TWITPIC
Terms of Service ("Terms")
These Terms of Service ("Terms") govern your access to and use of Twitpic, including our website (twitpic.com) (collectively, the "Services"), and to archives of images, text, and other materials that users previously uploaded to the Services and posted publicly (collectively referred to as "Archived Content"). The Services are operated and provided by Twitter, Inc. and Twitter International Company (collectively, "Twitter").
As of the effective date of these Terms, the Services only allow access to Archived Content. All other features of the Services are disabled. In accordance with these Terms, users of the Services can view Archived Content but no longer have the ability to create a Twitpic account, log into a Twitpic account, or post new content. By using the Services you agree to be bound by these Terms.
1. Who May Use the Services
You may use the Services only if you agree to form a binding contract with Twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.
2. Privacy
Twitpic's Privacy Policy (twitpic.com/static/privacy), describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Twitter and its affiliates.
3. Content on the Services
Any use or reliance on any Archived Content on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Archived Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Archived Content was submitted by users of the Services and is the sole responsibility of the person who originated such content. We may not monitor the Archived Content and we cannot take responsibility for such Archived Content.
We reserve the right to remove Archived Content that violates these Terms, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://support.twitter.com/forms/dmca) or contacting our designated copyright agent at:
Twitter, Inc.
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://support.twitter.com/forms/dmca
Email: copyright@twitter.com
Your Rights
You retain your rights to Archived Content you submitted, posted or displayed on or through the Services. What's yours is yours - you own your Archived Content. You acknowledge that you have granted Twitter a worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. This license authorizes us to make Archived Content available to the rest of the world and to let others do the same. You may end your legal agreement with Twitter at any time by deleting your Archived Content and discontinuing your use of the Services. Please contact us here to request the deletion of your content.
4. Using the Services
Please review the Twitter Rules, which are part of these Terms and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations.
Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Archived Content without liability to you.
In consideration for Twitter granting you access to and use of the Services, you agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Twitter's computer systems, or the technical delivery systems of Twitter's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Twitter (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Twitter (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Twitter is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Twitter, its users, and the public. Twitter does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
Your License to Use the Services
Twitter gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twitter, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Twitter name or any of the Twitter trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Archived Content provided by users) are and will remain the exclusive property of Twitter and its licensors. Any feedback, comments, or suggestions you may provide regarding Twitter or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with Twitter at any time by deleting your Archived Content and discontinuing your use of the Services. Please contact us here to request the deletion of your content.
We may delete your Archived Content or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Twitter Rules; (ii) you create risk or possible legal exposure for us; (iii) Archived Content should be removed due to unlawful conduct; (iv) Archived Content should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, and 6.
5. Limitation of Liability
By using the Services you agree that any liability of Twitter, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors is limited to the maximum extent permissible in your country of residence.
6. General Terms
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at twitpic.com/static/tos, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms by posting the new Terms on our website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Twitter's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If you live in the United States, these Terms are an agreement between you and Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A.
If you live in the European Union or otherwise outside the United States, these Terms are an agreement between you and Twitter International Company, an Irish company with its registered office at One Cumberland Place, Fenian Street Dublin 2, D02 AX07 Ireland.
If you have any questions about these Terms, please contact us.
Effective: May 25, 2018