Terms and Conditions
Introduction
This is where, for some, it gets serious, dull and you will stop reading. Feel free! Like you, we know that there's a lot of required legal language here. However, where possible and as a human rights movement, we have, therefore, added and started with human-readable short summaries (for dummies). In those texts, we've done our best to summarize the terms in plain English. Note that, these summaries do not substitute for the legal terms, below or any part of the contract. They are intended to help you understand the T&C and they assist you to navigate through the documents in an easy way. In addition, and for the experts among us, when you click on the 'show more' button, you can read the official full legal statement of each section.
Every (web) service has Terms and Conditions, a set of rules that you must follow in order to use the service. So do we. This page explains our "Terms and Conditions", which we shall henceforth refer to as "T&C". These T&C, together with any special terms for a particular site and services, create a contract between you and Twactiva. The contract governs your use of all sites and services operated by Twactiva, unless a particular site or service indicates otherwise.
Welcome
General info on Twactiva
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Welcome to Twactiva: a place for freedom-valuing individuals and organizations for uniting, contributing, expressing and finding freedom on a common ground with participating peers. The site and services made available at twactiva.com or any successor websites and through any social media or mobile application(s) made available by us (collectively, "Twactiva") are provided by the Twactiva Foundations or its affiliates or subsidiaries ("Twactiva" or "we").
Usage and agreement
You should read these T&C and only use our sites and services if you agree to them.
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By joining and contributing or each time you access and use the site and services, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ARE IN AGREEMENT WITH THESE TERMS. This includes the collection, use, and disclosure of your personal information under the
Twactiva Privacy Policy, and the Twactiva Community Guidelines, available at (link) (the "Community Guidelines").
In addition, by accessing or using any site and services, you also understand that you or the group/entity you represent has the legal authority to accept the T&C. If you comply with these T&C, then we grant you a non-exclusive, non-transferable, worldwide license to access and use our services via the site and services in accordance with these T&C and any plan you might have subscribed for.
IF YOU DO NOT LIKE OR AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES.
These T&C have the same meaning and effect as an agreement in writing.
Table of Contents
1 Age Limit
Be older than 13 to use Twactiva.
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To obtain an account and to use our sites and services, in connection with the account, is solely for users with a minimum age of thirteen (13) years old. Any registration by, use of or access to Twactiva by anyone under thirteen is unauthorized, unlicensed, and in violation of these T&C.
By using Twactiva, you represent and warrant that you are thirteen years of age or older and that you agree to all the T&C and conditions of these T&C. In compliance with the Children's Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database(s).
2 User Identity
Only real people and entities such as authorized Twactiva Sponsors/Contributors, are allowed to create and maintain accounts at this time. If you sign up on behalf of an entity, you are binding that entity to these T&C. We are glad that you use our sites, but this does not mean we are partners.
Twactiva has the right to end your account at any time.
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3 Account Security
We take security seriously. Please do your fair share by protecting your account with a strong password and by keeping your email address up-to-date. If you notice any suspicious activity in your account, please email us immediately.
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You may never use another user's account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure and confidential. We encourage you to use "strong" passwords (passwords, of a longer length, that use a combination of upper and lower case letters, numbers and symbols) with your account. You agree to maintain the security of your passwords and identification, promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and be fully responsible for all uses of your account.
You must notify Twactiva immediately in the event of any breach of security or unauthorized use of your account. Twactiva will not be liable for any losses caused by any unauthorized use of your account. We hold you responsible for anything that has been done using your username and password.
4 Account Notifications
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You may control your user profile and how you interact with Twactiva by changing the settings in your user profile or settings page on the sites and services. By providing Twactiva your email address you give permission to use the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail.
We may also use your email address to send you other messages, such as changes to features of Twactiva and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page on the site and services. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.
Generally, you cannot opt out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account. You agree to communicate with us digitally. Simply registering, using or logging into the site and services results into your acceptance to these T&C.
WE MAY PROVIDE NOTICES TO YOU DIGITALLY (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE.
The delivery of any notice is effective when sent or posted by us, regardless of whether you read the notice or actually receive delivery.
5 Acceptable Use
Please use common sense when using Twactiva. It helps to make everyone's experience on Twactiva safe and enjoyable.
