Twine Web Site Terms and Conditions

Terms and Conditions

Date of Last Revision: May 13th, 2009

Welcome to Twine. Twine offers a way for you to collect and share content online, though a service located at www.twine.com (the “Twine Service”). The Twine Service is provided by Radar Networks, Inc. (including our affiliates, subsidiaries, employees and agents “Radar Networks” or “We”).

These terms and conditions (“Terms”) apply to your access and use of the Twine Service. Please read these Terms carefully. Your use of the Twine Service will constitute your agreement to comply with the terms contained in this Agreement. If you do not agree with these Terms, you must discontinue your use of the Twine Service. Also, please note that Radar Networks may revise these Terms from time to time. If any of those changes are material, we will provide a notice concerning the changes on this page or in some other reasonable manner. Your use of the Twine Service must comply with the Terms in place at the time of your use.

If you are using the Twine Service on behalf of any entity, you must be authorized to accept these Terms on such entity’s behalf. Also, you must be at least 18 years old to use the Twine Service. Please note these Terms do not alter in any way the terms or conditions of any other agreement you may have with Radar Networks.

These Terms are divided into two parts. The first Part applies to all visitors to and users of the Twine Service. The second Part applies to registered users of the Twine Service. If you have any question regarding the use of the Twine Site, please refer to the Help Section or the Frequently Asked Questions. All other questions or comments about the Twine Site or its contents should be directed to info@twine.com.

Part 1: Terms for All Visitors and Users

Privacy Policy. Our Privacy Policy describes how Radar Networks collects, uses and discloses personally identifiable information from users of the Twine Service. Our Privacy Policy is hereby incorporated into and constitutes part of these Terms.

Copyright Concerns. If you believe that your work has been copied and is accessible through the Twine Service in a way that constitutes copyright infringement, please notify us. The notice must be provided to our copyright agent (address below) and include all of the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

As of the date of the posting of these Terms, the information that you need to provide includes:

• identification of the copyrighted work that allegedly has been infringed;
• identification of the material on the Twine Service that you believe infringes the copyright (with sufficient specificity to allow us to locate it on the Twine Service);
• a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; a statement that the information you have provided is accurate and, under penalty of perjury, that you are the owner of the copyright involved or are otherwise authorized to act for the owner;
• your physical or electronic signature; and
• your contact information.

You can send your notice of copyright infringement concerning the Twine Service by email to dmca@twine.com, by fax to 415-848-7520, or by postal service to:

We will need all of the information described above, and any additional information required by law, in order to act on your complaint. We will respond to each complaint quickly and diligently.

Use of the Twine Service. You are entitled to use the Twine Service only for non-commercial and personal purposes. Any other uses require permission from Radar Networks. You must not reproduce, modify, distribute or resell the Twine Service. You must not engage in any activity that interferes with the Twine Service. Unless otherwise agreed in writing by Radar Networks, you must not attempt to access the Twine Service through any means other than the interface provided to you through the Twine Service. Radar Networks may make changes to the Twine Service at any time without notice to you, including discontinuation of any feature or function or of the overall service itself. Radar Networks may also impose limits on the use of the Twine Service, including limits on storage, sharing and other activities, at any time.

Ownership of the Twine Service and Other Property. Unless otherwise indicated, the Twine Service and all content and other materials provided through the service, including without limitation all designs, text, graphics, pictures, information, data, software, sound files, other files and the related selection and arrangement are the proprietary property of Radar Networks or its licensors or users and are protected by U.S. and international intellectual property laws.

Radar Networks, Twine and any other product or service name or slogan contained in the Twine Service are trademarks of Radar Networks and may not be copied or used without the prior written permission of Radar Networks. You may not use any metatags or any other “hidden text” with the phrase “Radar Networks”, “Twine” or any other name, trademark or product or service name of Radar Networks without our prior written permission. All trademarks, service marks, product names and company names or logos mentioned in the Twine Service are the property of their respective owners. Reference to any products, services or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply any endorsement, sponsorship or recommendation by us.

Third Party Content, Products and Services. The Twine Service provides links to third party Web pages and content (collectively, “Third Party Content”). As a provider of interactive services, Radar Networks is not liable for any statements, representations or content provided by its users through the Twine Service. We do not monitor or have any control over any Third Party Content and take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party or for any mistakes, defamation, falsehoods, obscenity, pornography or profanity you may encounter. In addition to providing Third Party Content, Radar Networks may run third party advertisements and promotions on the Twine Service or, if you have opted-in to receive email communications from us, may send you promotional offers or messages regarding third party products or services. Radar Networks may also make certain third party applications available to users of the Twine Service. Radar Networks does not endorse, monitor or have any control over those third party applications, products or services and makes no guarantee as to their value or the results you may obtain from them. You assume full responsibility for your use of Third Party Content or any third party applications, products or services and such use is at your own risk.

Third Party Applications Programming. Radar Networks provides APIs and services that enable third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by Radar Networks and its users or that retrieve data from third-party sites for use on the Twine Service. In order to take advantage of our APIs or otherwise participate in our programs for Platform Developers, Platform Developers will need to enter into our standard Developer Agreement.

