the Twitter posts that they have curated using the Services, except for material posted on Twitter by the User him/herself. If a social media curation of Twitter posts that a User has curated using the Services is copyrighted, the User grants a worldwide license to use the social media curation to Togetter (including the right to grant licenses) free of charge, and will not invoke moral rights with respect to Togetter's use of such copyrights (including use by those who have been sublicensed).
2. Users retain copyrights to the material they have posted as their own comments in using the Services (copyrighted material). However, material posted by Users using the Services (copyrighted material) may be used on this Site or on sites affiliated with Togetter, or other media or services. Users will not invoke moral rights with respect to Togetter's use of copyrighted material pursuant to this paragraph.
3. Except for copyrights associated with material posted by Users of the Services, the copyrights and intellectual property rights for the Services and information related to the Services belong to Togetter, the rights holders who have licensed use thereof to Togetter, and the rights holders who have licensed use thereof to those rights holders. Users may not copy, transfer, rent, translate, modify, reproduce, publicly transmit (or make transmittable), convey, distribute, publish, or use such material for commercial or other purposes without permission.

Article 5. Restrictions on Use of Services

Togetter may restrict functionality for a User when it has determined that any of following have occurred in connection with the User's use of the Services:

1. When a person who has violated the Terms of Use in the past is using the Services;
2. When it is determined that the Services are being used to impersonate Togetter or a third party;
3. When the Services are being used to post or curate material that contains expressions that are offensive to others or that violate standards of decency;
4. When a User commits any of the prohibited acts listed in Article 6; or
5. When Togetter determines that the Services have been used inappropriately for reasons other than those listed above.

Article 6. Prohibited Acts

In using the Services, Users are strictly forbidden from curating or compiling posts, posting comments, or committing any other acts that correspond to any of the acts listed below (including curating or compiling Twitter posts that correspond to any of the acts listed below). Irrespective of whether there is any intentional act or negligence on the part of the User, if Togetter determines that any of the following acts have been committed, Togetter may delete or hide, without prior notice or warning to the User, such social media curations, compilations, or comments, or take other necessary measures such as suspending use of the Services or restricting access to its features. Togetter will not respond to any inquiries regarding such measures or the measures taken against a User for violating the provisions of this section.

1. Acts that violate, or may violate, laws and regulations, standards of decency, or social norms
2. Criminal acts or antisocial acts, or acts that aid, encourage, promote, or contribute to such acts
3. Acts that infringe, or may infringe, the copyrights, patents, trademarks, or other intellectual property rights belonging to Togetter or a third party or other intellectual property rights including trade secrets.
4. Acts that unfairly discriminate against or slander or defame Togetter or a third party; acts that harm the credit or reputation of Togetter or a third party; and acts that infringe, or may infringe, on the privacy rights, publicity rights, likeness rights, or any other rights belonging to Togetter or a third party
5. Acts that violate the laws and regulations of the region in which Togetter provides the Services
6. Acts that could cause damage or harm to Togetter or a third party
7. Acts that an ordinary user would perceive as discriminatory based on nationality, ethnicity, race, social status, gender, ideology, religion or age
8. Acts involving photographs, images, videos or other representations of brutality, violence or atrocities including murder or mutilation; or involving photographs, images, videos or other representations that could be upsetting to an ordinary user
9. Acts that recommend, promote, induce, or encourage murder, robbery, or other violent acts, or suicide, self-injury, the use of controlled substances or other criminal or self-destructive behavior
10. Acts involving any representation of child pornography, child abuse, or obscene images of sexual activity or genitalia; or involving representations of sexual activity or any activity equivalent to sexual activity (prohibited irrespective of whether the image has been pixilated or has artistic merits)
11. Posting links to sites for downloading (including streaming) video images (irrespective of whether such images have been altered) that involve obscenity, child prostitution, or child pornography
12. Posting links that direct to adult sites or to sites that sell adult merchandise
13. Seeking encounters with unacquainted persons of the opposite sex or acts intended to lure people into such encounters
14. Engaging in illegal betting or gambling, or recommending, inducing, inviting, or encouraging participation in such activity
15. Other acts that are injurious to the welfare of minors
16. Commercial promotion, advertising or soliciting without Togetter's approval
17. Social media curations or comments that include affiliate links
18. Social media curations or comments soliciting others for multi-level marketing programs, pyramid schemes, chain mail, or paid to read email schemes
19. Social media curations or comments containing personally identifiable information such as a person's address, name, email address, telephone number or financial institution account number
20. Social media curations or comments with the aim of spreading malicious content, such as computer viruses, one-click fraud sites, or phishing sites
21. Acts aimed obtaining personally identifiable information, such as another person's address, name, email address, or telephone number
22. Social media curations or comments containing information that is false or is intended to mislead another person
23. Using the Services in a manner that puts an unreasonable burden on servers beyond the scope contemplated for normal usage, or that contributes to this; or that otherwise interferes, or may interfere, with the operation of the Site, the ability to provide the Services, or the ability of other Users to use the Services
24. Using the Services, in whole or in part, for commercial purposes without the approval of Togetter
25. Impersonating another person
26. Conducting religious or political activities not allowed by Togetter
27. Acts that violate Twitter's Terms of Service
28. Other acts determined to be inappropriate by Togetter

Article 7. Disclaimers

1. Togetter reserves the right to change, suspend, or terminate the Services without notifying Users in advance. Togetter will not be liable to Users for any interruptions in the use of the Services arising from such a change, suspension, or termination of the Services or from a change, suspension, or termination of the Services arising from an incident or accident.
2. Togetter does not replicate the data stored on the Services' servers, including Users' curated and compiled Twitter posts, as a precaution against loss or damage. Togetter will not restore data that is stored on the servers that is lost or damaged for any reason.
3. Togetter will not be liable for any damages arising in connection with a User's use of the Services.