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The licenses provided are necessary, in order for Twactiva to operate, maintain, and provide to you the features and functionality of Twactiva (including the provision of personalized content), as well as to communicate directly with you and to allow you to communicate with others on Twactiva or via social media.
6 Content
Please feel free to share your opinions on Twactiva and post them to your social networks. Remember that other users will see your content and may choose to interact with it on the platform(s). When it comes to content made available on Twactiva, remember this: we own the content we provide (Twactiva material), you own the content you provide (user submissions) and we're responsible for our own content. We can use your content for the cause, whereas you cannot use our content without written permission.
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- Your Content / user submissions
You own any information, text, data, photos, audio, video, images, graphics, links, logos, and other content or materials you upload, submit, post, display or otherwise distribute on or through Twactiva ("user submissions"). You and other users may upload, submit, post, display, and otherwise distribute user submissions to or through your (or their) profiles, forums, communities, other portions of Twactiva or to others via Twactiva, solely in accordance with these T&C.
However, when you use a feature on the site and services, you grant to us and our affiliates, representatives, sub-licensees and assignees an irrevocable, non-exclusive, royalty free, fully-paid, perpetual, right and license (sub-licensable through multiple tiers), throughout the universe, to use, reproduce, remix, distribute, syndicate, license, modify, publish, distribute, redistribute, adapt, promote, translate, publicly perform, create derivate works and publicly display and syndicate your content (in whole or in part) in any format or medium now known or later developed and through any form of technology or distribution and to permit any derivative works to be licensed under these same license T&C.
We reserve the right to display advertisements in connection with user submissions and to use user submissions for advertising and promotional purposes, without any compensation to you. These advertisements may be targeted to the content or information stored on the site and services. In consideration for us granting you access and use of the site and services, you agree that we may place such advertisements throughout our site and services.
We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
All content and materials provided on the site and services are intended for Twactiva's mission purposes only. Do not construe that such content is either endorsed or verified by us. THE CONTENT IS PROVIDED "AS IS," AND YOUR USE OR RELIANCE ON SUCH MATERIALS ARE SOLELY AT YOUR OWN RISK.
We do not pre-screen user submissions, and you agree that you are solely responsible for all of your user submissions. You, and not we, are responsible for any consequences of sharing personal information about yourself on public areas of the service, such as your home address or the home address of others.
You must maintain copies of all data stored by you on our site and services. We do not guarantee that there will be no loss of data or that the services will be bug free. You are completely responsible to remove all data prior to termination of services.
- Our Content / Twactiva Material
All content on Twactiva, which may include, without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of Twactiva (collectively, "Twactiva material") are the proprietary property of Twactiva or its licensors and are owned by Twactiva or its licensors, as applicable. Any rights to Twactiva material not expressly granted to you herein are reserved by Twactiva.
Unless explicitly stated herein, nothing in these T&C shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell or otherwise commercially exploit Twactiva or Twactiva material in any form or by any means, in whole or in part, without Twactiva's express written permission and any such use is strictly prohibited, except in regards to your own user submissions posted on Twactiva in accordance with the T&C or as expressly allowed in these T&C.
Unless you have received specific written permission from Twactiva, you may not:
a: frame or otherwise impose editorial comment, commercial material or any information or content on or in proximity to, Twactiva material or user submissions displayed on Twactiva.
b: alter or modify, including preparing derivative works based on, any Twactiva material on Twactiva.
7 Modifications
These T&C may change. We can always change things when we want. When the changes are important, we will update our site and services. If you still continue to use Twactiva site and services, after the changes are made, you then agree to the newer version. If you do not like a change, then stop using Twactiva site and services.
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From time to time, we reserve the right to modify, change, remove or add content to the T&C, and reserve the right to do so in its discretion. In that case, we will make reasonable efforts to post a prominent notice, whether made available via our site and services, by sending you an email or via any messaging service we provide, updated T&C and indicate the date of revision. All changes are effective upon posting. If you object to any such changes, your sole recourse shall be to stop using the Services.
Your continued use of any site and services, following a posting of changes, is your agreement to the changes, indicates that you have read, understood, and agreed to those T&C and you are bound by the then-current version of these T&C. If any changes to these T&C are unacceptable to you, you must discontinue use of the site and services. Twactiva reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of site and services, including without limitation for any violation of any provision of these T&C.
