Terms & Conditions

Tweetspinner.com is not affiliated with Twitter.com.

This document is a legal agreement for use of Tweetspinner.com, which includes a Web site and its related computer software (including databases, operating systems, and programming languages), computer hardware (including servers and backup servers), networking, documentation, and associated media, as well as interaction with third-party applications including Twitter.com (collectively "Software Product"), between you ("User" or "you") and Tweetspinner.com ("TS"). By accessing, creating an account, authorizing use of your Twitter.com account, logging in, or otherwise using Software Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use Software Product.

Copyright Notice
Software Product, save for third-party applications, is Copyright 2009-2011, Tweetspinner.com. All rights reserved. All materials contained on this site are protected by United States and international copyright law. No part of these pages or this site may be reproduced, posted, stored, distributed, displayed, published, broadcast, or transmitted without the prior written permission of TS.

Use of Software Product
"Use" of Software Product in this Agreement is defined as User's interaction with Software Product, including, but not limited to, the creation of scheduled actions to execute at a later date, and the execution of said scheduled actions at a later date.

User is solely responsible for use of Software Product, and any and all results resulting from use of Software Product. You agree not to use Software Product to faciliate theft of copyrighted information or trademarks. You agree not to use Software Product to violate or circumvent any Terms & Conditions of third-party sites, including, but not limited to, Twitter.com. You agree not to use Software Product to deceptively advertise, to promote products that violate Twitter's Terms of Service, to promote products to "get followers fast" or otherwise circumvent Twitter's terms, to offer Twitter accounts for sale, to use any means to automate the promotion of affiliate links, to promote any illegal or questionable products or services, to engage, or plan to engage in, any illegal activity, or to engage in any morally dubious activity.

You may absolutely not use Software Product to spam or otherwise abuse Twitter.com. This includes using our product to send irrelevant promotional materials as tweets or DMs, to send duplicate tweets, to aggressively follow and/or unfollow users, to engage in "follower churn", or for any other practice that, in the evolving world of Twitter, is seen as spammy, inappropriate, unethical, or which otherwise violates evolving Twitter Terms of Service or other rules, regulations, agreements, or terms that Twitter, or associated third party apps or sites, require or may require in the future.

Software Product helps users interact and manage their Twitter.com accounts. As such, you further agree to use Software Product in a manner consistent with Twitter.com's Terms & Conditions. You recognize and understand that TS does not have any relationship with Twitter.com.

Privacy
Your information is private and confidential.

Any and all interactions User has with Software Product, or information provided or gained in service of said interactions – including archiving of Direct Messages, tweets, and so forth – are private and confidential to User, and we will not share said information or interactions with anyone, except when required by law, for the purposes of debugging (with User's consent), or for the purposes of tracking unauthorized access to User's account (with User's consent). (That said, if a giant bird flies off with our server (or there is some other unauthorized, illegal, or "act of God" in regards to Software Product), well, we cannot guarantee that your information will remain private.)

Similarly, we will not share, disseminate, or otherwise misuse any personal information provided by User, including email address, IP address, or contact information. If User chooses to sign-up to any of our email announcement lists, we will send occasional promotional emails to User, which can be opted-out of at any time. We further note that any sign-up to said announcement lists requires an explicit opt-in from User.

Please note that we may provide User, at User's request, information about access or use of his or her account. Such information typically includes login information and login IP address. Typically we do this to provide a means for User to determine if anyone obtained unauthorized access to his or her account.

We will not follow, tweet, unfollow, DM, delete a DM, or take any other action on User's behalf on Twitter.com without User's explicit permission. In other words, if User authorizes a Twitter account for use on TS, we strive to only take actions on Twitter.com, or any third-party app, that User explicitly authorizes us to take, and which User clearly understands we will take.

Like most modern Web sites, we use cookies. But we do not share these cookies, nor do we utilize any third-party advertising networks which implant advertising network cookies on your Web-device.

Please keep your username and password to our site confidential. We obviously cannot keep your information confidential and private if someone obtains unauthorized access to your TS or Twitter.com account.

Indemnification
User agrees to defend, indemnify and hold harmless TS and its shareholders, directors, officers, employees, agents, affiliates, and any person or entity involved in creating, producing, servicing, or distributing Software Product from and against all claims and expenses, including attorneys' fees, arising out of use or misuse of Software Product, technical glitches, bugs, security weaknesses, unauthorized access in or to Software Product, unauthorized access in or to your account on TS, or unauthorized access in or to your Twitter.com account, or any other result arising out of Software Product.

Disclaimers
User expressly agrees that use of Software Product is at User's sole risk. You agree that Software Product is provided "as is" and without warranties of any kind either express or implied. You also understand and agree that, while we make every effort to ensure that Software Product does not contain any security weaknesses, we are not responsible for any data loss, hacker attacks, backdoors, privacy breaches, trojan horses, or other security or data incidents resulting from use of Software Product, or from our installation services, installation advice, or digital or telephonic communications related to use of Software Product.