Article 8. User Responsibilities

1. If a conflict arises between a User and other users or third parties through the Services, it is the User's responsibility to resolve such conflict, and if Togetter, other Users, or other third parties incur damages as a result, the User will provide restitution.
2. If a User violates the Terms of Use or infringes on a third party's rights in using the Services, the User will be financially and otherwise responsible for resolving such claims and will compensate Togetter for any damages that arise.
3. Users will compensate Togetter for any other damages resulting from the User's user of the Services.

Article 9. Operation of the Services

1. Users are responsible for managing the user content that they have created, and they will respond promptly and in good faith to any requests from other users to delete or hide material.
2. Users are also responsible for managing the comments posted by other users on the user content that they have created, and accept that such posts are to be treated in the same manner as the social media curation and comments that they themselves have posted and curated.
3. If it becomes difficult for the creator of user content to continue managing such user content for any reason, the user content may be deleted or hidden after a certain period of time.
4. If a User violates the Terms of Use either intentionally or through negligence, Togetter may delete the user content.

Article 10. Controlling Law and Jurisdiction

1. The Terms of Use will be construed and applied in accordance with the laws of Japan.
2. When there is a request for mediation concerning a dispute between Togetter and a User, the supervising court will be the Tokyo Summary Court or the Tokyo District Court.
3. The Tokyo Summary Court or the Tokyo District Court is the exclusive court with jurisdiction when bringing a legal action in connection with a dispute between Togetter and a User.

Effective January 17, 2011

Last modified April 1, 2012

License Agreement for SmartGit/Hg

Last date of change: 2013-06-24

1 Subject of the Contract: The license terms of syntevo GmbH (hereinafter called "licensor") are applied for the concession of the rights of use for the entire or partly use of the object code of the software SmartGit/Hg (hereinafter called "SOFTWARE") to contractors, juristic persons under public law or official fund assets in terms of §310 in conjunction with §14 BGB [Civil Code] (hereinafter called "licensee"). Herewith the inclusion of the licensee's own terms and conditions is contradicted, unless their validity has explicitly been agreed to.

2 Scope of the Rights of Use

2.1 The following terms are valid for the assignment and use of the SOFTWARE for an unlimited period of time including any documentation and the license file (a file that is custom-made for each individual granting of a license, the file being necessary for the operation of the SOFTWARE).

2.2 They are not valid for additional services such as installation, integration, parameterization and customization of the SOFTWARE to the licensee's requirements.

3 Rights of Use

3.1 The SOFTWARE is partly copyrighted in favour of the licensor and partly in favour of other holders of rights.

3.2 The SOFTWARE is handed over to the licensee for its intended use. The scope of the intended use as well as the kind and scope of the rights of use result from the assignment contract and said license terms. They especially depend on whether the licensee gets a

• SOFTWARE Non-Commercial License,
• SOFTWARE Commercial License,
• SOFTWARE Enterprise License.

3.2.1 If a SOFTWARE Non-Commercial License is agreed upon with the licensee, the licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 5 and terminated according to the terms of clause 3.2.1.1, to have the SOFTWARE used

• on a arbitrary number of single-user computers or on a central server or via terminal server clients,
• simultaneously by a arbitrary number of users,
• solely for non-commercial purposes. A purpose is non-commercial only if it is in no manner primarily intended for or directed toward commercial advantage or private monetary compensation.
  Examples of non-commercial purposes:
  • you are using the SOFTWARE to work on open-source projects,
  • you are a student and you are using the SOFTWARE for your academic projects,
  • you are using the SOFTWARE in your spare time to manage the website source of your local football club for free.
  Examples of commercial purposes, i.e. when you will need a Commercial License:
  • you are using the SOFTWARE to work on open-source as well as on your company's projects,
  • you are a student and you are using the SOFTWARE for your work as a freelancer,
  • you are using the SOFTWARE in your spare time to manage the website source code of your local football club and you are getting paid for that.

3.2.1.1 The Non-Commercial License is only valid for the latest version of the SOFTWARE as it is published on licensor's website and for all versions which have been first published not earlier than 3 months prior to the latest published version ('License Transition Period'). The SOFTWARE may contain a feature which enforces the termination of the Non-Commercial License for older versions by making them stop working after the License Transition Period.

3.2.2 If a SOFTWARE Commercial License or a SOFTWARE Enterprise License is agreed upon with the licensee, the licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 5 or permanent, to have the SOFTWARE used

• on a central server or via terminal server clients or as an in situ installation on single-user computers
• by the agreed-upon number of all users nameable on demand, that means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily. Every user known by name can be replaced by another user known by name only once in a month. From that time on, said first user must not use the SOFTWARE anymore and said second user may start to use the SOFTWARE. At no time must the number of the users known by name exceed the number of the acquired licenses (example: If the licensee has bought the SOFTWARE for five users whose names he can indicate on demand, only these five users may use the SOFTWARE. This is true independently of the number of the respective installations and of the fact if they are done on a central server or via terminal server clients or as a local installation on single-user computers).

3.3 The licensee undertakes to take care that the intended use of the SOFTWARE is assured by appropriate technical and organizational measures.

3.4 The licensee is obliged to back up the data orderly and regularly (especially with respect to working copies and repositories).

3.5 The licensee is entitled to produce one backup from the SOFTWARE.

3.6 The licensee is not entitled to translate, process, arrange the SOFTWARE differently or adapt or alter it and to copy the achieved results.

3.7 The licensee is not entitled to distribute the SOFTWARE. This comprises any form of sublicensing, especially selling, letting, leasing or lending. Passing on the license file, a text file showing name and address of the licensee as well as an electronic signature which allows the technical exploitation of the SOFTWARE is also considered to be a form of distribution.

3.8 The licensee is not entitled to make the SOFTWARE publicly accessible in such a way that it is accessible to the public at any place and at any time.

3.9 The licensee undertakes not to decompile the SOFTWARE.

4 Demo

4.1 If the SOFTWARE is handed over only for test purposes, the licensor grants the licensee the non-exclusive, non-transferable right, limited to the test period of thirty-one (31) days, to have a non-registered copy of the SOFTWARE (demo) used on a arbitrary number of single-user computers or on a central server or via terminal server clients by a arbitrary number of users simultaneously for test purposes only, that means not productively, which again means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.