Twactiva, at any time, also reserves the right to modify or discontinue all or any aspect of the site or services with or without notice to you.
YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, SHOULD Twactiva EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SITE AND SERVICES.
8 Termination
If you violate these T&C, you may no longer use our site and services and Twactiva can terminate your account.
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-By Twactiva:
Twactiva reserves the right, at its sole discretion, to immediately, with or without notice, modify, suspend or terminate your registration, the T&C, the operation of or individual access to, all or any portion of the site and services and remove any registration information or user submissions from Twactiva, if you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the site and services or any third party and/or for any reason and at any time.
Your right to access and use the site and services terminates automatically upon your breach of any of the T&C or any other agreement you have with us. We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.
YOU AGREE THAT Twactiva SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE AND SERVICES (OR ANY PORTION THEREOF).
-By you:
If you wish to terminate this agreement, you may immediately stop accessing or participating and discontinue using the site and services at any time. In addition, you can terminate your access to the site and services at any time by sending an email requesting termination. All charges outstanding on your account must be paid at termination. However, note, that we will never provide any partial-refund for any time not used on any subscription you may have.
-Survival:
Upon termination or expiration of the T&C, your obligations and Twactiva's rights and disclaimers survive but your right to use Twactiva immediately ceases. Twactiva's failure to act with respect to a breach by you or others does not waive Twactiva's right to act with respect to subsequent or similar breaches.
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants, applicable to user submissions, are not impacted by the termination of the T&C and shall continue to be in effect, subject to the T&C of the applicable license. Your warranties and indemnification obligations will survive for one year after termination. We reserve the right to investigate your use of the site and services in the event we, in our sole and absolute discretion, believe you have violated these T&C.
Upon termination, we have no obligation to retain, store or provide you with any data, information or other content that you uploaded, stored or transferred on or through the site and services.
9 Law
You are allowed to use Twactiva only in accordance with these T&C and for non-commercial purposes. However, you must comply with all applicable laws when using Twactiva. Please respect our various policies when you post content on Twactiva. You understand that all your user submissions and the consequences of posting your user submissions are your sole responsibility and are subject to these T&C, the Twactiva
Privacy Policy, and our Twactiva Community Guidelines.
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Twactiva hereby grants you the right to access and use Twactiva only for non-commercial purposes, in accordance with the T&C, including the features and functionalities made available to you, by Twactiva. While using Twactiva, you must comply with all applicable domestic and international laws, statutes, ordinances, and regulations. Your use of any Twactiva material or user submissions and the rest of Twactiva is your sole responsibility. Twactiva may allow you to upload, post or distribute user submissions, use Twactiva, view, copy or download Twactiva material and user submissions for your personal use.
You may not (a) use any site or service for any illegal purpose or in violation of any local, state, national or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating or violating intellectual property, confidentiality or privacy rights.
10 Dutch Law
Choice of law: The laws of The Netherlands shall govern these T&C.
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Twactiva is located in The Netherlands and abides by its laws. If there is a lawsuit arising from these T&C, it will be in The Netherlands and governed by Dutch law.
11 Dispute Resolution
Disagreements will be dealt with in a Dutch court.
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The parties agree that any disputes arising under or related in any way to, these T&C between Twactiva and you, concerning these T&C and/or any of the sites and services may only be litigated or, otherwise, heard in the appropriate court of competent jurisdiction, sitting in The Netherlands and you hereby consent to the personal jurisdiction and venue of such court and the parties, hereto, hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county.
12 Copyright / Intellectual Property
You may not store, use, download, upload or otherwise transmit, data in violation of any law including to breach copyright or other intellectual property held by us or anyone else. Again, your use of any user submissions and the rest of the site and services is your sole responsibility.
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The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Twactiva material and/or the site and services itself are owned or licensed by Twactiva. Except as expressly provided herein, neither Twactiva nor its licensors confers upon you by implication, estoppels or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Twactiva material and/or site and services.
Twactiva reserves the right to block, disable or, otherwise, remove any user submissions from the site and services as well as terminate access to the site and services, if you engage in copyright or other intellectual property infringement or for any other reason.You understand that all of your user submissions and the consequences of such posting of user submissions are your sole responsibility and are subject to the T&C and the Twactiva
Privacy Policy.
