Terms of Use

Welcome to twitchy.com. The following terms and conditions (the “Terms of Use”) govern your use of the Twitchy.com web site, which is owned and operated by Twitchy LLC (“Twitchy,” “we,” “us” or “our”) and any content made available from or through this web site or application (the “Web Site”). We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Web Site. In addition to these Terms of Use we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found at http://www.twitchy.com/privacy and is incorporated by reference into these Terms of Use. By using twitchy.com, you accept and agree to be bound by and comply with these Terms of Use, and the Privacy Policy, as applied to your use of the Web Site. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Web Site.

Proprietary Rights

As between you and us, we and our suppliers and licensors, own, solely and exclusively, all rights, title and interest in and to the Web Site, all the content (including, for example, audio, photographs, image, video, illustrations, graphics, other visuals, copy, text, articles, advertising, software, titles, etc.) and to all code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Web Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, including so called “rights of publicity.” Your use of the Web Site does not grant to you ownership of any content, code, data or materials you may access on or through the Web Site. Any copying, rearrangement, redistribution, modification, use or publication by you of any content or any part of the Web Site, except for the limited rights of use granted hereunder, is prohibited. Any rights not expressly granted in these Terms of Use are expressly reserved.

Limited License

You may access and view the content on the Web Site on your computer or other device, and no other use may be of the content except as specifically provided in these Terms of Use.

Prohibited Use

Any commercial or promotional distribution, publishing or exploitation of the Web Site, or any content, code, data or materials on the Web Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Web Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Web Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Web Site. If you make other use of the Web Site, or the content, code, data or materials thereon or available through the Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Web Site or on or through the Web Site’s services, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without our written permission or the written permission of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Web Site or on or through any of the Web Site’s services is strictly prohibited.

User Information

In the course of your use of the Web Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Web Site’s Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.

Submitted Materials

We are not responsible for materials or content submitted or posted to the Web Site, and you, using the Web Site as a viewer, shall be solely responsible for your own submissions and posting and the consequences of posting or publishing them. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail or in any other way. Any comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Twitchy Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, or that you own or have all necessary rights, licenses, consents, releases and permissions to submit and post the Submitted Materials, or that no other party has any rights thereto, that the Submitted Materials do not infringe or violate the rights of any person, including but not limited to privacy and publicity rights, or violate any law or regulation, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and in connection with our business and the business of our successors, parents, subsidiaries, affiliates and related companies, and you agree that you shall have no claims against us for using these materials. We reserve the rights to display advertisements in connection with your Submitted Materials and to use your Submitted Materials for advertising and promotional purposes. You acknowledge and agree that your Submitted Materials may be included on the web sites and advertising networks of our distribution partners and third-party service providers (including their downstream users). We cannot be and are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. We are and shall be under no obligation to pay to you or any user any compensation for any Submitted Materials, or to respond to any of your or any other user’s Submitted Materials.

Prohibited User Conduct

You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from us or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (iii) attempt to gain unauthorized access to other computer systems through the Web Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Web Site or the services offered on or through the Web Site, including without limitation any information residing on any server or database connected to the Web Site or the services offered on or through the Web Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Web Site or the services made available on or through the Web Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Web Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Web Site or the Web Site’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Web Site or the Web Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site or the Web Site’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.

Posting of Comments and Content.

You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

Right to Monitor and Editorial Control

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Web Site or through the Web Site’s services or features by users, and we are not responsible for any such materials posted by users. We do not undertake or assume any duty to monitor the Web Site for inappropriate or unlawful content. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use or applicable law, or for any other reason without notice or liability.

Private or Sensitive Information on Public Forums

It is important to remember that comments submitted to the Web Site may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.

Linking to the Web Site

You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding.

Indemnification

You agree to defend, indemnify and hold us and our affiliates and licensors, and each of their respective directors, officers, employees, owners, licensees, licensors and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees and court costs, arising out of or related to any allegation regarding (i) any violation of these Terms of Use by you, (ii) your use of this Web Site, including but not limited to the placement or transmission of any content, material or information on this Web Site, (iii) the use by Twitchy or any of its affiliates or licensors of any content, materials or information you provide, as long as such use is not inconsistent with these Terms of Use, or (iv) your acts or omissions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Third Party Web Sites

You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be causes by or in connection with the use of or reliance on any content, goods or services available on or through a Linked Site. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Twitchy disclaims any liability for links (i) from another web site to this Web Site and (ii) to another web site from this Web Site. Twitchy cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Limitation on Liability for Third Party Postings

This Web Site may contain views, opinions, recommendations and statements of various third party individuals and organizations. We neither endorse nor make any representation or warranty whatsoever regarding the views, opinions, recommendations or statements provided by any third party or any user of this Web Site. We neither endorse nor are responsible for any offensive, pornographic, defamatory, obscene, indecent, unlawful or infringing posting made thereon, and we assume no responsibility or liability arising from the content of any such postings nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained in any information within such posting on the Web Site. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, recommendation or contents available through the Web Site, and to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, recommendation or other content.

Copyright Agent

We respect the intellectual property rights of others, and require that the people who use the Web Site, or the services or features made available on or through the Web Site, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), as amended, named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

By e-mail: jesse@twitchy.com

By Mail: Twitchy Copyright Agent, Twitchy LLC, 445C E. Cheyenne Mountain Blvd., #104, Colorado Springs, CO 80906

We Disclaim Any Warranties of Any Kind

YOU EXPRESSLY AGREE THAT YOUR USE OF, AND BROWSING IN, THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED BY US THROUGH THE WEB SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEB SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE OR ANY INFORMATION OR GOODS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEB SITE. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF USE. WE MAKE NO WARRANTY THAT THE WEB SITE OR THE PROVIDED SERVICES WILL MEET YOUR REQUIREMENTS. WE AND OUR AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, OR USE OF, THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

We Will Not Be Liable For Damages

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES OR LICENSORS, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.

Applicable Laws

We control and operate the Web Site from our offices in the United States of America. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Termination

We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site’s services at any time. You agree that we will not be liable to you or any third party for any such termination, change, suspension or discontinuance. We may restrict, suspend or terminate your access to the Web Site and/or its services if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual or other property rights. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of these Terms of Use shall survive, including, but not limited to the, rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, no trial by jury, and provisions related to choice of law.

Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms of Use will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.

Miscellaneous

The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of Colorado, United States of America. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in El Paso County in the State of Colorado, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within El Paso County in the State of Colorado. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the of Use remain in full force and effect.

DATE LAST MODIFIED: March 9, 2012