These Terms of Service ("Terms") govern your access to
and use of the services, including our various websites, SMS, APIs,
email notifications, applications, buttons, and widgets, (the "Services" or “Twitter”),
and any information, text, graphics, photos or other materials
uploaded, downloaded or appearing on the Services (collectively referred
to as "Content"). Your access to and use of the
Services are conditioned on your acceptance of and compliance with these
Terms. By accessing or using the Services you agree to be bound by
these Terms.
1. Basic Terms
You are responsible for your use of the Services, for any Content you
post to the Services, and for any consequences thereof. The Content you
submit, post, or display will be able to be viewed by other users of the
Services and through third party services and websites (go to the
account settings page
to control who sees your Content). You should only provide Content that
you are comfortable sharing with others under these Terms.
What you say on Twitter may be viewed all around the world instantly. You are what you Tweet!
You may use the Services only if you can form a binding contract with
Twitter and are not a person barred from receiving services under the
laws of the United States or other applicable jurisdiction. If you are
accepting these Terms and using the Services on behalf of a company,
organization, government, or other legal entity, you represent and
warrant that you are authorized to do so. You may use the Services only
in compliance with these Terms and all applicable local, state,
national, and international laws, rules and regulations.
The Services that Twitter provides are always evolving and the form and
nature of the Services that Twitter provides may change from time to
time without prior notice to you. In addition, Twitter may stop
(permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally and may not be able to
provide you with prior notice. We also retain the right to create
limits on use and storage at our sole discretion at any time without
prior notice to you.
The Services may include advertisements, which may be targeted to the
Content or information on the Services, queries made through the
Services, or other information. The types and extent of advertising by
Twitter on the Services are subject to change. In consideration for
Twitter granting you access to and use of the Services, you agree that
Twitter and its third party providers and partners may place such
advertising on the Services or in connection with the display of Content
or information from the Services whether submitted by you or others.
2. Privacy
Any information that you provide to Twitter is subject to our
Privacy Policy,
which governs our collection and use of your information. You
understand that through your use of the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by
Twitter. As part of providing you the Services, we may need to provide
you with certain communications, such as service announcements and
administrative messages. These communications are considered part of the
Services and your Twitter account, which you may not be able to opt-out
from receiving.
You can opt-out of most communications from Twitter including our newsletter, new follower emails, etc. Please see the
Notifications tab of Settings for more.
3. Passwords
You are responsible for safeguarding the password that you use to access
the Services and for any activities or actions under your password. We
encourage you to use "strong" passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) with
your account. Twitter cannot and will not be liable for any loss or
damage arising from your failure to comply with the above.
4. Content on the Services
All Content, whether publicly posted or privately transmitted, is the
sole responsibility of the person who originated such Content. We may
not monitor or control the Content posted via the Services and, we
cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through
the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications
posted via the Services or endorse any opinions expressed via the
Services. You understand that by using the Services, you may be exposed
to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or
are otherwise deceptive. Under no circumstances will Twitter be liable
in any way for any Content, including, but not limited to, any errors or
omissions in any Content, or any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Services or broadcast elsewhere.
5. Your Rights
You retain your rights to any Content you submit, post or display on or
through the Services. By submitting, posting or displaying Content on or
through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods
(now known or later developed).
This license is you authorizing us to make your Tweets available to the rest of the world and to let others do the same.
You agree that this license includes the right for Twitter to provide,
promote, and improve the Services and to make Content submitted to or
through the Services available to other companies, organizations or
individuals who partner with Twitter for the syndication, broadcast,
distribution or publication of such Content on other media and services,
subject to our terms and conditions for such Content use.
Twitter has an evolving set of
rules for
how ecosystem partners can interact with your Content. These rules
exist to enable an open ecosystem with your rights in mind. But what’s
yours is yours – you own your Content (and your photos are part of that
Content).