You represent and warrant that your user submissions do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
You may not infringe anyone else's intellectual property (including but not limited to copyright) or other rights in any material.
You may not remove or obscure any copyright or other proprietary notices from any Twactiva material.
You may not republish Twactiva material on any Internet, Intranet or Extranet website or incorporate the Twactiva material in any other database or compilation (except for your user submissions).
13 Copyright Infringement
Our users are required to have sufficient rights and/or permissions to post content on Twactiva. If you feel that any of your copyright-protected content has been posted in a manner that violates your rights or permissions regarding that content, please use the guidelines below to contact us so we can help deal with the issue.
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Twactiva reserves the right to block, disable or otherwise remove any user submissions from Twactiva as well as terminate access to Twactiva if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that your trademark is being used somewhere on the site or services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at the site are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe.
14 Content Removal
In order for us to provide Twactiva to you, you grant us certain rights to the content you post. If you don't want us to display your content anymore, you can remove the content from Twactiva.
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By posting, uploading or otherwise distributing your user submissions on Twactiva, you explicitly consent that other users of Twactiva may access, display, view, store, and download such user submissions, and post or forward such user submissions to others who may or may not be registered users of Twactiva. By providing user submissions to Twactiva, you hereby permit Twactiva to identify you as the provider of such user submissions in any form, media, and technology. You may revoke this license in regard to the right to display your user submissions by removing your user submissions from Twactiva.
You agree that Twactiva has no liability or responsibility for the storage, deletion or other use of any user submissions that you submit or post or emails or other communications you send through Twactiva. Twactiva reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
Note that, you will not remove or obscure any copyright or other proprietary notices from the Twactiva material.
15 Objectionable Content
Do not use any content in the category of porn, racism, threats, spam, etc. In short, be nice and know that, just like in the real world, others might not be.
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- You may not store, use, download, upload or otherwise transmit, unsuitable, libellous, defamatory, profane (or partially obscured profanity), harmful of minors in any way, publicity rights offensive, obscene or discriminatory information of any kind; any material that is indecent, abusive, harassing, threatening, tortious, defamatory, vulgar, obscene, illegal, of another's privacy, hateful or racially, ethnically or otherwise objectionable or contain expressions of hatred, bigotry, racism or pornography or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law.
- You understand that by using the site and services you may be exposed to user submissions that are offensive, objectionable or indecent. Twactiva may, but is not obligated to, preview or review any user submissions and, in its sole discretion, block or remove without notice user submissions that violate the T&C or are otherwise objectionable from the Website. However, failure to block or remove any user submissions is not an endorsement, warranty, representation or guarantee regarding such user submissions.
- You may not transmit any unsolicited, unwelcome or unauthorized communications to anyone of any kind including but not limited to unlawful unsolicited commercial communications, advertising or promotional materials (e.g. spam, chain letters, junk mail, pyramid schemes or any other form of solicitation.
- You may not stalk, abuse, defame, threaten, harass or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the site or services.
- You may not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; to try to trick or defraud anyone for any reason (e.g. by claiming to be someone you are not).
16 Hacking
Please don't hack/scrape, etc. us without permission.
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- You may not upload or use or otherwise introduce any software or device which may hinder the services, like mail bombs, war dialing, pinging, spyware, viruses, worms, trojan horses, time bombs or bots, etc. or any other damaging items which could interfere with our or anyone else's, network or computer system; use any use or run automated means including "robots," 'spiders," "rovers," 'scraper," 'crawlers' open relay software or similar software or any other data-mining technology or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the site and services, our network or databases or similar to scrape or download data from Twactiva, unless expressly permitted by Twactiva.
- You may not attempt to gain unauthorized access to any services, other than those to which you have been given express permission to access; or interfere with or disrupt the site and services or servers or our networks or disobey any requirements, procedures, policies or regulations of networks connected to the site and services.
- You may not attempt to gain unauthorized access to Twactiva's computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, disables, overburdens, damages or impairs the functionality of Twactiva, including, without limitation, posting, uploading or otherwise publish any user submissions to or through Twactiva that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You may not access, use, modify, copy, reverse engineer or otherwise derive the source code of any software associated with Twactiva.