4.2 The demo of the SOFTWARE includes a function that terminates the use of the SOFTWARE after the expiration of the test period. After the payment of the agreed-upon license fee and the agreement to said license terms within the agreed-upon scope, this function is deactivated and the licensee gets the agreed-upon rights of use according to these license terms. Bypassing this technical protective function results in an immediate loss of all conceded rights of use. In this case a termination according to clause 5 is no longer applicable.

5 Liability

5.1 When the SOFTWARE is handed over cost-free or for test purposes, the licensor is only liable in case that malice or gross negligence are blamed on him.

5.2 The licensee's rights on indemnification due to a certain lack are excluded, if, for example, he has known the lack at the conclusion of the contract, especially when there had been a test phase before that date. If the licensee has not known of a lack due to gross negligence, he can only claim rights with respect to that lack if the licensor had fraudulently concealed the lack or had taken over a guarantee for the quality of that object.

5.3 In case of data loss the licensor is only liable for the effort that would have been necessary for the recovery of the data, provided that the data backup was properly executed by the licensee.

5.4 For the rest, kind and scope of liability are fixed in the respective sales contracts.

5.5 If a third party asserts rights against the licensee because of claimed infringement of the SOFTWARE, the licensee is entitled to the rights defined in the corresponding sales contract. However this only applies, if the licensee immediately notifies the licensor about the claims of the third party, does not accept any claimed infringement and either leaves any legal actions, including possible out-of-court arrangements, to the licensee or only consummates them in agreement with the licensee.

6 Cancellation of the Rights of Use

6.1 If the licensee culpably and seriously violates the agreed-upon rights of use or intellectual property rights of the entitled person, the licensor can cancel the rights to use the respective SOFTWARE. In this case the fee will not be refunded.

6.2 In case of cancellation the licensee is obliged to destroy the original of the SOFTWARE affected by the cancellation including any documentation and all copies or to return them to the licensor. If demanded by the licensor, the licensee will deliver a statement certifying the destruction.

6.3 The other legal provisions remain untouched.

7 Reference

7.1 The licensee grants the licensor the right to make the licensee's company name and/or logo publicly available on the licensor's website for referencing purposes (reference list).

7.2 The licensee does not have a right to request the inclusion into the licensor's reference list.

7.3 The licensee always can request in written form to be removed from the licensor's reference list. The licensee's entry will be removed in an adequate period of time after receiving the removal request.

8 Applicable Law and Place of Jurisdiction

8.1 The law of the Federal Republic of Germany is applicable for all legal relationships of the parties excluding the laws on the international sale of goods.

8.2 If the licensee is a merchant, a juristic person under public law or a person having special property under public law, the exclusive place of jurisdiction for all disputes from this contract will be the licensor's place of business. The same is applicable for the case when the licensee does not have a domestic place of general jurisdiction in Germany or the licensor's residence or habitual abode are not known at the time of filing an action. The licensor's capacity to apply to the court of a different place of jurisdiction remains untouched.

9 The following third parties have rights on parts of the SOFTWARE:

• Hg4J, copyright by TMate Software s.r.o. (http://hg4j.com/). The corresponding license agreement can be found in the file licenses/HG4J-LICENSE.
• Java-Prettify, copyright by Chan Wai Shing (https://code.google.com/p/java-prettify/).
  The corresponding license agreement (Apache License 2.0) can be found at https://code.google.com/p/java-prettify/.
• JGit, copyright by various authors (http://repo.or.cz/w/jgit.git and http://jgit.org).
  The corresponding license agreement can be found at http://repo.or.cz/w/jgit.git/blob/HEAD:/LICENSE or in the file licenses/JGIT-LICENSE within the installation directory of SmartGit/Hg.
• JNA, copyright 2008 by Timothy Wall and Wayne Meissner (https://jna.dev.java.net)
  The corresponding license agreement can be found at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html or in the file licenses/JNA-LICENSE within the installation directory of SmartGit/Hg.
• JOpt-Simple, copyright by various authors (http://sourceforge.net/projects/jopt-simple/). The corresponding license agreement can be found in the file licenses/JOPT-SIMPLE-LICENSE (MIT license) within the installation directory of SmartGit/Hg.
• JSon-Simple, copyright by various authors (https://code.google.com/p/json-simple/). The corresponding license agreement (Apache License 2.0) can be found at https://code.google.com/p/json-simple/.
• JMySpell, copyright 2007 by DreamTangerine (dreamtangerine@hotmail.com)
  The corresponding license agreement can be found at http://javahispano.net/projects/jmyspell/ or in the file licenses/JMYSPELL-LICENSE within the installation directory of SmartGit/Hg.
• Log4j, copyright by Apache Software Foundation
  The corresponding license agreement can be found at http://www.apache.org/licenses/LICENSE-2.0 or in the file licenses/LOG4J-LICENSE within the installation directory of SmartGit/Hg.
• SWT+JFace, copyright by Eclipse (http://eclipse.org). The corresponding license agreement can be found at http://www.eclipse.org/legal/epl-v10.html.
• SVNKit, copyright by TMate Software s.r.o. (http://svnkit.com/) The corresponding license agreement can be found in the file licenses/SVNKIT-LICENSE within the installation directory of SmartGit/Hg.
• Trilead SSH API, Copyright (c) 2007 Trilead AG (http://www.trilead.com). All rights reserved.
  The corresponding license agreement can be found at http://www.trilead.com/Products/Trilead_SSH_for_Java/license/ or in the file licenses/TRILEAD-LICENSE within the installation directory of SmartGit/Hg.

The licensee is obliged to abide by these third parties license terms. Consequently they are part of this license agreement. 

Draftsight : EULA

This End User License Agreement for No-Charge Software ("Agreement") is made by and between Dassault Systèmes SA, 10 rue Marcel Dassault, 78140, Vélizy-Villacoublay, France ("DS") and you ("Licensee").

