2. Eligibility. By using the TweetForger Site, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU
3. Term and Termination. These TOU will remain in full force and effect as long as you are a User. We have the right to investigate any allegations that you have violated these TOU and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, blocking all communications from the IP address(es) from which you accessed the TweetForger Site.
4. Limitations on Use of the TweetForger Site and Creation of TweetForger Tweets
a. You are solely responsible for any "tweet" that you create on TweetForger (a "Forged Tweet") and distribute to other people. We do not and will not preview any Forged Tweet. It is a violation of these TOU to create and distribute a Forged Tweet that contains any "Inappropriate Content," and you will be liable for any damages that TweetForger may incur as a result of any Inappropriate User Content that you include in a Forged Tweet. (See Paragraph 5 below, "Indemnity") Inappropriate User Content includes material that:
(i) Defames another person who is identifiable from your posting. Very generally speaking, to defame someone is to say something that is not true about that person, to someone else, in a way that enables the listener or reader to identify that person, that causes harm to the person's reputation. (To libel someone is to defame someone in writing.) Certain kinds of statements are "defamation per se" according to the applicable law, which means that if you say one of these things about someone and it is not true, the person does not even have to prove that the person suffered financial damages: he or she will be presumed to have suffered financial damage. So, if you send out a Forged Tweet that looks like it came from your ex-husband, in which he admits that he had an affair with your teenage daughter's best friend, or you send out a Forged Tweet looks like it came from Sarah Palin that says she confesses that she hates members of a particular ethnic group, and that statement is not true, you may be liable for defamation. If your ex-husband or Sarah Palin then sues us, you will be liable for any money that we have to pay to defend against the claim. (See Paragraph 5 below, "Indemnity.") The fact that Sarah Palin is a public figure does not mean she can't sue for libel or recover damages. This is just one example, and this is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in defamation;
(ii) Violates the right of privacy of someone who is identifiable from your Forged Tweet, which, very generally speaking, means publishing private or intimate facts about someone who is identifiable from your posting, that cause that person embarrassment, or publicizing facts in a "false light," or showing a photo of a person along with a story about someone else in a way that makes it look like the person in the photo was the subject of the story. So if you send a Forged Tweet that looks like it came from your friend recounting something that you know she did in her own home with her boyfriend, you may be inviting a claim for invasion of privacy. (See Paragraph 5 below, "Indemnity.") This is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in privacy law; or
(iii) Negligently or intentionally inflicts emotional distress, which means that if you send out a Forged Tweet that says something about someone that is true, that did not occur in private, but that nevertheless causes someone significant emotional harm, you may be liable for the damages that that person suffered. (See Paragraph 5 below, "Indemnity.") This is not legal advice. If you have any doubt about what you can and cannot say, you should consult a lawyer who specializes in privacy law; or
(iv) Is patently offensive to the online community in some other way, such as a Forged Tweet that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses, abuses, or stalks, or advocates such behavior with respect to another person; promotes illegal activities or conduct that is abusive; is threatening or obscene; solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
b. You also are responsible for not infringing on anyone else's intellectual property under the laws of the United States and the laws of the jurisdiction in which you reside. Distributing copies of material that is subject to copyright protection may be copyright infringement. So if you send out a Forged Tweet that looks like it came from a particular person, that reproduces the photos that she displays in her Tweets, you may be infringing on the copyrights in those photos, whether they are owned by that person or by someone else, and the owners of the copyrights in those photos may sue you for copyright infringement.
5. Indemnity. You will indemnify us and our members, subsidiaries, affiliates, officers, agents, members, and other partners and employees (the "TweetForger Parties") and hold them harmless from any loss, liability, claim, demand, fees and expenses, including reasonable attorney's fees, made by any third party due to or arising out of your use of the TweetForger Site, including, without limitation, any claim arising from (i) your use of and access to the Service; (ii) your violation of any provision of these TOU; (iii) your violation of any third-party right, including without limitation any copyright or any privacy right; or (iv) any claim that a Forged Tweet that you sent out caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the TweetForger Site.
6. DISCLAIMER OF WARRANTIES. THE TWEETFORGER SITE IS PROVIDED "AS IS." TWEETFORGER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION OR YOUR USE OF THE TWEETFORGER SITE, INCLUDING, WITHOUT LIMITATION:
A. ANY WARRANTY RELATING TO YOUR POTENTIAL LIABILITY FOR MISUSING THE TWEETFORGER SITE. YOU ARE SOLELY LIABLE FOR ANYTHING YOU DO ON OR THROUGH THE TWEETFORGER SITE THAT VIOLATES THE PROPRIETARY OR PERSONAL RIGHTS OF ANY PERSON OR ENTITY.
B. ANY WARRANTY THAT THE TWEETFORGER SITE WILL ALWAYS BE AVAILABLE OR THAT IT WILL OPERATE ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR (i) ANY INTERRUPTIONS TO THE AVAILABILITY OF THE SERVICE, WHETHER SUCH INTERRUPTIONS ARE DUE TO INTERNET EVENTS BEYOND OUR CONTROL, TO PROBLEMS WITH OUR SERVERS, OR TO PROBLEMS WITH YOUR COMPUTER OR YOUR INTERNET CONNECTION, AND (ii) ANY VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY HARM YOUR COMPUTER AS A RESULT OF YOUR INTERACTION WITH THE TWEETFORGER SITE. Some jurisdictions do not allow the disclaimer of implied warranties, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
7.LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TWEETFORGER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR COSTS (EVEN IF TWEETFORGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS , RESULTING FROM ANY ASPECT OF YOUR USE OF THE TWEETFORGER SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TWEETFORGER SITE OR ANY TWEET THAT YOU FORGE; INABILITY TO USE THE TWEETFORGER SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TWEETFORGER SITE; OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TWEETFORGER SITE OR ANY LINKS ON THE TWEETFORGER SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
8. Copyright Protection Policy. If you believe that content that you own has been posted on the TweetForger Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the TweetForger Site; your address, telephone number, and email address; a written 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; 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 authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com.
9.Ownership of Intellectual Property. We own all proprietary rights in the TweetForger Site and the underlying TweetForger application (the "TweetForger Application"), including, without limitation, all trademark rights in TweetForger name and logo, all patent rights in the TweetForger Site and the TweetForger Application, and all copyright and other rights in the content that we display or post on the TweetForger Site ("TweetForger Content"). You may not copy, publish, transmit, distribute copies of, perform, display, or modify any TweetForger Content except as is necessary to use the TweetForger Site.
11. Governing Law, Jurisdiction, Time Limit on Claims. If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that: (i) the Web Site shall be deemed solely based in New York; (ii) the Web Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over TweetForger, either specific or general, in jurisdictions other than New York. If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts located in Manhattan, New York. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Web Site or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
These TOU were last changed on March 31, 2011.