Last Updated: July 1, 2009

Tweservation (“Tweservation” or “we”) provides a means of making reservations utilizing your Twitter account (the “Services”) and www.tweservation.com (the “Site”).  Please read the following terms and conditions (“Terms of Use”) carefully.  These Terms of Use govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms of Use, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Services (“Content”), and constitute a binding legal agreement between you and Tweservation.

Certain areas of the Site (and your access to or use of certain Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is a conflict between these Terms of Use and terms and conditions posted for a specific area of the Site, Services or Content, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site, Services or Content.

These Terms of Use apply to the beta version of the Site, Services, and the Content (the “Beta”).  As new features are added, and the Site, Services and the Content evolve, these Terms of Use will be revised and updated accordingly.  You agree not to share any information about the Site, Services or the Content or our proposed business, or use such information for any purpose other than to participate in this Beta.  By registering for this Beta version of the site, you hereby represent and warrant that you do not work for a Tweservation competitor.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR THE SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT.

Modification
Tweservation reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice.  If we modify these Terms of Use, we will post the modification on the Site or provide you with notice of the modification.  We will also update the “Last Updated Date” at the top of the home page of the Site.  By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use.  If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Site and the Services.

Eligibility and Account Registration
The Site and Services are intended solely for persons who are 16 or older.  Any access to or use of the Site or Services by anyone under 16 is expressly prohibited.  By accessing or using the Site or Services, you represent and warrant that you are 16 or older.

In order to access certain features of the Site and Services and to post any Content on the Site or through the Services, you must register to create an account (“Account”) and become a “User.”  To become a User, you must be at least 16 years old.  Any registration by anyone under 16 is void.  By completing the registration process to create an Account, you represent and warrant that you are 16 or older.

During the registration process, you will be required to provide certain information, including but not limited to, your Twitter login credentials. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.  Tweservation reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

You are responsible for safeguarding your password.  You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions.  You will immediately notify Tweservation of any unauthorized use of your Account.

Privacy
See Tweservation’s Privacy Policy at www.tweservation.com/privacy.php for information and notices concerning Tweservation’s collection and use of your personal information.

Ownership
The Site, Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in these Terms of Use, Tweservation and its licensors exclusively own all right, title and interest in and to the Site, Services and Content, including all associated intellectual property rights.  You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Content.

Content License
Subject to your compliance with the terms and conditions of these Terms of Use, Tweservation grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes.  You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services or Content, except as expressly permitted in these Terms of Use.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tweservation or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

User Content
Users may post, upload, publish, submit or transmit text, graphics, images, music, software, audio, video, information or other materials to be made available through the Site and Services (“User Content”).  By making available any User Content through the Site and Services, you hereby grant Tweservation and our licensees and business partners,  a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content. Separate and apart from the license to your User Content that you grant to us in these Terms of Service, you grant to all other Users a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any User Content solely for such users’ personal and non-commercial purposes.  Tweservation does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services.  Accordingly, you represent and warrant that:  (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Tweservation the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Tweservation’ use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”).  You may submit Feedback by emailing us at info@tweservation or through the “Help” section of the Site.  You acknowledge and agree that all Feedback will be the sole and exclusive property of Tweservation and you hereby irrevocably assign to Tweservation and agree to irrevocably assign to Tweservation all of your right, title, and interest in and to all Feedback, including without limitation, all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.  At Tweservation’s request and expense, you will execute documents and take such further acts as Tweservation may reasonably request to assist Tweservation to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions
You agree not to do any of the following while using the Site, Services or Content:

• Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that:  (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
• Use, display, mirror, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, Tweservation’s name, any Tweservation trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Tweservation’s express written consent;
• Access, tamper with, or use non-public areas of the Site, Tweservation’s computer systems, or the technical delivery systems of Tweservation’s providers;
• Attempt to probe, scan, or test the vulnerability of any Tweservation system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tweservation or any of Tweservation’s providers or any other third party (including another user) to protect the Site, Services or Content;
• Attempt to access or search the Site, Services or Content or download Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tweservation or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Tweservation trademark, logo URL or product name without Tweservation’s express written consent;
• Use the Site, Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Tweservation will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law.  Tweservation may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.  You acknowledge that Tweservation has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  Tweservation reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Tweservation, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

Copyright/DMCA Policy
Tweservation respects copyright law and expects its users to do the same.  Tweservation has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see Tweservation’s Copyright/DMCA Policy at copyright@tweservation.com, for further information.

