
TweeterStoreOnTwitter.com
Web
Site Agreement
The
Tweeter Store On Twitter Web
Site (the "Site") is an online information service provided by
TweeterStoreOnTwitter.com ("Tweeter Store On Twitter "), subject to
your compliance with the terms and conditions set forth below. PLEASE
READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR
USING
THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS
OR USE THE SITE. Tweeter Store On Twitter MAY MODIFY THIS AGREEMENT AT
ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The
entire contents of the Site
are protected by international copyright and trademark laws. The owner
of the
copyrights and trademarks are Tweeter Store On Twitter, its affiliates
or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download
portions of material from the different areas of the Site solely for
your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant
to
Tweeter Store On Twitter a non-exclusive, royalty-free, worldwide,
perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit,
create derivative works of, publicly display and publicly perform any
materials
and other information (including, without limitation, ideas contained
therein
for new or improved products and services) you submit to any public
areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to
Tweeter Store On Twitter by all means and in any media now known or
hereafter
developed. You also grant to Tweeter Store On Twitter the right to use
your
name in connection with the submitted materials and other information
as well
as in connection with all advertising, marketing and promotional
material related
thereto. You agree that you shall have no recourse against Tweeter
Store On
Twitter for any alleged or actual infringement or misappropriation of
any
proprietary right in your communications to Tweeter Store On Twitter.
TRADEMARKS.
Publications,
products, content
or services referenced herein or on the Site are the exclusive
trademarks or
service marks of Tweeter Store On Twitter. Other product and company
names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of
the Site.
You
understand that, except for information, products or services clearly
identified as being supplied by Tweeter Store On Twitter, Tweeter Store
On
Twitter does not operate, control or endorse any information, products
or
services on the Internet in any way. Except for Tweeter Store On
Twitter-
identified information, products or services, all information, products
and
services offered through the Site or on the Internet generally are
offered by
third parties, that are not affiliated with Tweeter Store On Twitter a.
You
also understand that Tweeter Store On Twitter cannot and does not
guarantee or
warrant that files available for downloading through the Site will be
free of
infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing
sufficient procedures and checkpoints to satisfy your particular
requirements
for accuracy of data input and output, and for maintaining a means
external to
the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET.
Tweeter Store On Twitter PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Tweeter
Store On Twitter SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Tweeter Store On Twitter DOES
NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR
ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Tweeter Store On Twitter HAS
NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL Tweeter Store On Twitter BE LIABLE FOR (I) ANY
INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Tweeter
Store On
Twitter OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED
THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT
APPLY TO YOU. IN SUCH STATES, Tweeter Store On Twitter LIABILITY IS
LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Tweeter
Store On Twitter makes no representations whatsoever about any other
web site
which you may access through this one or which may link to this Site.
When you
access a non-Tweeter Store On Twitter web site, please understand that
it is
independent from Tweeter Store On Twitter, and that Tweeter Store On
Twitter
has no control over the content on that web site. In addition, a link
to a
Tweeter Store On Twitter web site does not mean that Tweeter Store On
Twitter
endorses or accepts any responsibility for the content, or the use, of
such web
site.
3.
Indemnification.
You agree
to indemnify, defend
and hold harmless Tweeter Store On Twitter, its officers, directors,
employees,
agents, licensors, suppliers and any third party information providers
to the
Service from and against all losses, expenses, damages and costs,
including
reasonable attorneys' fees, resulting from any violation of this
Agreement
(including negligent or wrongful conduct) by you or any other person
accessing
the Service.
4. Third
Party Rights.
The
provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the benefit of
Tweeter
Store On Twitter and its officers, directors, employees, agents,
licensors,
suppliers, and any third party information providers to the Service.
Each of
these individuals or entities shall have the right to assert and
enforce those
provisions directly against you on its own behalf.
5.Term;
Termination.
This
Agreement may be terminated
by either party without notice at any time for any reason. The
provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This
Agreement shall all be governed
and construed in accordance with the laws of The United States of
America/
Canada applicable to agreements made and to be performed in The United
States
of America/ Canada. You agree that any legal action or proceeding
between
Tweeter Store On Twitter and you for any purpose concerning this
Agreement or
the parties' obligations hereunder shall be brought exclusively in a
federal or
state court of competent jurisdiction sitting in The United States of
America/
Canada . Any cause of action or claim you may have with respect to the
Service
must be commenced within one (1) year after the claim or cause of
action arises
or such claim or cause of action is barred. Tweeter Store On Twitter's
failure
to insist upon or enforce strict performance of any provision of this
Agreement
shall not be construed as a waiver of any provision or right. Neither
the
course of conduct between the parties nor trade practice shall act to
modify
any provision of this Agreement. Tweeter Store On Twitter may assign
its rights
and duties under this Agreement to any party at any time without notice
to you.
Any
rights not expressly granted herein are reserved.