Such additional uses by Twitter, or other companies, organizations or
individuals who partner with Twitter, may be made with no compensation
paid to you with respect to the Content that you submit, post, transmit
or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or
distribute it over computer networks and in various media and/or make
changes to your Content as are necessary to conform and adapt that
Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the Services, for any Content you
provide, and for any consequences thereof, including the use of your
Content by other users and our third party partners. You understand that
your Content may be syndicated, broadcast, distributed, or published by
our partners and if you do not have the right to submit Content for
such use, it may subject you to liability. Twitter will not be
responsible or liable for any use of your Content by Twitter in
accordance with these Terms. You represent and warrant that you have all
the rights, power and authority necessary to grant the rights granted
herein to any Content that you submit.
6. Your License To Use the Services
Twitter gives you a personal, worldwide, royalty-free, non-assignable
and non-exclusive license to use the software that is provided to you by
Twitter as part of the Services. This license is for the sole purpose
of enabling you to use and enjoy the benefit of the Services as provided
by Twitter, in the manner permitted by these Terms.
7. Twitter Rights
All right, title, and interest in and to the Services (excluding Content
provided by users) are and will remain the exclusive property of
Twitter and its licensors. The Services are protected by copyright,
trademark, and other laws of both the United States and foreign
countries. Nothing in the Terms gives you a right to use the Twitter
name or any of the Twitter trademarks, logos, domain names, and other
distinctive brand features. Any feedback, comments, or suggestions you
may provide regarding Twitter, or the Services is entirely voluntary and
we will be free to use such feedback, comments or suggestions as we see
fit and without any obligation to you.
8. Restrictions on Content and Use of the Services
Please review the
Twitter Rules (which
are part of these Terms) to better understand what is prohibited on the
Service. We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any Content on the
Services, to suspend or terminate users, and to reclaim usernames
without liability to you. We also reserve the right to access, read,
preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process
or governmental request, (ii) enforce the Terms, including investigation
of potential violations hereof, (iii) detect, prevent, or otherwise
address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of
Twitter, its users and the public.
Twitter does not disclose personally identifying information to third parties except in accordance with our
Privacy Policy.
Except as permitted through the Services, these Terms, or the terms provided on
dev.twitter.com, you have to use the
Twitter API if
you want to reproduce, modify, create derivative works, distribute,
sell, transfer, publicly display, publicly perform, transmit, or
otherwise use the Content or Services.
We encourage and permit broad re-use of Content. The Twitter API exists to enable this.
You may not do any of the following while accessing or using the
Services: (i) access, tamper with, or use non-public areas of the
Services, Twitter’s computer systems, or the technical delivery systems
of Twitter’s providers; (ii) probe, scan, or test the vulnerability of
any system or network or breach or circumvent any security or
authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than
through our currently available, published interfaces that are provided
by Twitter (and only pursuant to those terms and conditions), unless you
have been specifically allowed to do so in a separate agreement with
Twitter (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping
the Services without the prior consent of Twitter is expressly
prohibited); (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so),
the access of any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
9. Copyright Policy
Twitter respects the intellectual property rights of others and expects
users of the Services to do the same. 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 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; (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, that you are authorized to act on behalf of the copyright
owner.
We reserve the right to remove Content alleged to be infringing without
prior notice, at our sole discretion, and without liability to you. In
appropriate circumstances, Twitter will also terminate a user’s account
if the user is determined to be a repeat infringer. Our designated
copyright agent for notice of alleged copyright infringement appearing
on the Services is:
Twitter, Inc.
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://support.twitter.com/forms/dmca
Email: copyright@twitter.com
10. Ending These Terms
The Terms will continue to apply until terminated by either you or Twitter as follows.
You may end your legal agreement with Twitter at any time for any reason by
deactivating your
accounts and discontinuing your use of the Services. You do not need to
specifically inform Twitter when you stop using the Services. If you
stop using the Services without deactivating your accounts, your
accounts may be deactivated due to prolonged inactivity under our
Inactive Account Policy.
