Tweekaboo Limited ("we" or "us") is a limited company registered in the Republic of Ireland. Tweekaboo Limited is an online service provider that provides a set of services and technology applications, collectively known as “Tweekaboo” (“the Tweekaboo service”), which enables users to upload content (text, photos, videos, audio files, pdf documents) to an online account, optionally share this content with family and friends and to interact with each other via the Tweekaboo social network.
These Terms of Service contain general terms that apply to all users of Tweekaboo, whether they join or browse the service. When using the Tweekaboo Service, you will also be subject to the Tweekaboo Privacy and Data Policy and additional posted guidelines, policies or rules applicable to specific services and features on the Tweekaboo Service, which may be posted by us from time to time. All of these Guidelines are part of this Agreement and are hereby incorporated by reference.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using the Tweekaboo Service as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity. By registering with us or using or browsing the Tweekaboo Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the service at any time.
"Content" means (i) any work of authorship in a Network, including, comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, albums and other content added to or submitted with any of the foregoing, or any other materials posted on or transmitted through the Tweekaboo Service. "Your Content" is any Content that you submit to the Tweekaboo Service.
"Members" are users who have registered with Tweekaboo.
"Tweekaboo Technology" means the past, present and future content of the Tweekaboo Service, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Tweekaboo Service and all other tangible or intangible materials related to, displayed, performed or distributed on the Tweekaboo site.
"Users" are all end users of the Tweekaboo Service, including Members, Third Party Application Developers, and any unregistered users or browsers.
You own all of Your Content, and other information that you upload to the Tweekaboo Service. We do not claim any ownership rights in Your Content. After posting Your Content, you continue to retain any ownership rights you have to Your Content, and you continue to have the right to use and license Your Content in any way you choose. The Content that you upload to the Tweekaboo Service must comply with the terms of this Agreement. At any point, you can remove Your Content from Tweekaboo and cancel your account and we do not retain any license rights.
You hereby grant Tweekaboo Limited, during the course of your usage of the Tweekaboo Service, a nonexclusive, worldwide, royalty-free, and transferable right and license to (i) use, access, store, cache, publicly perform and publicly display Your Content and Network Data (a) for the sole purpose of operating and making Your Content and Network Data available on the Tweekaboo Service and in all current and future media in which the Tweekaboo Service may now or hereafter be distributed or transmitted or (b) for our internal business purposes so that we may derive metrics and analytics relating to Your Content and Network Data; and (ii) disclose any such metrics and analytics regarding Your Content and Network Data for marketing and business development purposes. If you wish to grant Users or the general public additional licenses to Your Content, please include the license terms with Your Content. This license will terminate at the time you remove Your Content from the Tweekaboo Service. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in back-up copies (but these copies will not be available to others).
You hereby agree that if Your Content is removed from the Tweekaboo Service due to a violation of these Terms of Service, Tweekaboo Limited shall have the right to use and reproduce Your Content in any manner without restriction, including in response to any subpoena or other judicial or administrative order, to assist government law enforcement agencies or otherwise as required by law and to protect the rights, property or safety of Tweekaboo Limited, any User or individual, or the general public.
You are solely responsible for Your Content. You are responsible for making sure that you have all rights in Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content and Network Data. You understand that whether or not Your Content is published or marked private by you, Tweekaboo Limited does not guarantee any confidentiality or privacy with respect to any of Your Content or Network Data.
Additionally, you understand and agree that Your Content and Network Data that is displayed on the Tweekaboo Service may continue to appear on the Tweekaboo Service, even after you have terminated your account, as portions of Your Content may have been incorporated into the profiles of other members, RSS feeds or other features.
In addition to the rights, licenses and privileges referred to above, you agree that Tweekaboo Limited may use and refer to your Content (including screen shots), trademarks, service marks, trade names, image, character, logos, domain names and other distinctive brand features or identification in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Tweekaboo Service, and any products, goods, features, capabilities and/or services associated with the Tweekaboo Service.
If a Member account is removed from the Tweekaboo Service, the Content associated with that Network may also be deleted at the discretion of Tweekaboo Limited. We encourage you to be sure you are comfortable with this possibility before contributing Your Content to the Tweekaboo Service. You should be aware that Tweekaboo Limited may not keep back-up copies of Content on the Tweekaboo Service once the Content is deleted. Additionally, Tweekaboo Limited makes no guarantee, either during or after the term of this Agreement, that Your Content will be safely stored on the Tweekaboo Service and you should independently back-up and archive Your Content.