- You may not do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar.
- You may not assign or transfer any rights you have under these T&C to any other person without getting our written agreement.
- You may not resell or otherwise supply our services to anyone else without our prior written consent.
- You may not sell, reproduce, distribute, modify, display, prepare derivative works based on or otherwise make unauthorized use of any Twactiva material, which is protected by trademarks, copyrights, trade dress or other intellectual property rights.
- You may not create multiple user accounts by automated means or under false or fraudulent pretences.
Unless expressly allowed in the T&C or you receive prior written consent from Twactiva, you may only upload to, distribute through or otherwise publish through content that are commercial in nature or user submissions that contain any solicitation of funds, promotion, advertising or solicitation for goods or services.
17 No Representations, Warranties or Endorsements
While we may collaborate with certain partners from time to time, we do not endorse any particular individual or organization that you may come across on Twactiva. If you choose to connect with anyone on Twactiva, that relationship is your own and you're responsible for it.
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The Twactiva material and user submissions provided on Twactiva or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any Twactiva material or user submissions on Twactiva does not constitute or indicate Twactiva's endorsement, representation or warranty of such information (which may include organization descriptions and missions, etc.) or its accuracy, completeness or timeliness.
Through the website (including user submissions, Twactiva material, and emails), you may receive access to individuals or entities. However, your choice to contact or deal with any of these individuals or entities is your sole responsibility and Twactiva is not involved in any transactions or dealings you have with any third parties.
18 Disclaimer of Warranties
We are a young and promising platform and although, we have many plans, we do not know what the future will bring. Therefore, Twactiva is now "as is," without any warranties, as we do not make any guarantees about the sites, services or content available.
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YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THE T&C, Twactiva OFFERS THE SERVICES (INCLUDING WITHOUT LIMITATION, ALL CONTENT, MATERIALS (AND MATERIAL LINKED THERETO), ADVERTISEMENTS, LINKS, AND EMAILS) IS PROVIDED TO YOU 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE OR NON-INFRINGEMENT.
Twactiva DOES NOT GUARANTEE OR WARRANT THE ACCURACY, LEGALITY APPROPRIATENESS, TRUTHFULNESS OR OTHER QUALITIES OF ANY MATERIALS OR ANY RELATED PRODUCTS, EQUIPMENT OR SERVICES. Twactiva MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE SERVICES IS NOT GUARANTEED AND THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE SERVICES OR THEIR UNAVAILABILITY. WE MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT ANY SERVERS USED BY Twactiva ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS.
Legal:
Twactiva IS NOT ENGAGED IN THE PROVISION OF LEGAL, TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES AND YOU AGREE THAT Twactiva DOES NOT CONTAIN ANY LEGAL, TAX OR OTHER PROFESSIONAL ADVICE. IF YOU ARE IN NEED OF SUCH SERVICES, YOU SHOULD CONTACT THE APPROPRIATE LICENSED AND QUALIFIED PROFESSIONAL.
Money:
Twactiva IS NOT INVOLVED WITH THE PROCESSING, EXCHANGE, DONATIONS, SPONSORING OR CROWDFUNDING, ETC. OF MONEY AS MAY BE ARRANGED BY THIRD PARTIES ON Twactiva; THEREFORE, Twactiva IS NOT RESPONSIBLE FOR ANY TRANSACTIONS ASSOCIATED WITH DONATIONS, SPONSORING OR CROWDFUNDING, ETC. SOLICITED, PROMISED OR OTHERWISE ON Twactiva.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Twactiva OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
19 Liability Limitation
We want you to feel free on Twactiva. However, please remember that you're using Twactiva, like most Internet services, at your own risk and may not hold us liable for any direct or indirect damages. Twactiva is not responsible for the content on the sites, your use of our services or for the conduct of others on our sites.