Links
The Site may contain links to third-party websites or resources.  You acknowledge and agree that Tweservation is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Tweservation of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation
If you breach any of these Terms of Use, Tweservation will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you.  Tweservation reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause.  In the event Tweservation terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder.  You may cancel your Account at any time by sending an email to info@tweservation.com.

Disclaimers
THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITING THE FOREGOING, TWESERVATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TWESERVATION MAKES NO WARRANTY THAT THE SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  TWESERVATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TWESERVATION OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICES OR PERSONS YOU MEET THROUGH USE OF the SITE OR SERVICES

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE BUSINESS UTILIZING TWESERVATION FOR COMMERCIAL PURPOSES.  YOU UNDERSTAND THAT TWESERVATION DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES TWESERVATION MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES.  TWESERVATION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES.  YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity
You agree to defend, indemnify, and hold Tweservation, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services or Content, or your violation of these Terms of Use.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT REMAINS WITH YOU.  NEITHER Tweservation NOR ANY OTHER party involved in creating, producing, or delivering the Site, Services or Content will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS or from the use OF or inability to use the SITE, ServiceS OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not TWESERVATION has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.  YOU SPECIFICALLY ACKNOWLEDGE THAT TWESERVATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.  FURTHER, TWESERVATION WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

In no event will TWESERVATION’ aggregate liability arising out of or in connection with THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT EXCEED TWENTY ($20.00) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TWESERVATION AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Acknowledgement of Private Beta
You acknowledge and agree that: (a) the Site, Services and the Content have not been commercially released by Tweservation; (b) the Site,  Services and the Content may not operate properly, be in final form or fully functional; (c) the Site,  Services and the Content may contain errors, design flaws or other problems; (d) it may not be possible to make the Site,  Services and the Content fully functional; (e) the information obtained via the Site,  Services and the Content may not be accurate; (f) use of the Site,  Services and the Content may result in unexpected results, loss of data or communications or other unpredictable damage or loss; (g) Tweservation is under no obligation to release a commercial version the Site,  Services and the Content; and (h) Tweservation has the right to unilaterally abandon development of the Site,  Services and the Content at any time and without any obligation or liability to you. You acknowledge and agree that you should not rely on the Site, Services and the Content for any reason.  You further acknowledge and agree that you are solely responsible for maintaining, backing up, and protecting all of your User Content. 

Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Tweservation used herein are trademarks or registered trademarks of Tweservation.  Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction
These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between Tweservation and you regarding the Site, Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Tweservation and you regarding the Site, Services and Content.

Assignment
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Tweservation’s prior written consent.  Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect.  Tweservation may assign or transfer these Terms of Use, in its sole discretion, without restriction.  Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
You consent to the use of:  (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Site or Services.  Any notices or other communications required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given:  (x) by Tweservation via email (in each case to the address that you provide) or (y) by posting to the Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General
Tweservation’s failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tweservation.  Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.  If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting Tweservation
If you have any questions about these Terms of Use, please contact Tweservation at info@tweservation.com

Terms of service

Tweservation, LLC (“Tweservation”) respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Tweservation will respond expeditiously to claims of copyright infringement committed using the Tweservation service and/or the Tweservation website (the “Site”) that are reported to Tweservation’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Tweservation’s Designated Copyright Agent.  Upon receipt of Notice as described below, Tweservation will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.