We may suspend or terminate your accounts or cease providing you with
all or part of the Services at any time for any reason, including, but
not limited to, if we reasonably believe: (i) you have violated these
Terms or the
Twitter Rules,
(ii) you create risk or possible legal exposure for us; or (iii) our
provision of the Services to you is no longer commercially viable. We
will make reasonable efforts to notify you by the email address
associated with your account or the next time you attempt to access your
account.
In all such cases, the Terms shall terminate, including, without
limitation, your license to use the Services, except that the following
sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12.
Nothing in this section shall affect Twitter’s rights to change, limit
or stop the provision of the Services without prior notice, as provided
above in section 1.
11.Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of
Twitter and its parents, subsidiaries, affiliates, related companies,
officers, directors, employees, agents, representatives, partners, and
licensors (collectively, the “Twitter Entities”). Each of the
subsections below only applies up to the maximum extent permitted under
applicable law. Some jurisdictions do not allow the disclaimer of
implied warranties or the limitation of liability in contracts, and as a
result the contents of this section may not apply to you. Nothing in
this section is intended to limit any rights you may have which may not
be lawfully limited.
A. The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own
risk. You understand and agree that the Services are provided to you on
an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to
the maximum extent permitted under applicable law, THE TWITTER ENTITIES
DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Twitter Entities make no warranty and disclaim all responsibility
and liability for: (i) the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any Content; (ii)
any harm to your computer system, loss of data, or other harm that
results from your access to or use of the Services or any Content; (iii)
the deletion of, or the failure to store or to transmit, any Content
and other communications maintained by the Services; and (iv) whether
the Services will meet your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information,
whether oral or written, obtained from the Twitter Entities or through
the Services, will create any warranty not expressly made herein.
B. Links
The Services may contain links to third-party websites or resources. You
acknowledge and agree that the Twitter Entities are not responsible or
liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available
from such websites or resources. Links to such websites or resources do
not imply any endorsement by the Twitter Entities of such websites or
resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and
assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TWITTER ENTITIES
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR
OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF
ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv)
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TWITTER ENTITIES EXCEED
THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT
YOU PAID TWITTER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING
RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF
LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TWITTER ENTITIES HAVE
BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
12. General Terms
A. Waiver and Severability
The failure of Twitter to enforce any right or provision of these Terms
will not be deemed a waiver of such right or provision. In the event
that any provision of these Terms is held to be invalid or
unenforceable, then that provision will be limited or eliminated to the
minimum extent necessary, and the remaining provisions of these Terms
will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws
of the State of California without regard to or application of its
conflict of law provisions or your state or country of residence. All
claims, legal proceedings or litigation arising in connection with the
Services will be brought solely in the federal or state courts located
in San Francisco County, California, United States, and you consent to
the jurisdiction of and venue in such courts and waive any objection as
to inconvenient forum.
If you are a federal, state, or local government entity in the United
States using the Services in your official capacity and legally unable
to accept the controlling law, jurisdiction or venue clauses above, then
those clauses do not apply to you. For such U.S. federal government
entities, these Terms and any action related thereto will be governed by
the laws of the United States of America (without reference to conflict
of laws) and, in the absence of federal law and to the extent permitted
under federal law, the laws of the State of California (excluding
choice of law).
C. Entire Agreement
These Terms, the
Twitter Rules and our
Privacy Policy are
the entire and exclusive agreement between Twitter and you regarding
the Services (excluding any services for which you have a separate
agreement with Twitter that is explicitly in addition or in place of
these Terms), and these Terms supersede and replace any prior agreements
between Twitter and you regarding the Services. Other than members of
the group of companies of which Twitter, Inc. is the parent, no other
person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at
twitter.com/tos.
If the revision, in our sole discretion, is material we will notify you
via an @Twitter update or e-mail to the email associated with your
account. By continuing to access or use the Services after those
revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Twitter Inc., 1355 Market
Street, Suite 900, San Francisco, CA 94103. If you have any questions
about these Terms, please
contact us.
Effective: June 25, 2012