Go to Privacy Statement

Terms of Service

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.

  1. DEFINITIONS

    "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.

  2. YOUR CONTENT

    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.

  3. LICENSES FROM Tweekaboo LIMITED

    LICENSE TO Tweekaboo SERVICE

    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.

    LICENSE RESTRICTIONS
    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 AND LEGAL NOTICES

    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.

    TWEEKABOO OWNERSHIP RIGHTS

    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.

    THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES

    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.

    REPRESENTATIONS AND WARRANTIES

    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.

    ACCEPTABLE USE AND CONDUCT

    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:

    Additionally, you agree NOT to:

    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.

  4. TWEEKABOO SERVICE POLICIES

    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.

  5. TWEEKABOO’S RELATIONSHIP WITH USERS

    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.

  6. COPYRIGHT INFRINGEMENT

    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.

  7. FAMILY LAW

    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.

  8. YOUR ACCOUNT

    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.

  9. DISCLAIMER OF WARRANTIES

    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.

  10. INDEMNITY

    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.

  11. YOUR INTERACTIONS WITH OTHER USERS

    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.

  12. LIMITATION OF LIABILITY

    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.

  13. CHANGES TO TWEEKABOO SERVICE

    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.

  14. AMENDMENTS

    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.

  15. TERM AND TERMINATION

    TERM

    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.

    TERMINATION

    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.

    EFFECTS OF TERMINATING

    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.

  16. GOVERNING LAW; VENUE

    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.

  17. RELATIONSHIP OF THE PARTIES

    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.

  18. GENERAL

    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.

    This Agreement, which incorporates the Tweekaboo Privacy Policy and other policy or guidelines, constitutes the entire agreement between you and Tweekaboo Limited and governs your use of the Tweekaboo Service, superseding any prior agreements (whether written or oral) between you and Tweekaboo Limited regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances or inducements not expressly set forth in this Agreement.

    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.

Go to Terms

Privacy Statement

This is a privacy policy for Tweekaboo. Our website is located at http://www.tweekaboo.com

Tweekaboo is owned and operated by Tweekaboo Ltd. We are a company limited by shares which is registered in the Republic of Ireland.

Our registered office/place of business is at:
Unit 7 South Ring Business Park
Kinsale Road
Cork
Co. Cork
Ireland

We are the Data Controller for all personal data which is processed through this site.
We invite you to contact us if you have questions about this policy.
You can contact us in the following ways:

By Post (Snail Mail) Unit 7 South Ring Business Park Kinsale Road Cork Co. Cork Ireland
By email support@tweekaboo.com

Reviews & Updates

This Privacy Statement has been prepared for the BETA release of TWEEKABOO.com. It is effective from and is under regular review as part of beta testing.

We conduct regular reviews of our Data Protection Policies and Privacy Statement as part of a best practice approach to information governance.

Our reviews are conducted:

  1. Annually, or
  2. As part of the implementation of new products, services or features through the site, or
  3. In response to customer feedback, or
  4. In response to feedback or input from the Office of the Data Protection Commissioner
  5. In response to changes in legislation.

Notification of Changes

When changes to our Privacy Statement are proposed, we will communicate the proposed changes to our customers in advance for their reference and to allow for questions or comments to be raised. The changes will be communicated to the account owner

By signing up to the service you consent to receiving email communications relating to changes to Terms and Conditions and Privacy Statements

Continued use of the service after a change in Privacy Statement will constitute acceptance of the revised Privacy Policies.

When we collect information from you, we tell you what we intend to do with it; if we later want to use that information for a different purpose, we shall first send you an email setting out our plans - and it will be up to you whether or not we do so

What data we are collecting and what we will use it for

We aim to meet the highest standards in how we manage and protect the personal data you provide to us to deliver our services to you. We are the sole owner of any information we collect. We never sell, share, or rent this information unless we first disclose the fact in this privacy statement.

We process data for the following purposes:
Registration and Profile Creation
Creating Your Account
We collect the following personal information during the initial site registration process:

Your First Name (Given Name) Required
Your Family Name Required
Your email address Required

We use this data to create the Account Owner Profile. This Account Owner Profile will automatically be created as one of the “Parent” roles for any child profiles created under this account.

