Tweevio Terms of Service Last updated: 09-05-2019
These terms and conditions (“Terms”, “Agreement”) are an agreement between Jason Matta (the “Developer”) (“Developer”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the Tweevio mobile application and any of its products or services (collectively, “Mobile Application” or “Services”).
2. AGE REQUIREMENT
4. COMPLIANCE AND DISCLOSURE
Developer reserves the right to contact you regarding our or your compliance with, and the performance of, these Terms or any activities related to our Services. Developer may also disclose these activities or content relating to the Services if required to do so by the law or in the good faith belief that this action is reasonable and necessary to: Comply with the law or legal process; Enforce these Terms of Service; Respond to claims that the activities relating to the Services that violate the rights of third parties; or to protect the rights, property, or personal safety of Developer, Service users, or the public.
5. NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES
7. MODIFICATION OF TERMS
8. USE OF SERVICES
This Agreement lists rules and guidelines for using our Services, including (but not limited to) how these Services can be copied or used. By accessing, registering for or using the Services, you agree to be bound by the following rules: Developer Code of Conduct Tweevio (the “Application”) allows users to save GIFs or Videos and share them on a social media application. The following requirements apply to your use of the application: You will not use any electronic communication feature of the Application for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. You will not use the Application to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the Developer of such rights. You will not collect or store personal data about other users of the Application. You will not use the Application for any commercial purpose not expressly approved by Developer in writing. You will not use the Application to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication. You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. You will not use the Application when you are driving a motor vehicle, even if doing so is legally permitted in your location. You will not infringe on any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty Copy Restrictions Developer respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to: decompile, disassemble, or electronically transfer our Services to third parties; modify our Services in any way; reverse engineer, or permit others to reverse engineer, our Services; copy the user manuals, help features, user forums and other documentation associated with our Services; rent, lend, publicly perform, present, broadcast or distribute our Services; make derivative works of our Services; translate our Services into another computer language; use our Services on a device that you do not own or control; copy, modify, transfer, or use our Services in a way that is not specifically mentioned by us in this Terms of Service.
9. TRADEMARKS AND COPYRIGHTS
The Application is owned by Developer or its affiliates or agents, and is protected by the Canadian Copyright Act. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Developer or its affiliates or agents. Nothing contained in the Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Application without the written permission of Developer or such third party that may own the trademarks displayed in the Application. Your use of the trademarks displayed in the Application, or any other content in the Application, except as provided herein, is strictly prohibited. Images displayed through the Application are either the property of, or used with permission by, Developer or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
10. TERM AND TERMINATION
11. REPRESENTATIONS AND WARRANTIES
By accessing, registering for, using, or downloading our Services you agree to indemnify, defend and hold harmless Developer, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to: Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service; Your use of and/or access (or any use or access by a third party on your account) to the Services; Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or In the event that a claim, suit, or action (“Suit”) is brought against you, we will provide notice of this Suit to your contact information we have on file.
13. LIMITATION OF LIABILITY
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with our Services is to request that your user profile be deleted and to stop using the Services. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Developer, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE Developer SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER Developer HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO Developer SERVICES WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO Developer DURING THE PRIOR THREE MONTHS IN QUESTION.
14. WARRANTY DISCLAIMER
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Developer SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Developer DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF Developer SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Developer AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
15. EXCLUSIONS AND LIMITATIONS
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service.
17. NO AGENCY
You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and Developer by this Agreement.
You agree that Developer may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Developer Services.
a. Entire Agreement
b. Choice of Law and Forum
The Terms of Service and the relationship between you and Developer are governed by canadian laws. You and Developer agree to submit to the personal and exclusive jurisdiction of the courts located within Ottawa, Ontario.
Developer may assign or transfer (whether by merger, reorganization, consolidation, Intellectual Property or otherwise) this Agreement or any obligation incurred under this Agreement. Developer may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.
d. Waiver and Severability of Terms
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If Developer does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by Developer in writing.
e. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Developer Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.