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Twiza Terms of Service

Effective: 18 March 2017

Welcome!

We’re thrilled you’ve decided to use Twiza and our other products and services, all of which we refer to simply as the “Services”.

We’ve drafted these Terms of Service (which we call the “Terms”) so you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Twiza So please read them carefully.

By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.

1. Who can use the services

No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.

By using the Services, you state that:

If you are using the Services on behalf of a business or some other entity, you state that you are authorised to grant all licences set out in these Terms and to agree to these Terms on behalf of the business or entity.

2. How Twiza works

Twiza is platform where two people add their thoughts and make a beautiful story. You can write short stories, poetry, quotes, jokes, memes or anything on any topic. Use service in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

3. Rights we grant you

Twiza grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

4. Rights you grant us

Our Services let you create story by posting content in form of words or/and images. Twiza must be assured that it has the right on all the content that is posted by its Users, whether it is posted in the Marketplace or on our Social Network. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

Though we’re not required to do so, we may access, review, screen and delete your content at any time and for any reason, including if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post or send through the Service.

We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.

5. The content of others

Much of the content on our Services is produced by users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Twiza reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we can't – and don't – take responsibility for any content that others provide through the Services.

Through these Terms and our Community Guidelines, we make clear that we don't want the Services to be put to bad uses. But because we don't review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.

6. Community Guidelines

When using Twiza, you agree that you will not:

7. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look, because by using our Services, you agree that Twiza can collect, use and share your information consistent with that policy.

8. Respecting other people’s rights

Twiza respects the rights of others. And so should you. You therefore may not use the Services in a manner that:

You must also respect Twiza’s rights. These Terms do not grant you any right to:

In short: you may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help anyone else to do so.

9. Respecting copyright

Twiza take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Twiza becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please send us a message which contains:

You must sign this notification electronically and send it to our agent at copyright@twizaapp.com.

10. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:

We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws.

11. Your account

You are responsible for any activity that occurs in your Twiza account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.

By using the Services, you agree that, in addition to exercising common sense:

If you think that someone has gained access to your account, please contact us immediately on Twiza Support.

12. Data charges and mobile phones

You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

If you change or deactivate the mobile phone number that you used to create a Twiza account, you must contact us immediately on Twiza Support to prevent us from sending to someone else messages intended for you.

13. Third-party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Twiza is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

14. Modifying the services and termination

We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we may not provide you with any notice beforehand.

Though we hope you remain a lifelong user, you can terminate these Terms at any time and for any reason by deleting your account.

Twiza may also terminate these Terms with you at any time, for any reason, and without advance notice. This means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.

Regardless of who terminates these Terms, both you and Twiza continue to be bound by Sections 4, 8, 11 and 14-21 of the Terms.

15. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Twiza, our affiliates, directors, officers, stockholders, employees, licensors and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms; (d) Your violation of the rights of a third party, including but not limited to infringement of any intellectual property, proprietary right or trade secret of any person or entity, or of any privacy or consumer protection right that is implicated herein; (e) any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; (f) Your negligence or willful misconduct. These obligations will survive termination of this Agreement.

16. Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE TWIZA ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

TWIZA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH TWIZA WILL BE RESPONSIBLE FOR.

TWIZA MAKES NO WARRANTY AGAINST INTERFERENCE OF YOUR ENJOYMENT OF THE SERVICES; FOR LOSSES OR DAMAGES INCLUDING ANY PERSONAL INJURY ARISING FROM OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THE SERVICES, USE OF ANY CONTENT CREATED, UPLOADED, POSTED, SENT, RECEIVED, STORED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICES OR FOLLOWING A FAILURE, SUSPENSION OR WITHDRAWAL OF ALL OR PART OF THE SERVICES AT ANY TIME; ANY BUGS, VIRUSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES, THAT OUR SERVICES WILL BE FUNCTIONAL, UNINTERRUPTED, ERROR-FREE OR BUG-FREE OR MEET YOUR REQUIREMENTS; REGARDING THE SECURITY, RELIABILITY OR TIMELINESS OF THE SERVICES; THAT ANY ERRORS, BUGS OR FAILURES IN THE SERVICES WILL BE CORRECTED. ACCORDINGLY, YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS PURELY VOLUNTARY ON YOUR PART, AT YOUR OWN RISK AND THEREFORE AGREE TO BEAR ANY AND ALL RISK WHATSOEVER AND/OR HOWSOEVER CAUSED. ANY CONTENT OR MATERIAL DOWNLOADED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA OCCURRING ON YOUR DEVICE OR ANY OTHER LOSS OR DAMAGES OF ANY KIND RESULTING FROM THE DOWNLOAD AND USE OF THE SERVICES. NO ADVICE, COURSE OF CONDUCT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWIZA OR ANY PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THIS AGREEMENT.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWIZA AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF TWIZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18. Choice of law

This Agreement shall be governed by the laws of India. You irrevocably consent to the exclusive jurisdiction of courts in Bangalore, India for all disputes arising out of or relating to this Agreement.

19. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

20. Amendments to this Agreement

We may in our sole discretion amend this Agreement from time to time without any prior notice. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Twiza Terms of Service that’s available on our website and mobile application. Other times, we may provide you with additional notice (such as adding a statement to our websites’ home pages or providing you with an in-app notification). This may include adding new or different terms to, or removing terms from, this Agreement. Your use of the Services upon publication of such amended terms shall constitute your deemed acceptance to the amended Agreement.

21. Final terms

Contact us

Twiza welcomes comments, questions, concerns or suggestions. You can send us feedback on Twiza Team.