During and subject to the terms and conditions of this Agreement, Tweekaboo Limited hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Tweekaboo Service solely to enable your use of the Tweekaboo Service. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Network Code.
You agree that, as between you and Tweekaboo Limited, all the intellectual property rights in the Tweekaboo Technology are owned by Tweekaboo Limited or its licensors.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
Tweekaboo trademarks, logos, images, service marks, trade names and other distinctive branding features used on the Tweekaboo Service are the trademarks of Tweekaboo Limited and may not be used without permission. Tweekaboo Limited is not granting you a license under any intellectual property right to such materiels. Other trademarks, logos, and trade names that may appear on the Tweekaboo Service are the property of their respective owners.
You agree that, as between you and Tweekaboo Limited, Tweekaboo Limited owns all right, title and interest, including, all intellectual property rights, in and to the Tweekaboo Technology. Any rights not expressly granted herein, are reserved to Tweekaboo Limited. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Tweekaboo Service. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Tweekaboo Service, including notices on any Tweekaboo Technology you download, transmit, display, print or reproduce from or using the Tweekaboo Service.
YOU AGREE THAT TWEEKABOO LIMITED WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE TWEEKABOO NETWORK.
Tweekaboo may contain features and functionalities that allow access to third party Content, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party (remove “affiliate” “third party is more inclusive and therefore preferable) You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party, including the use of applications or services and the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, you agree that Tweekaboo Limited will not be responsible.
Additionally, Content from Users, third parties, or advertisers, including, information about third party products and services and any Third Party Applications, may be made available to you through the Tweekaboo Service. The inclusion of Third Party Content on the Tweekaboo Service does not imply our affiliation or endorsement of such Third Party Content. Because we do not control Third Party Content, you agree that we are not responsible for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third Party Content, it is the sole responsibility of the person from which such Third Party Content originated, and Tweekaboo Limited has no obligation to monitor such Third Party Content. Notwithstanding the foregoing, Tweekaboo Limited or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content (including on any Network) in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to you. You understand that by using the Tweekaboo Service you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Tweekaboo Service at your own risk
Additionally, Tweekaboo Limited or third parties may provide hyperlinks or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Tweekaboo Service and the inclusion of any link on Tweekaboo does not imply Tweekaboo Limited’s affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Tweekaboo Limited expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Tweekaboo Service. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
You represent and warrant to Tweekaboo Limited that: (a) you will comply with all applicable local, national and international laws, rules, and regulations in connection with your use of the Tweekaboo Service including your promotional or other activities on or off the Tweekaboo Service that relate to your use of the Tweekaboo Service; (b) you have the right to grant to Tweekaboo Limited the rights granted herein and you own or have all necessary rights, title and interest in and to Your Content (c) Your Content does not and will not (i) infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Content, contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that may potentially damage or interfere with the Tweekaboo Service, or intercept or expropriate any system data or personal information from the Tweekaboo Service.
You are solely responsible for your conduct and Your Content on the Tweekaboo Service. We want to keep the Tweekaboo Service safe for everyone and the use of the Tweekaboo Service for unlawful or harmful activities is not allowed. In defining "safe" you specifically agree that:
You will not post, email or make available any Content to Users or use the Tweekaboo Service:
You agree not to authorize or encourage any third party to use the Tweekaboo Service to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Tweekaboo Limited in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
Tweekaboo Limited may establish general polices and limits concerning use of the Tweekaboo Service including, the maximum number of days that uploaded Content will be retained, the maximum number of and size of Content files and objects (including email messages, photos, videos, documents and audio files), the maximum disk space allotted to you, the maximum number of times and duration for which you may access the Tweekaboo Service in a given period of time, the maximum storage and bandwidth used by Your Content, and the maximum CPU power used by Your Content.
You acknowledge that Tweekaboo Limited may terminate your account and remove your Content and other Network Data, as well as disable your access to any and all Networks and the Tweekaboo Service at any time for violations of these Terms of Service without notice and without any liability to you. In addition, you acknowledge and consent to Tweekaboo Limited contacting you in order to maintain compliance with these Terms of Service.