IMPORTANT – READ CAREFULLY: The terms and conditions below set forth a legal agreement between DS and Licensee relating to the data processing program license distributed with, or otherwise subject to, this Agreement (the "Licensed Programs(s)"). Licensee should carefully read these terms and conditions BEFORE downloading and installing the Licensed Program(s).

1.    LICENSE

DS hereby grants to Licensee a no charge, non-transferable and non-exclusive license to use the Licensed Program(s) solely in accordance with this Agreement. Unless otherwise agreed in writing by DS in a separate agreement: (i) Licensee acknowledges and agrees that DS shall have no obligation to provide any services, support or maintenance for the Licensed Program(s) under this Agreement, and (ii) the Licensed Program(s) may be installed, executed and accessed by Users on hardware belonging to Licensee ("Machines"), and may not be executed or accessed by any other means, including without limitation via a network. "Users" include Licensee as well as its employees, students, consultants and subcontractors who access the Licensed Program(s) on Machines. Licensee may make the necessary number of copies of the applicable Licensed Program(s) for installation and one copy for back-up of each Licensed Program in support of Licensee's authorized use pursuant to this Agreement. No rights including any right to use, reproduce, display, other than those specifically described in this Agreement are granted to Licensee. Except to the extent permitted by applicable law, Licensee shall not analyze for purposes competitive to DS, reverse engineer, decompile, disassemble, or otherwise translate all or part of the Licensed Program(s). In the event Licensee wishes to ensure the interoperability, within the limits of its authorized use as defined in this Agreement, of the Licensed Program(s) with other computer software or with equipment under conditions provided for by law (including without limitation laws implementing the directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs), Licensee must ask DS for a license to use standard interfaces, exclusively for internal use to achieve interoperability. DS will grant Licensee a license to use the standard interfaces at the then current prices and contractual conditions of DS or, if standard interfaces are not available, DS, for a fee, may provide Licensee with the necessary information to permit interoperability. Licensee is not authorized to give access to these interfaces to any person other than Users.

2.    TERM & TERMINATION

This Agreement shall come into full force and effect upon Licensee's acceptance of these terms and conditions, which acceptance is indicated by selecting the "Accept" button in the dialog presenting this Agreement, by downloading and/or installing and/or using the Licensed Program(s), and/or by your acceptance of another agreement that references and incorporates this Agreement, whichever occurs first. This Agreement may be terminated at any time by DS for any breach hereof upon notice to Licensee. Periodic activation may be required by Licensee in order to continue use of the Licensed Program(s). Use of the Licensed Program(s) may be interrupted until necessary activation steps are taken by Licensee. Upon termination hereof, Licensee shall immediately uninstall and delete all copies of the Licensed Program(s) and discontinue use of the Licensed Program(s). The sections entitled "PROTECTION AND NON-DISCLOSURE", "WARRANTY AND DISCLAIMER OF WARRANTY, RISK OF USE, LIMITATION OF LIABILITY AND INDEMNITY" and "GOVERNING LAW AND JURISDICTION" shall survive termination of this Agreement.

3.    PROTECTION AND NON-DISCLOSURE

The Licensed Program(s), including any copies made by or for Licensee, in whole or in part, are the sole property of DS or its licensor(s). All intellectual property rights in the Licensed Program(s) belong exclusively to DS or its licensor(s). DS and/or its licensors shall retain all title, copyright and other intellectual property rights in the Licensed Program(s) and all modifications, enhancements or other works derivative of the Licensed Program(s).

Licensee shall preserve and reproduce any copyright, patent and trademark notices which may appear in the Licensed Program(s) on all copies thereof, in whole or part. Licensee shall keep full, true and accurate records of all copies of the Licensed Program(s), which records shall be available for audit by DS.

Licensee recognizes that the methodologies, techniques, expressions, ideas and concepts contained in or expressed within the Licensed Program(s) are proprietary information and trade secrets of DS or its licensor(s). Licensee shall treat them as confidential information and never disclose them.

4.    LICENSEE'S RESPONSIBILITIES

Licensee is solely responsible for supervising, managing and controlling the use of the Licensed Program(s) in compliance with this Agreement, and shall take all appropriate measures, including with Users, to ensure such compliance, including without limitation compliance with its authorized use, and confidentiality obligations. Export to Licensee of Licensed Program(s) is subject to all applicable countries' export and re-export laws and regulations. DS shall have no liability whatsoever towards Licensee if such authorizations, licenses or approvals are not obtained. Licensee shall not export or re-export, either directly or indirectly, Licensed Program(s) when such export or re-export requires an export license or other governmental approval without first obtaining such license or approval. Licensee hereby certifies to Licensor that the Licensed Program(s) ordered hereunder will not be used in any nuclear, chemical, biological, weapons or missile delivery systems and will not be diverted to any country, company or individual that is prohibited by the applicable export laws of any country.

5.    WARRANTY AND DISCLAIMER OF WARRANTY, RISK OF USE, LIMITATION OF LIABILITY AND INDEMNITY

THE LICENSED PROGRAM(S) ARE MADE AVAILABLE ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DS OR ITS LICENSOR(S) BE LIABLE FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, PROFIT, REVENUE, OR GOODWILL, WHETHER BASED IN CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATING TO LICENSEE'S USE OF THE LICENSED PROGRAM(S), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SUPPLYING OF THE LICENSED PROGRAM(S), EVEN IF DS OR ITS LICENSOR(S) ARE AWARE OF OR ARE NOTIFIED OF THE POSSIBILITY THEREOF. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. LICENSEE'S USE OF LICENSED PROGRAM(S) SHALL BE AT LICENSEE'S SOLE RISK. LICENSEE SHALL INDEMNIFY AND HOLD DS HARMLESS FROM ANY AND ALL LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF THIS AGREEMENT OR LICENSEE'S USE OF THE LICENSED PROGRAM(S) UNDER THIS AGREEMENT.