Your email address will be used as your login to the Tweekaboo platform.

Creating a “Parent Profile”
When you have registered and provided your contact details (see “Uploading Photos and other content from your Phone” below) you will be able to create and edit your Parent Profile.

In this you will be able to provide information about your parent role (e.g. “Mom”, “Dad”). This is mandatory information at this time. You can also upload a photograph of yourself for your Personal Profile.

Parent Role Required
Photograph Required

Creating “2nd Parent” Login
The Account Holder can invite another person to have a “parent” role in the Tweekaboo account for their partner or another person. This is done by the Account Holder providing certain information to allow us to generate an invitation to the other party.

Parent 2 First Name (Given Name) Required
Parent 2 Family Name Required
Parent 2 Family Name Required
Parent Role Required

The email address provided here will be used as the user login for the second Parent role holder in your Tweekaboo account.

Creating Family Profile
Tweekabo is built around the idea of a “Family” grouping. Therefore we capture an amount of information which can identify a family group. Apart from the basic “Family Name” (which is a free text label for your Family group) we capture some basic information about where your family entity is located so we can correctly apply relevant Privacy regulations that might apply outside the EU.

We also allow you to upload a “Family Photo”. This can be any image, like a Family Crest or a family group photo. It is an optional item on your family profile and will be visible to other tweekaboo users who you invite to connect with your family for sharing content on the tweekaboo platform (for example, family or friends).

Family Name Required
Country Required
State/County Required
Family Photo Required

Creating a Child Profile
Tweekaboo’s core mission is to help you record and share memories for and with your children. To that end we allow you to create a profile for each of your children. We capture the minimum necessary information to start creating that profile.

Child first name Required
Gender Required
Date of Birth Required
Profile Photo Optional

Related uses we will put this information to would include:

Profile photographs of children will not be shared with people other than the Account Holder (Parent 1) and the second created Parent role.

Inviting Family & Friends
Family and friends can become part of your Tweekaboo network. You do this by inviting them to join via Tweekaboo.com. At a minimum we require their name and an email address to create their basic user profile.

Uploading Photos and other content from your Phone
We provide two mechanisms to allow you to upload photographs and other content from your mobile phone.

iPhone users can use the tweekaboo iPhone app. In order for the application to function, we require you to provide your account login credentials in the application. This will then allow the iPhone app to upload directly to your account based on your unique system generated user ID.

For other scenarios, you must provide the following information

The email address you would be sending from on your phone Required
Your main mobile phone number Required
A second mobile phone number Optional

We use these two pieces of information to ensure that content you email to us from your phone (or phones) is associated with the correct account on our service.

This information is displayed to you in your “Parent Profile” so you can easily edit it and keep it updated.

Email Marketing
We will use information provided at registration to generate targeted email marketing messages about activities on the site and various offers and promotions from Tweekaboo or our partners.

Emails may be targeted to

We may make use of the “State/Country” field value associated with the Family Profile to assist in matching email recipients with appropriate messages, activities, and offers.

Recipients will be able to opt-out of these communications by selecting options in their Personal profiles. Every email we send will contain a link that will allow individuals to do this and you will be able to make the changes at any time via your personal profile on Tweekaboo.

Processing of Data relating to Children under 13
By the nature of the services which are offered by Tweekaboo it is necessary to process data relating to identifiable persons under the age of 13. This processing is conducted under the following principles:

  1. We recognise that children, regardless of age, have defined rights under EU Data Protection law. As Tweekaboo is an Irish operated service, the relevant legislation is the Data Protection Acts 1988 and 2003. Other jurisdictions may impose additional obligations which we endeavour to comply with as a matter of good practice but without surrendering to the laws of such jurisdictions.
  2. We appreciate that parents and guardians may wish to exercise controls and restraint over the processing of personal data relating to children
  3. Personal data of children which is processed in Tweekaboo will be done at all times with the full knowledge and consent of an identified and identifiable parent. It is not possible, at this time, for the child or a 3rd party to upload content for processing.
  4. At a point in time (at age 13) the child will be given full access to view, amend or delete personal data held about them but will not be able to upload, share, or otherwise broadcast their personal data without approval from a “Parent” role.