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TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT NEITHER Twactiva, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU AND/OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO STORE EMAIL MESSAGES, DAMAGE TO USER COMPUTER SYSTEMS) OR SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO, Twactiva (AND YOUR USE OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES OF or INABILITY TO USE, Twactiva); THE MODIFICATION, ALTERATION or TERMINATION THEREOF FOR ANY REASON OF Twactiva OR YOUR ACCESS TO IT; OR ANY BREACH OF THESE T&C, EVEN IF Twactiva HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT or STRICT OR PRODUCT LIABILITY. ANY CLAIMS ARISING FROM Twactiva MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE ON WHICH LIABILITY AROSE. NEITHER Twactiva NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY VIOLATION OF THE PRIVACY OR OTHER RIGHTS OF ANY THIRD PARTY DUE TO POSTING OF INFORMATION, WHICH IS THE SOLE RESPONSIBILITY OF THE USER POSTING SUCH INFORMATION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Twactiva IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES YOU PAID US (IF APPLICABLE) FOR A PERIOD OF THREE MONTHS PRIOR TO THE DATE YOU SUBMIT A CLAIM.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE T&C.
20 Exclusions and Limitations
When laws override laws and these T&C, Twactiva shall have minimal liability within the circumstances
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Certain jurisdictions do not permit the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, which means that some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
21 Indemnity
If something happens because you violate these T&C, because of your use of the services or because of the content you post on the sites, you agree to repay Twactiva for all the damage it causes. If someone takes legal action against Twactiva because of something you did on Twactiva, you will be responsible for that cost.
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You agree to indemnify, defend, and hold harmless Twactiva and its respective officers, directors, employees, volunteers, members of the boards, sponsors, partners, agents, consultants, representatives, and affiliates, etc. (collectively, "Affiliates") from and against any claims, actions, liabilities, damages or demands, and associated costs, losses, fees and expenses (including reasonable attorneys' fees) resulting directly or indirectly from or arising out of your (or anyone using your accounts/password's):
- Materials
- Use of Twactiva
- Interaction with other users or third-parties on Twactiva
- Violation of these T&C
- Violation of any third party's intellectual property, privacy or other rights; and/or © of the Twactiva material you make available on the site and services.
22 Third Party Contact and Dealings
Be aware with whom or what organization you contact or contract through our services, as we are not responsible for any outcome and you should scout out the risks involved, in advance.
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Your interactions with others or other third parties by means of the site and services are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Twactiva shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between members of the site and services or between a member and any third party, you understand and agree that Twactiva is under no obligation to become involved and is not subject to any liability.
23 International Use
Twactiva might not be (fully) functional in your country and you access Twactiva at own risk and within your (local) laws.
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This site and services are controlled and operated from within The Netherlands. Although our aim is to make Twactiva available to all, Twactiva makes no representation that the site and services is appropriate or available in locations outside The Netherlands. Those who choose to access the site and services from other locations (as do those within The Netherlands) do so at their own risk and are responsible for compliance with all applicable laws.
24 Safety First!
Be aware that not everyone will want you to be free! Know and comply with the law, know the risks of your actions and that you are solely responsible for the consequences. Twactiva need not be involved in your problems.
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You might live in an area where freedom, human rights and the right to be yourself are not always welcomed among your interactions as much as we/you would wish. Unfortunately, the use of the site and services and/or becoming involved in Twactiva Projects, etc. is not always seen as a heroic deed. Sometimes such activity is even seen as a terroristic act, attack and a threat to those in power or aiming to oppress that very freedom we stand for.
Furthermore, this could even be illegal depending on in which areas you live/remain, register or act. We cannot stress enough that as in other cases, it is safety first and therefore, you may use the site and services, only if they comply with the (local) laws of the country from which you are accessing the services.
You should be very aware that, whether legal or illegal, your actions might seriously endanger your safety to some degree. You understand that using the site and services is at own risk and any consequences, including your safety or that of the people around you, are solely between you and such individuals, who have aimed actions at you. In addition, you understand and agree that Twactiva is not responsible and under no obligation to become involved in such interactions and is not subject to any liability.
25 Links
On our site and services, you click on links and other references that are not part of Twactiva. Please remember that we have nothing to do with third parties unless specified otherwise.
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On the site and services, Twactiva may provide links to third party websites (including advertisers and others) or Internet resources. Third parties are not under the control of Twactiva and Twactiva is not responsible for their content or conduct on Twactiva or on third party websites. If you interact with a third party or access a third party website from Twactiva, you do so at your own risk.