6.    GOVERNING LAW AND JURISDICTION

Except as expressly permitted herein, this Agreement may be modified only by written amendment signed by the parties and no other act, document, usage or custom shall be deemed to amend or modify this Agreement, including but not limited to Licensee's terms and conditions. The Agreement shall be governed and construed in accordance with the laws of France. The Commercial Court of Paris ("Tribunal de Commerce de Paris") shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement, however, the parties acknowledge and agree that in the event that the subject matter of any such dispute is intellectual property, DS shall have the right to bring any such dispute before the French Civil Court having jurisdiction pursuant to the French Code of Civil Procedure ("Code de Procédure Civile"). Licensee acknowledges and agrees that the last two sentences above shall not prevent, restrict or otherwise limit in any manner, DS' rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction.

7.    U.S. GOVERNMENT RESTRICTED RIGHTS

If Licensee is an agency or unit of the U.S. Government, or obtains the Licensed Program(s) for the benefit of the U.S. Government, the Licensed Program(s) and the related Documentation are "commercial items," specifically "commercial computer software" and "commercial computer software documentation," and, consistent with FAR 12.212 and DFARS 227.7202, as applicable, are licensed to Licensee only with those rights as are granted pursuant to this Agreement. This provision shall survive any termination or expiration of the Agreement.

TORIBASH LIMITED USE SOFTWARE LICENSE AGREEMENT

        This Limited Use Software License Agreement (the "Agreement") is a legal

agreement between you, the end-user, and Nabi Studios Pte  Ltd ("Nabi"). By

continuing the installation of this game program, by loading or running the

game, or by placing or copying the game program onto your computer hard drive,

you are agreeing to be bound by the terms of this Agreement. If you do not

agree to the terms of this Agreement, promptly remove the game program and the

accompanying data files and contact Nabi for a full refund.

Nabi Studios Pte  Ltd LICENSE

        1.     Grant of License. Nabi grants to you the limited right

to use one (1) copy of the enclosed or foregoing game program (the "Software")

on a single computer. You have no ownership or proprietary rights in or to the

Software or the written materials accompanying the Software. For purposes of

this section, "use" means loading the Software into RAM, as well as installation

on a hard disk or other storage device. The Software, together with any archive

copy thereof, shall be destroyed when no longer used in accordance with this

Agreement, or when the right to use the Software is terminated. You agree that

you will not utilize, in any other manner, the Software in violation of any

applicable law.

        2.     Commercial Use is Prohibited. Under no circumstances shall you,

the end-user, be permitted, allowed or authorized to commercially exploit the

Software, any data comprising the Software. Neither you nor anyone at your

direction shall do any of the following acts (any such acts shall be deemed void

and a breach of this Agreement) with regard to the Software, or any portion

thereof, such as a screen display or a screenshot:

        a.     Rent the Software;

        b.     Sell the Software;

        c.     Lease or lend the Software;

        d.     Offer the Software on a pay-per-play basis;

        e.     Distribute, by electronic means or otherwise, the Software for

   money or any other consideration; or

        f.     In any other manner and through any medium whatsoever

  commercially exploit the Software or use the Software for any

  commercial purpose.

        3.     Additional Prohibited Uses. Neither you nor anyone at your

               direction shall take the following action in regard to the Software,

               or any portion thereof, such as a screen display or a screenshot:

        a.     Modify, disassemble, reverse engineer or decompile the Software;

        b.     Translate the Software;

        c.     Reproduce the Software;

        d.     Publicly display the Software;

        e.     Prepare derivative works based upon the Software; or

        f.     Distribute, by electronic means or otherwise, the Software.

        4.     Use of Other Material is Prohibited. Use, in any manner, of the

trademarks, such as Toribash(tm) logo, logos, symbols, art work, images,

screen displays or screenshots, sound effects, music, and other such material

contained within, generated by or relating to the Software is prohibited.

        5.     Restrictions Apply to Third Parties. The prohibitions and

restrictions described herein apply to anyone in possession of the Software

and/or Permitted Derivative Works.

        6.     Copyright. The Software and all copyrights related thereto

(including all characters and other images generated by the Software or depicted

in the Software) is owned by Nabi and is protected by Danish

copyright laws and international treaty provisions. You must treat the Software

like any other copyrighted material, except that you may either (a) make one

copy of the Software solely for back-up or archival purposes, or (b) transfer

the Software to a single hard disk provided you keep the original solely for

back-up or archival purposes. You may not otherwise reproduce, copy or disclose

to others, in whole or in any part, the Software. You may not copy the written

materials accompanying the Software. You agree to use your best efforts to see

that any user of the Software licensed hereunder complies with this Agreement.

        7.    Exclusive Remedies. You agree that your exclusive remedy

against Nabi, its affiliates, contractors, suppliers, and agents for loss

or damage caused by any defect or failure in the Software regardless of the form

of action, whether in contract, tort, including negligence, strict liability or

otherwise, shall be the return of the purchase price paid or replacement of the

Software. This Agreement shall be construed in accordance with and governed by

the laws of the State of Texas. Copyright and other proprietary matters will be

governed by United States laws and international treaties. IN ANY CASE, Nabi

 SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,

SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES

ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL

THEORY EVEN IF Nabi OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not

allow the exclusion or limitation of incidental or consequential damages, so the

above limitation or exclusion may not apply to you.

        8.    General Provisions. Neither this Agreement nor any part or

portion hereof shall be assigned, sublicensed or otherwise transferred by you.

Should any provision of this Agreement be held to be void, invalid,

unenforceable or illegal by a court, the validity and enforceability of the

other provisions shall not be affected thereby. If any provision is determined

to be unenforceable, you agree to a modification of such provision to provide

for enforcement of the provision's intent, to the extent permitted by applicable

law. Failure of a party to enforce any provision of this Agreement shall not

constitute or be construed as a waiver of such provision or of the right to

enforce such provision. If you fail to comply with any terms of this Agreement,

YOUR LICENSE IS AUTOMATICALLY TERMINATED.

        YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND

THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE

SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE

SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS

AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN

SEPARATE AGREEMENTS BETWEEN Nabi AND YOU, THIS AGREEMENT IS A COMPLETE

AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS

AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND

ANY OTHER COMMUNICATIONS BETWEEN Nabi AND YOU RELATING TO THE SUBJECT

MATTER OF THIS AGREEMENT.

1 Jan 2006

Twitter : Developer Rules of the Road

First Update: September 5, 2012.
Rules of the Road

Twitter maintains an open platform that supports the millions of people around the world who are sharing and discovering what's happening now. We want to empower our ecosystem partners to build valuable businesses around the information flowing through Twitter. At the same time, we aim to strike a balance between encouraging interesting development and protecting both Twitter's and users' rights.

So, we've come up with a set of Developer Rules of the Road ("Rules") that describes the policies and philosophy around what type of innovation is permitted with the content and information shared on Twitter.

The Rules will evolve along with our ecosystem as developers continue to innovate and find new, creative ways to use the Twitter API, so please check back periodically to see the current version. Don't do anything prohibited by the Rules and talk to us if you think we should make a change or give you an exception.

If your application will eventually need more than 1 million user tokens, or you expect your embedded Tweets and embedded timelines to exceed 10 million daily impressions, you will need to talk to us directly about your access to the Twitter API as you may be subject to additional terms. Furthermore, applications that attempt to replicate Twitter's core user experience (as described in Section I.5 below) will need our permission to have more than 100,000 user tokens and are subject to additional terms.
I. Twitter Content

1. All use of the Twitter API and content, documentation, code, and related materials made available to you on or through Twitter ("Twitter Content") is subject to and must comply with these Rules. As a reminder, you and your Service are subject to the Twitter Terms of Service.

2. You may use the Twitter API and Twitter Content in connection with the products or services you provide (your "Service") to search, display, analyze, retrieve, view, and submit information to or on Twitter. You may use the Twitter name or logos and other brand elements that Twitter makes available in order to identify the source of Twitter Content ("Twitter Marks") subject to these Rules.

3. Your use of the Twitter API and Twitter Content are subject to certain limitations on access, calls, and use as set forth in the Rules, on dev.twitter.com, or as otherwise provided to you by Twitter. If Twitter believes that you have attempted to exceed or circumvent these limitations, your ability to use the Twitter API and Twitter Content may be temporarily or permanently blocked. Twitter may monitor your use of the Twitter API to improve the Twitter service and to ensure your compliance with these Rules. In order to ensure visibility and enforcement of these Rules, you may not use a single application API key for multiple use cases, and you may not use multiple application API keys for the same use case.

4. You will not attempt or encourage others to:

    sell, rent, lease, sublicense, redistribute, or syndicate access to the Twitter API or Twitter Content to any third party without prior written approval from Twitter.
        If you provide an API that returns Twitter data, you may only return IDs (including tweet IDs and user IDs).
        You may export or extract non-programmatic, GUI-driven Twitter Content as a PDF or spreadsheet by using "save as" or similar functionality. Exporting Twitter Content to a datastore as a service or other cloud based service, however, is not permitted.
    remove or alter any proprietary notices or marks on the Twitter API or Twitter Content.
    use or access the Twitter API for purposes of monitoring the availability, performance, or functionality of any of Twitter's products and services or for any other benchmarking or competitive purposes.
    use Twitter Marks or Twitter Certified Products Program badges in a manner that creates a sense of endorsement, sponsorship, or false association with Twitter. You may not use Twitter Marks as part of the name of your company or Service, or in any product, service, name field or logos created by you. All use of Twitter Marks, and all goodwill arising out of such use, will inure to Twitter's benefit.
    use or access the Twitter API to aggregate, cache (except as part of a Tweet), or store place and other geographic location information contained in Twitter Content.
    charge a premium for access to Twitter Content via SMS or USSD other than your Service's standard data and usage rates.

5. While Twitter discourages development in this area, some Services or applications attempt to replicate Twitter's core user experience, typically by accessing the home timeline, account settings, or direct messages API endpoints or User Streams product. The following additional rules apply to Services or applications that fall within this category.

You must:

    use the Twitter API as provided by Twitter for functionalities in your Service that are substantially similar to a feature of the Twitter service and present this to your users as the default option. Some examples include media storage and sharing (pic.twitter.com), trending topics, and suggested user lists.
    not pay, or offer to pay, third parties for distribution. This includes offering compensation for downloads (other than transactional fees) or other mechanisms of traffic acquisition.
    not arrange for your Service to be pre-installed on any device, promoted as a "zero-rated" service, or marketed as part of a specialized data plan.
    not frame or otherwise reproduce significant portions of the Twitter service. You should display Twitter Content from the Twitter API.
    display a prominent link or button in your Service that directs new users to Twitter's sign-up functionality.
    not use Twitter Content or other data collected from end users to create or maintain a separate status update or social network database or service.

6. You do not have a license to Twitter Content submitted through your Service other than the rights granted in the Rules.
II. Principles

You agree that you and your Service will follow these four principles:

    Don't surprise users
    Don't create or distribute spam
    Respect user privacy
    Be a good partner to Twitter

1. Don't surprise users

    You must maintain the integrity of Twitter Content (such as Tweets and timelines of Tweets) by adhering to the Display Requirements.
    Get users' permission before:
        sending Tweets or other messages on their behalf. A user authenticating through your application does not constitute consent to send a message.
        modifying their profile information or taking account actions (including following, unfollowing, and blocking) on their behalf.
        adding hashtags, annotations data, or other content to a user's Tweet. If your application allows users to send Tweets or other content to Twitter, show the user exactly what will be published.
        republishing Twitter Content accessed through means other than via the Twitter API or other tools that may be provided to you by Twitter, or in a manner inconsistent with the Display Requirements.
    Your Service should not:
        use business names and/or logos in a manner that can mislead, confuse, or deceive users. For more information on use of Twitter Marks, see our trademark rules here
        confuse or mislead users about the source or purpose of your application.
        use as its Application Website URL: an unrelated URL, a site intended to entice or encourage users to violate the Twitter Rules, a spam or malware site, or a shortened URL to mask the true destination.
        replicate, frame, or mirror the Twitter website or its design.
        impersonate or facilitate impersonation of others in a manner that can mislead, confuse, or deceive users.
    Respect the privacy and sharing settings of Twitter Content. Do not share, or encourage or facilitate the sharing of protected Twitter Content. Promptly change your treatment of Twitter Content (for example, deletions, modifications, and sharing options) as changes are reported through the Twitter API.
    It is important for all users and Twitter API developers that we maintain the integrity and addressability of the Twitter identity across the ecosystem. If your Service submits content to Twitter that includes a username beginning with an "@" symbol, it must submit the correct Twitter username, if known by your Service.