Any questions or queries about our approach to supporting the privacy rights of children should be directed to support@tweekaboo.com

Sharing Content on Facebook and other Social Networks
All content uploaded to Tweekaboo is private by default. However, Tweekaboo may provide the facility for you to publish content from your Tweekaboo network to Facebook, other Social Networks, Twitter or via Email should you wish to do so. You will ALWAYS be required to give consent to the sharing of content or personal data in this way.

It is important that you understand that Tweekaboo cannot take any responsibility for where data is shared or with whom it is shared once it has been published outside of our controlled Tweekaboo community.

In general we would advise you to familiarise yourself with the Privacy policies and privacy controls of any 3rd party social network on which you are sharing information about you or your family, irrespective of your use of Tweekaboo.

Feedback and Comments
To send us a message using our feedback forms we collect your name, email address and comments. At your option we may also collect your postal code. This data will be used by ourselves and our agents for contacting you.

Online Polls and Surveys
From time to time we may run on-Iine polls or surveys about issues affecting parents, families or children, or about the services we are offering on Tweekaboo.

If you wish to participate in an online poll or survey, in addition to your answers, we collect your Internet Protocol (IP) address. This data will be used by ourselves and our agents to help validate the results and help prevent multiple entries from individuals. In addition to this a cookie will be placed on your system after participating in a poll or survey. No identifiable information will be stored in this cookie.

Marketing by 3rd parties
Tweekaboo uses revenue generated from advertising by 3rd parties to help us offer our services to you. Tweekaboo will use anonymised data about you and your family group to allow advertisers to target offers and promotions to you. We will never share personally identifying data with 3rd parties without your express consent.

The data which will be used to support marketing would include:

Personal contact details such as email or telephone numbers will never by shared with 3rd parties by us without your clear and informed consent.

Purchasing goods and services through the site
Tweekaboo is constantly developing partnerships with providers of goods and services which might be of interest to or of use to families in our network. In certain circumstances we will support the purchase of goods from 3rd parties through our site (e.g. purchasing of birthday cards or personalised gifts). This may necessitate the transfer of personal data about you and/or your children to allow that transaction to take place.

We will seek your consent for the transfer of data at each instance so you can be sure of the data that is being transferred and why.

Cookies
Cookies are a technology which can be used to provide you with tailored information from a website. A cookie is an element of data that a website can send to your browser, which may then store it on your system. Cookies are usually stored as text files (with a filename in the format “cookie_name.txt”) but some Adobe Flash based services can write cookies in a different format.

Our site makes use of cookies. Cookies are used for the following purposes:

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can also delete cookies from your computer using your web-browser or your file system (e.g. windows explorer).

You can control Flash cookies using this tool that can be found on the Adobe website.

To learn more about how to control cookies from this (and other) websites you can visit AboutCookies.org.

Web Bugs
Web bugs are small graphics on a Web site or in a HTML-Email message that enable the creation of log-files. These files are exclusively used to collect information on the usage of the Web site. Web bugs are often invisible to the user because they are typically very small and have the same colour as the background of the Web page or Email message. They are usually present as a file which is 1 pixel by 1 pixel in size, with a file name similar to “1x1.gif”.

Tweekaboo and/or advertisers on this site may make use of Web Bugs for the purposes of tracking your interaction with the site. No personal identifying data will be shared in the course of that tracking. We will make every effort to minimise the use of these web bugs to the minimum necessary.

Log Files and Statistics
We use IP addresses, URI's of requested resources, timestamps and HTTP user-agents to analyse trends, administer the system and gather broad demographic information for aggregate use.

In addition to this we use Google Analytics, a web analytics service provided by Google, Inc ("Google"). Google Analytics uses cookies, to help analyse how visitors use our site. The information generated by the cookie about the use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States.

Google will use this information for the purpose of evaluating your use of our website, compiling reports on website activity for Tweekaboo.com and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your Web browser, however please note that if you do this you may not be able to make full use of our website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Links
Our website links to other sites, but we shall always try to warn you when this is the case. Please note that we are not responsible for the privacy practices of other sites: make sure you read their privacy statements if you are concerned about the information they are collecting about you. This statement only applies to our website.