It is Tweekaboo Limited’s policy to respond to notices of alleged copyright infringement. Tweekaboo Limited may remove any allegedly infringing Content without any liability to you. Tweekaboo Limited reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behaviour by that User.
Tweekaboo reserves the right to suspend or remove any content, account, service or part of a service, in compliance with an order of a court hearing Family Law proceedings relating to any persons. Tweekaboo further reserves the right to suspend or remove any content, account, service or part of a service, in compliance with a voluntary arrangement with any public body having responsibility for family and child welfare, or having as its primary end the enforcement of the law or public policy. Tweekaboo understands that family law proceedings may occur in camera, and that discussion on Tweekaboo of such proceedings can constitute contempt of court. DISCUSSIONS OF IN CAMERA LEGAL PROCEEDINGS ARE STICTLY FORBIDDEN ON THE TWEEKABOO SERVICE. Tweekaboo reserves the right to suspend or remove any content, account, service or part of a service for the purposes of enforcing this term.
You need to register and create an account in order to become a member on the Tweekaboo Service. You are responsible for keeping your account credentials and password secure. You agree to provide Tweekaboo Limited with current, complete and accurate information as prompted by the registration process. You agree to promptly update all information to keep your account on the Tweekaboo Service current, complete and accurate (such as noting a change in billing address or email). You will be solely responsible and liable for any activity that occurs under your account credentials. Tweekaboo Limited reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
You may not use anyone else's account at any time without the permission of the account holder. You should never give out your password to another individual or entity. Tweekaboo Limited will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Tweekaboo Limited or another party due to someone else using your account or password.
YOUR USE OF THE TWEEKABOO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TWEEKABOO SERVICE, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE TWEEKABOO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TWEEKABOO SERVICE, AND ALL NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TWEEKABOO LIMITED AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. TWEEKABOO LIMITED AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE TWEEKABOO SERVICE, ANY PRODUCTS OR SERVICES OFFERED THROUGH THE TWEEKABOO SERVICE OR ANY NETWORK CODE, PLATFORM CODE, THIRD PARTY SOFTWARE OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TWEEKABOO SERVICE OR THE SERVER THAT MAKES THE TWEEKABOO SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWEEKABOO LIMITED MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE TWEEKABOO SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TWEEKABOO SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWEEKABOO LIMITED OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE TWEEKABOO SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless Tweekaboo Limited, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:
Tweekaboo Limited reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Tweekaboo Limited. Tweekaboo Limited will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Your interactions with other Users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User. Like with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any Member), Tweekaboo Limited is under no obligation to become involved.
You release Tweekaboo Limited, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users.
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL TWEEKABOO LIMITED OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TWEEKABOO LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE TWEEKABOO SERVICE.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN TWEEKABOO LIMITED (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TWEEKABOO SERVICE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Tweekaboo Limited reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Tweekaboo Service or any part thereof, including adding new features to any portion of the Tweekaboo Service, with or without notice. Tweekaboo Limited will not be liable to you or to any third party for any modification, suspension or discontinuance of any portion of the Tweekaboo Service or the Tweekaboo Service as a whole.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on the Tweekaboo Service. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Tweekaboo Service after posting of the changes constitutes your binding acceptance of such changes.
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Tweekaboo Service at any time and for no reason.
Tweekaboo Limited has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Tweekaboo Service or any Network, (ii) remove and discard any Code or Content anywhere on the Tweekaboo Service with or without notice, and with no liability of any kind to you. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.
Upon deactivating your account, this Agreement terminates and you will no longer have a right to access your account, Your Content, or Your Network Data. Tweekaboo Limited will not have any obligation to assist you in migrating your data or Your Content, off of the Tweekaboo Service and Tweekaboo Limited does not keep any back-up of any of Your Content or Your Network Data.
This Agreement shall be governed by the laws of the Republic of Ireland without regard to conflict of law principles. You agree to submit to the jurisdiction of the courts of the Republic of Ireland for the purpose of litigating all such claims or disputes.
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Tweekaboo Limited has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
The failure of Tweekaboo Limited to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Tweekaboo Limited may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Tweekaboo Limited may provide you with notices, including those regarding changes to this Agreement or any of the Tweekaboo Service’s terms and conditions, by email, regular mail, or postings on the Tweekaboo Service. Notice will be deemed given twenty-four (24) hours after such email is sent or notice is posted.