Termination. If Radar Networks deems it necessary or appropriate, in its discretion, Radar Networks may terminate your access to the Twine Service and to block or prevent future your access to and use of the Twine Service.

Warranty Disclaimer. THE TWINE SERVICE AND ANY CONTENT, DATA, APPLICATIONS OR OTHER MATERIALS OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE TWINE SERVICE ARE PROVIDED ON AN “AS IS” BASIS AND “WITH ALL FAULTS.” RADAR NETWORKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. RADAR NETWORKS DOES NOT REPRESENT OR WARRANT THAT MATERIALS AVAILABLE FROM THE TWINE SERVICE ARE ACCURATE, COMPLETE OR ERROR-FREE, OR THAT ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RADAR NETWORKS MAY MODIFY OR DISCONTINUE THE TWINE SERVICE AT ANY TIME WITHOUT NOTICE AND MAKES NO REPRESENTATION OR WARRANTY TO YOU CONCERNING THE TWINE SERVICE. RADAR NETWORKS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER CONTENT POSTED TO THE TWINE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR USER CONTENT. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability. IN NO EVENT SHALL RADAR NETWORKS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT OR TORT, INCLUDING NEGLIGENCE. THE EXCLUDED DAMAGES INCLUDE BUT ARE NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF GOODWILL AND LOSS OF DATA. THESE LIMITATIONS APPLY WHETHER OR NOT RADAR NETWORKS HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES MAY NOT ALLOW THE LIMITATIONS DESCRIBED IN THIS PARAGRAPH, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

General Terms. You agree that Radar Networks may provide notice to you by email, postings on the Twine Service or any other reasonable means. These Terms are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without reference to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms may be filed in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. You agree that, regardless of any statute or law to the contrary, any claim arising out of or related to the use of the Twine Service must be filed within one (1) year after the initial occurrence that gives rise to such claim or the claim will be barred. If any provision of this Terms or portion thereof is declared invalid for any reason, the invalid provision or portion thereof will be deemed omitted and the remaining terms will be given full force and effect. These Terms, including the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any modification to these Terms must be in writing signed by an authorized representative of each party. Any failure to enforce any legal right will not be deemed a waiver of those rights.

Part 2: Additional Terms for Registered Users

Account Information. To register for the Twine Service you are required to provide information about yourself. You are required to provide information that is accurate and complete information and to update such information to keep it accurate and complete. You are also required to maintain the security of your password and identification.

User Content Generally. The Twine Service permits the submission, posting and transmission of content, including links to third party web sites, user comments, text, music, sound, photos, video, graphics, code and other materials (“User Content”). The Twine Service may include discussion forums or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, and online hosting or storage services, through which you can submit User Content.

Radar Networks does not make any claim of ownership with respect to your User Content. We will use the User Content that you post or transmit solely for the purpose of providing the Twine Service. You understand that use of the Twine Service may require transmission of your User Content over public networks. You also understand that we may need to modify your User Content as needed to meet the technical requirements associated with providing the Twine Service. We will not share your User Content outside of the Twine Service without your permission, except (a) to third party service providers who need access to that information to carry out their work for us; (b) to a successor-in-interest to the Twine Service or (c) when required by law or as reasonably needed to protect the rights, property, or safety of Radar Networks or any third party.

You acknowledge that Radar Networks may place advertisements or other promotions on the same web page with your User Content and that you are not entitled to any compensation in connection with those activities.

Your Responsibility for Your User Content. You are solely responsible for any User Content you post or transmit through the Twine Service and your use of any of the Interactive Areas. That means you will be solely responsible for any damages, losses or costs suffered by Radar Networks or any third party, based on your activities on the Twine Service, including any claim that you did not have the needed rights to post or transmit particular User Content. Without limiting your overall responsibility for any User Content you post or transmit, you are specifically not entitled to post or transmit:

1. User Content that is unlawful, libelous, defamatory, obscene, profane, harassing, threatening, or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or is otherwise misleading or fraudulent;
5. Unsolicited promotions, political campaigning, advertising or solicitations;
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
7. Viruses, corrupted data or other harmful, disruptive or destructive files;
8. User Content that contains undesirable images of, content regarding, or links or references to tobacco and alcohol products, illegal drugs, excessive violence or prejudicial or discriminatory content; and
9. User Content that, in the sole judgment of Radar Networks, is objectionable or which restricts or inhibits any other person from using or enjoying the Twine Services, or which may expose Radar Networks or its users to any harm or liability of any type.

Radar Networks assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any related loss or damage. Radar Networks is not liable for any objectionable content that you may encounter using the Twine Service. Although Radar Networks does not monitor User Content, Radar Networks may review, remove, or disable access to any User Content at any time and for any reason without notice. Radar Networks reserves the right, in its sole discretion, to determine whether and what action to take in response to particular User Content, and any action or inaction in a particular instance shall not dictate or limit Radar Networks' response with respect to other User Content. Under certain circumstances, including without limitation repeat violations of these Terms or violation of third party rights through the Twine Service, Radar Networks may terminate your account.

Back-ups. The Twine Service, including hosting of User Content, is provided without any warranties (as described above). You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Twine Service at your expense.