Security
We take every precaution to protect your details. When you submit sensitive information via the website, it is secure both on its way to us and once we receive it. For instance, our membership and donation forms encrypt your credit card number using encryption technology called -- 'secure socket layers' or SSL. If you use Netscape Navigator or Internet Explorer, you can tell whether a page is secure by checking whether there is a locked padlock or key in the right corner of your browser. The URL of the page you are viewing will also begin with https://.

We also do everything in our power to protect your information once we have received it. Our staff can only access your details if they have a specific job to perform, such as dealing with an account enquiry or taking actions necessary under the Terms and Conditions which govern this site. They also have to keep up to date on our security and privacy practices.

Tweekaboo hosting services are provided an Irish registered company utilising servers which are located in the Republic of Ireland.

Please note that the hosting of the tweekaboo.com website and/or personal data submitted by users may be moved to other providers for operational or security reasons. Such changes will be flagged by tweekaboo in an update to our Privacy Policy.

Supplementing Information
We take our responsibilities to protect you from fraud very seriously. To fulfil this obligation, we sometimes may have to supplement the information you give us with information from third party sources – for example, in order to make sure that no-one else is using your credit card. We do not keep this information any longer than we have to.

Correcting/Updating Information
We recognise that details such as your mobile phone number, address, or email address are bound to change over time. Likewise, we recognise that family units can often encounter difficulties which require information to be amended or deleted.

We provide mechanisms through the website to enable individuals to update their own information. You can also submit a request via support@tweekaboo.com if you can’t find an option to make the correction you require or if you need to have a bulk update of data done.

When you submit a request to us via support@tweekaboo.com we will contact you to verify your identity and confirm your authority to make the requested changes. This is done to ensure we are meeting our obligations under the Data Protection Acts 1988 and 2003 to keep data safe and secure and is not intended to cause offence.

Choice/Opt Out
You will always be able to opt out of having your information used for any purpose other than that specifically related to the page where we ask for it. Any mailing lists which you may sign up for through this site will allow you to opt-out of contact.

Likewise, other than communications to the Account Holder or their nominated representative which are necessary for the operation of the site in accordance with our terms and conditions, any member of Tweekaboo.com can opt-out of communications from the site at any time.

Disclosure of Data
Under normal circumstances, Tweekaboo will not make any disclosure of data you provide to any 3rd party. However we will do so:

Right of Access
The Data Protection Acts grant a Right of Access to Personal Data to individuals.

To enquire about Processing
To enquire if we are processing data about you, please send an email to support@tweekaboo.com with the subject line: “Are you processing data about me?”. You will need to provide some personally identifying information in that email to enable us to conduct enquiries in our database. You may be contacted by a representative of Tweekaboo.com to discuss your request and verify your data.

To request a copy of Personal Data
To request a copy of data which we hold about you please send an email to support@tweekaboo.com with the subject line “I would like a copy of the data you hold about me”. You will need to provide personally identifying information to enable us to process your request. You will be contacted by a representative of Tweekaboo to confirm your identity.

We may decline to process your request if we are not satisfied that we can confirm your identity sufficiently to avoid the risk of disclosing data in error. Data can only be disclosed to the individual to whom the data relates. As a result personally identifying data relating to other people (even if they are family members) will be redacted from copies of data we provide to you where it is reasonable and possible to do so.

We will charge the statutory fee of €6.35 for each request for a copy of data. Payment must be made in advance of the data being provided to you.

To request that data be deleted, corrected, blocked from processing, or destroyed
To request that data be deleted, blocked, corrected or destroyed you should send an email to support@tweekaboo.com with the specific request in the subject line (i.e. “Please delete data about me from Tweekaboo”). You must provide enough information in your request for us to be able to identify you.

You will be contacted by a member of the Tweekaboo support team to discuss the nature of your request and confirm the action which you wish to have taken on your behalf.

Customer Feedback
It is important to us that our customers are able to trust our use of their treasured memories. We welcome your feedback on this Privacy Policy and on the functionality and services available on Tweekaboo. We will use this feedback to support continuous improvement of our approach to Privacy and the way Tweekaboo works for you.
You can email your feedback to support@tweekaboo.com

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