You recognize that since TS does not have any formal relationship with Twitter.com, TS does not guarantee or warrant any particular result from use of Software Product with Twitter.com or third party sites or applications. TS does not warrant or guarantee any result from in terms of performance of your account on Twitter.com, or third party sites, through use of Software Product; TS does not warrant or guarantee the reliability or security of Twitter.com, or third party sites or applications, in their ability to respond to our actions on behalf of User in a timely, secure, thorough, complete, or uninterrupted manner; TS does not warrant or guarantee the reliability, accuracy, or comprehensiveness of data delivered by Twitter.com to TS; TS does not warrant or guarantee that Twitter.com will not punitively act on User's Twitter.com account or accounts, including suspensions or legal action, as a direct result of User's use or mis-use of Software Product. You recognize that TS does not make any guarantees or warranties of any kind regarding any action, or inaction, by Twitter.com in direct or indirect response to User's use of Software Product.

To the fullest extent permissible pursuant to applicable law, TS disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TS does not warrant that this site or its Software Product will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects will be corrected.

LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL TS, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS -- EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIM -- ARISING FROM USE OF SOFTWARE PRODUCT OR FROM EMAILED ADVICE OR DOCUMENTATION. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO SOFTWARE PRODUCT, RELATIONSHIPS WITH ASSOCIATED THIRD-PARTY SITES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO TWITTER.COM, AND ALL CONTENT ON THIS SITE.

USER AGREES THAT NO INFORMATION IN THIS SITE CONSTITUTES LEGAL ADVICE. USER AGREES THAT ALL INFORMATION, PROGRAMS, STRATEGIES, IDEAS, AND THOUGHTS IN THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. USER DOES NOT HOLD TS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT RESPONSIBLE FOR ANY ACTIONS TAKEN BY USER.

NEITHER TS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, LEGALITY, ACCURACY, VALIDITY, OR COMPLETENESS OF THE INFORMATION CONTAINED IN THIS SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SOFTWARE PRODUCT.

USER IS SOLELY RESPONSIBLE FOR ANYTHING HE OR SHE DOES WITH SOFTWARE PRODUCT, THAT HE OR SHE CONTRACTS US TO DO, OR IN RESPONSE TO THE CONTENT IN THIS SITE. USER HOLDS TS, ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, AFFILIATED PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SOFTWARE PRODUCT HARMLESS FOR ANY OF HIS OR HER ACTIONS. IT IS USER'S SOLE RESPONSIBILITY TO THOROUGHLY ASSESS THE LEGALITY, PROFITABILITY, AND VIABILITY OF USING THIS SOFTWARE PRODUCT.

YOU FURTHER UNDERSTAND THAT TS MAKES NO WARRANTIES, GUARANTEES, OR CLAIMS IN REGARDS TO YOUR OUTCOME BY USING THIS SOFTWARE.

Subscription Fees and Payment
You may optionally initiate a paid subscription for Software Product. Paying subscribers are granted additional services for the life of said subscription. Subscriptions are billed every month via PayPal.com, which, in turn, will charge your PayPal account, a connected bank account, or a connected credit card acount. Unless you manually approve changes to the terms of your subscription, the billed amount will remain the same for each period billed. By initiating a paid subscription with us, you grant us the right to charge your aforementioned account until cancellation of the subscription.

Subscription Cancellation
You may cancel your subscription at any time. You may cancel your subscription by logging into your TS account, going to the subscription page, and following the cancellation link; by emailing us at support@tweetspinner.com; by phoning us at 503-231-7383; or by logging into PayPal.com, finding the subscription, and cancelling through that site. Cancellations grant no refunds, either complete or pro-rated, for already billed periods. When you cancel your subscription, the enhanced services on our site associated with said subscription will remain available until the billing period end date.

Subscription Refunds
We do not offer refunds for any purchases.

Additional Legal Notices
We reserve the right to cancel your account, or restrict your account, at any time for any reason. Violation of any provision of this Agreement may result in the immediate suspension or cancellation of User's account. User further understands that such cancellations will not entitle user to any refund of any amounts paid for use of Software Product.

User understands that TS may discontinue or modify existing features at any time, and that said discontinuation or modification shall not be grounds for subscription refunds. User understands that we may "mothball" non-subscriber accounts who have not logged into Software Product for a long period of time.

Any failure by TS to enforce any of the rights specified in the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, TS, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect. It is your responsibility to determine if use of Software Product is in violation of any local, state, regional, or national laws. Under no circumstances shall TS ever be liable for an amount greater than the price you paid for the Software Product.

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by email, to your address on our records, or the posting on our site is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.

Any rights not expressly granted herein are reserved.