2. Don't create or distribute spam

    Spam can take many forms. Please abide by the spam rules here.
    If your application performs automatic actions (including tweeting or other content updates), make sure you comply with the Automation Rules found here.
    Do not mass-register applications. This includes:
        creating tokens/applications for the purpose of preventing others from using or selling those names, or other commercial use.
        using feeds of third-party content to update and maintain accounts under the names of those third parties.
        submitting multiple applications with the same function under different names for the purpose of name squatting.
    Do not facilitate or encourage the publishing of:
        links to malicious content
        pornographic or obscene images to user profile images and background images

3. Respect user privacy

    Your Service must display and comply with a privacy policy that clearly discloses what you are doing with information you collect from users. If your Service supports cookies, your privacy policy must disclose that third parties may be placing and reading cookies on the systems of your users in the course of providing content to them. Your privacy policy should also provide information about user options for cookie management and the Do Not Track setting in supporting web browsers.
    Clearly disclose when you are adding location information to a user's Tweets, whether as a geotag or annotations data. Be clear about whether you are adding a place or specific coordinates. If your application allows users to Tweet with their location be sure that it complies with the best practices found here.
    You should not solicit another developer's consumer keys or consumer secrets especially if they will be stored or used for actions outside of that developer's control. Keys and secrets that are compromised will be reset by Twitter. For example, online services that ask for these values in order to provide a "tweet-branding" service are not allowed.
    Do not facilitate or encourage the publishing of private or confidential information.
    Do not store Twitter passwords.
    Do not store non-public Twitter Content except at the explicit direction of a Twitter end user.

4. Be a good partner to Twitter

    If you display Tweets in an offline context, do so according to the guidelines found here.
    Respect the features and functionality embedded with or included in Twitter Content or the Twitter API. Do not attempt to interfere with, intercept, disrupt, filter, or disable any features of the Twitter API or Twitter service, including the content of embedded Tweets and embedded timelines.
    You should only surface activity that is organically displayed on Twitter.
        For example, your Service should execute the unfavorite and delete actions by removing all relevant messaging and Twitter Content, not by publicly displaying to other end users that the Tweet was unfavorited or deleted.
    If your application causes or induces user accounts to violate the Twitter Rules (for example, by retweeting spam updates, repeatedly posting duplicate links, etc.), it may be suspended or terminated. We've provided some guidance in our Abuse Prevention and Security help page.
    Respect the intellectual property rights of others.
    Do not use the Twitter Verified Account badge, Verified Account status, or any other enhanced user categorization on Twitter Content other than that reported to you by Twitter through the API.
    Twitter may suspend or revoke access if we believe you are in violation of the Rules or the spirit of these principles. If you are suspended, do not apply for or register additional API tokens.

III. Twitter Functionality in your Service
1. Twitter Login

End users must be presented with the option to log into Twitter via the OAuth protocol. End users without a Twitter account should be given the opportunity to create a new Twitter account as provided by Twitter. You must display the Connect with Twitter option at least as prominently as the most prominent of any other third party social networking sign-up or sign-in marks and branding appearing on your Service.
2. General

    If you allow end users to create social updates from your own social service or a third party social networking, micro-blogging, or status update provider integrated into your Service ("Update"), you must also display a prominent option to publish that content (or a link if the Update is not text or longer than 140 characters) to Twitter. Only link back to the same Update or content on the other service if the Update is longer than 140 characters.
    All URLs referencing content in the Update (for example, a web page, photo, video, or text longer than 140 characters) should direct users back to the page where that content is displayed, rather than any interstitial or intermediate page. You can require users to sign-in to access that page, but the content cannot otherwise be restricted from being viewed.

3. Twitter Identity

Once an end user has authenticated via Connect with Twitter, you must clearly display the end user's Twitter identity. Twitter identity includes visible display of the end user's avatar, Twitter user name, and the Twitter "bird" mark. Displays of the end user's followers on your Service must clearly show that the relationship is associated with the Twitter service.
IV. Commercial Use

It is our goal to provide you, our ecosystem partner, with a policy that is clear and transparent about what you can do to monetize your Service. This is best summed up in two principles:

    respect user content -- Tweets may be used in advertisements, not as advertisements.
    respect user experience -- build your service around the timeline, not in the timeline.

    Twitter Ads. Twitter reserves the right to serve advertising via its APIs ("Twitter Ads"). If you decide to serve Twitter Ads once we start delivering them, we will share a portion of advertising revenue with you per our then-current terms and conditions.
    Advertising Around Twitter Content
        We encourage you to create advertising opportunities around Twitter content that are compliant with these Rules. In cases where Twitter Content is the primary basis of the advertising sale, we require you to compensate us (recoupable against any fees payable to Twitter for data licensing). For example, you may sell sponsorships or branding around gadgets or iframes that include Tweets and other customized visualizations of Twitter with prior permission.
        You may generally advertise around and on sites that display Tweets, but you may not place any advertisements within the Twitter timeline on your Service other than Twitter Ads.
        Your advertisements cannot resemble or reasonably be confused by users as a Tweet. For example, ads cannot have Tweet actions like follow, retweet, favorite, and reply. And you cannot sell or receive compensation for Tweet actions or the placement of Tweet actions on your Service.
        You may advertise in close proximity to the Twitter timeline (e.g., banner ads above or below timeline), but there must be a clear separation between Twitter content and your advertisements.
    Using Twitter Content. Get the users' permission before:
        using their content on a commercial durable good or product (for example, using a Tweet on a t-shirt or a poster or making a book based on someone's Tweets);
        creating an advertisement that implies the sponsorship or endorsement on behalf of the user; or
        using content in a manner that is inconsistent with the Display Requirements and would require the user's permission under applicable law, including without limitation uses of Twitter Content that features the name, likeness, or identifying persona of a person.

