WELCOME TO TWITMUSIC. PLEASE READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY TWITMUSIC, INC. (“TWITMUSIC,” “WE”). BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU, INDIVIDUALLY OR ACTING AS YOUR PRINCIPAL’S AGENT, (“USER” “YOU,” “SPONSOR”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF AN ORGANIZATION, YOU REPRESENT THAT YOU HAVE AUTHORITY TO DO SO. IF YOU HAVE ANY QUESTIONS, COMMENTS, OR CONCERNS REGARDING THESE TERMS OR THE SERVICES, PLEASE EMAIL US AT SUPPORT@TWITMUSIC.COM OR CALL US AT +1 (866) 526-7068
Each party (the “Receiving Party”) may receive User, technical, financial or other proprietary information, materials, and/or ideas from the other party (the “Disclosing Party”) during the term of this Agreement (“Confidential Information”). TwitMusic’s Confidential Information shall include, without limitation, details about the Services and its features and about potential pricing of paid services and the terms of this Agreement. The Receiving Party agrees to hold in confidence and not use (except to exercise its rights or fulfill its obligations hereunder) or disclose the Disclosing Party’s Confidential Information. Confidential Information shall not include: (a) information that is or becomes publicly available through no fault of Receiving Party, (b) was in Receiving Party’s possession or known by it without restriction prior to receipt from the Disclosing Party, (c) was rightfully disclosed to Receiving Party by a third party without restriction, or (d) was independently developed by Receiving Party without use of any Confidential Information of the Disclosing Party. The Receiving Party may make disclosures of Disclosing Party’s Confidential Information required by law or court order provided it uses reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order for the Confidential Information.
User will indemnify and hold TwitMusic, its parents, subsidiaries, affiliates, officers, and employees harmless (including without limitation from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand due to or arising out of User’s or its salespersons’, employees’, subcontractors’, or agents’ breach of this Agreement.
TwitMusic offers email-based support. User may contact the support desk at [Insert means here]. TwitMusic will use commercially reasonable efforts to assist User with any problems User may be having with the Services, but TwitMusic does not make any promises regarding response times, that it will be able to fix any such problems, or that the Services will be uninterrupted or error-free. Any suggestions by TwitMusic regarding use of the Services shall not be construed as a warranty.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEITHER TWITMUSIC NOR ITS SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR RESULT IN ANY OUTCOME, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, TWITMUSIC HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL TWITMUSIC (OR ITS SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICE, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USER, REVENUES, PROFITS AND GOODWILL, AND TRADING AND INVESTMENT LOSSES, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $1000 OR THE FEES PAID BY USER HEREUNDER IN THE SIX (6) MONTHS PRECEDING THE APPLICABLE CLAIM, EVEN IF TWITMUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.