Twactiva provides links as a convenience and the inclusion of the link does not indicate or imply that Twactiva endorses, represents, warrants or accepts any responsibility for the content on third-party websites. Additionally, your dealings with or participation in offers or solicitations from third parties found on Twactiva, including delivery and any other T&C (such as warranties, guarantees, and the like) are solely between you and such third parties. We may provide links to other Web sites.
YOU AGREE THAT Twactiva SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE OR MATERIALS, FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE, NOR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, OF ANY SORT, RELATING TO YOUR DEALINGS WITH SUCH THIRD PARTIES.
26 Payments
In certain circumstances, Twactiva allows some payment possibilities, these payment T&C cover those possibilities and Twactiva is not responsible for third party payment providers.
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Certain functionalities of Twactiva (Merchandise, Ticketing, Crowdfunding, Sponsoring, etc.) might allow for users to make payments and so contribute to the cause. When you make such payments, you agree to follow to the T&C.
By making a payment or otherwise using payment services of Twactiva to facilitate a financial contribution, you understand that your contribution is being made directly to Twactiva. Note that, you are entirely responsible for compliance with all laws and legal obligations regarding (charitable) payments, etc. and receipts or other rules on such transfers.
In case of third-party payment providers, these third parties are not under the control of Twactiva and Twactiva is not responsible for their services. If you interact with a third party or access a third party website from Twactiva, you do so at your own risk.
Twactiva provides the payment modules as a convenience and the inclusion of the links to such modules does not indicate or imply that Twactiva endorses, represents, warrants or accepts any responsibility for the services of third-party payment providers.
27 Fees
Although Twactiva is set up as a free service, some present or future features might, at a point in time, charge some sort of fee to cover costs. Twactiva is allowed to add fee(s) in the future.
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We reserve the right, at any time, to charge fees for access to the site and services or to any specific new feature or content that we may introduce from time to time. In no event, will you be charged for access to any site and services, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive, in exchange for fees, as well as the payment terms and conditions that may apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees, if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these T&C.
28 Entire Agreement
These T&C and Twactiva
Privacy Policy (and other agreements we enter into with you, if any) constitute the only contract between us and, if any term in these documents is unlawful or otherwise unenforceable, the rest of these documents will apply.
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The T&C and
Privacy Policy, as amended from time to time, and any other written agreements we enter into with you, constitute the entire agreement between Twactiva relating to your use of the site and services. They supersede and replace any prior agreement, arrangement or understanding between you and us regarding the site and our services. If any provision of these T&C shall be unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severable from these T&C and shall not affect the validity and enforceability of any remaining provisions.
29 Waiver & Severability
Either party's failure to insist on or enforce strict performance of any of the T&C will not be construed as a waiver of any provision or right.
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If any provision of these T&C is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these T&C or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
If any part of the T&C is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
30 Force Majeure
In case of force majeure, we are not liable.
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Twactiva will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event").
Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations, which are affected by that Force Majeure Event for so long as the event continues.
31 Legal Advice
We are forward-thinking, freedom-valuing, just like you and aren't your lawyer. Please consult your own attorney, if you need legal advice.
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Twactiva is a creative community, not a law firm. It does not provide legal advice, and is not a substitute for a law firm. Sending us an email or using any of the sites and services, does not constitute legal advice; you should not rely on Twactiva for legal advice and you should not create an attorney-client relationship. We strongly recommend you to consult with legal counsel if you have any questions regarding your role, responsibilities and accountabilities.
32 General
These T&C are for Twactiva site and services usage and may be assigned to another party.
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Twactiva may assign any of its rights or obligations under the T&C to another party, without notice or consent for any reason.
33 Privacy
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Twactiva is committed to treat information and data we collect through our site and services in compliance with our
Privacy Policy, which is incorporated by reference into these T&C. Please review the
Privacy Policy so you are also aware of how we collect and use your personal information.
34 Trademark Policy
Please read our Trademark Policy as this is part of these T&C, too.
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Twactiva's name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated by reference into these T&C. Please review the Trademark Policy so you understand how Twactiva's branding may be used.
Thanks your taking interest in Twactiva and our T&C. Hopefully, you have learned a little. If you have any suggestions or questions, please, feel free to
contact us.