V. Other Legal Terms
1. Termination.

You may terminate any license in these Rules at any time by ceasing your access to the Twitter API and use of any Twitter Content, and deleting all copies of the Twitter API and Twitter Content as described below. Twitter may immediately suspend your access to the Twitter API or any Twitter Content (or if necessary, terminate this agreement with you) at any time, and without notice to you if you breach any term or condition in the Rules or otherwise engage in activities that Twitter reasonably determines are likely to cause liability to Twitter. Twitter may also terminate any licenses hereunder for any reason (including by email to the address associated with your account). Twitter will not be liable for any costs, expenses, or damages as a result of its termination of this agreement. Upon termination of this agreement, you will promptly cease accessing and using the Twitter API and Twitter Content and will delete all Twitter Content and any information derived therefrom and all copies and portions thereof, in all forms and types of media from your Service. Sections 1(4) and V of these Rules will survive the termination of this agreement.
2. Confidentiality.

You may be given access to certain non-public information, software, and specifications relating to the Twitter API ("Confidential Information"), which is confidential and proprietary to Twitter. You may use this Confidential Information only as necessary in exercising your rights granted in these Rules. You may not disclose any of this Confidential Information to any third party without Twitter's prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
3. Ownership; Feedback.

3.1 Twitter. You expressly acknowledge that Twitter and its end users retain all worldwide right, title and interest in and to the Twitter Content, including all intellectual property rights therein. You also acknowledge that as between you and Twitter, Twitter owns all right, title and interest in and to the Twitter API, Twitter Marks, and the Twitter service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You agree not to do anything inconsistent with such ownership. Any rights not expressly granted herein are withheld. You agree that you will not challenge Twitter's ownership of, the validity of any license to use, or otherwise copy or exploit the Twitter Marks during or after the termination of this agreement except as specifically authorized herein. If you acquire any rights in the Twitter Marks or any confusingly similar marks, by operation of law or otherwise, you will, at no expense to Twitter, immediately assign such rights to Twitter.

3.2 You. As between you and Twitter, you retain all worldwide right, title and interest in and to your Service, excluding the Twitter API, Twitter Marks, and the Twitter Service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein. You may provide Twitter with comments concerning the Twitter Content or Twitter API or your evaluation and use thereof. You agree that Twitter and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense, incorporate, and otherwise use the feedback, including derivative works thereto, for any and all commercial and non-commercial purposes with no obligation of any kind to you.
4. Updates.

Twitter may update or modify the Twitter API, Rules, and other terms and conditions, including the Display Requirements, from time to time at its sole discretion by posting the changes on this site or by otherwise notifying you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Twitter API. If any change is unacceptable to you, your only recourse is to terminate this agreement by ceasing all use of the Twitter API and Twitter Content. Your continued access or use of the Twitter API or any Twitter Content will constitute binding acceptance of the change.
5. Representations and Warranties; Disclaimer.

5.1 Representations and Warranties. You represent and warrant that:

    you have the necessary power and authority to enter into this agreement, and that the performance of your obligations will not constitute a breach or otherwise violate any other agreement or the rights of any third party arising therefrom;
    you will maintain throughout the term of this agreement all rights and licenses that are required with respect to your Service; and
    your Service and its use, distribution, sale and license, including the use of any license hereunder, does and will continue to comply with all applicable foreign, federal, state, and local laws, rules, and regulations.

5.2 Disclaimer. THE TWITTER CONTENT, TWITTER API, AND ANY OTHER TWITTER PRODUCTS AND SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ON AN "AS-AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. TWITTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE TWITTER CONTENT AND TWITTER API AND ANY OTHER TWITTER PRODUCTS AND SERVICES PROVIDED HEREUNDER WILL MEET ALL OF YOUR REQUIREMENTS OR THAT USE OF SUCH TWITTER CONTENT AND TWITTER API BE ERROR-FREE UNINTERRUPTED, VIRUS-FREE, OR SECURE.
6. Limitation of Liability.

IN NO EVENT WILL TWITTER BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE TWITTER API, TWITTER CONTENT, OR OTHER TWITTER PRODUCTS AND SERVICES WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, TWITTER'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE TWITTER API IN THE LAST YEAR.
7. Indemnification.

You will indemnify, defend, and hold Twitter, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (a) any act or omission by you, in connection with your use of the Twitter Content, the Twitter API, or the Twitter Marks; (b) your use of the Twitter Content, the Twitter API, or the Twitter Marks other than as expressly allowed by this agreement; (c) your breach or alleged breach of any of the terms, restrictions, obligations or representations under this agreement; or (d) your Service. You will assume control of the defense and settlement of any claim subject to indemnification by you. Twitter may, however, at any time elect to take over control of the defense and settlement of any such claim. In any event, you will not settle any such claim without Twitter's prior written consent.
8. Miscellaneous.

These Rules constitute the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications. Any modification to the Rules by you must be in a writing signed by both you and Twitter. You may not assign any of the rights or obligations granted hereunder, voluntarily or by operation of law (including without limitation in connection with a merger, acquisition, or sale of assets) except with the express written consent of Twitter, and any attempted assignment in violation of this paragraph is void. This agreement does not create or imply any partnership, agency or joint venture. This agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this agreement will be brought exclusively in the federal or state courts of San Francisco County, California, USA, and you consent to personal jurisdiction in those courts. No waiver by Twitter of any covenant or right under this agreement will be effective unless memorialized in a writing duly authorized by Twitter. If any part of this agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this agreement will remain in full force and effect.

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