Thursday, September 10, 2009 4:42 PM,Twitter send me e-mail,about New Terms of Service for Twitter
Hi,
We'd like to let you know about our new Terms of Service. As Twitter
has evolved, we've gained a better understanding of how folks use the
service. As a result, we've updated the Terms and we're notifying
account holders.
We've posted a brief overview on our company blog and you can read the
Terms of Service online. If you haven't been by in a while, we invite
you to visit Twitter to see what else is new.
Overview:
http://blog.twitter.com Terms:
http://www.twitter.com/tos Twitter:
http://www.twitter.comThese updates complement the spirit of Twitter. If the nature of our
service changes, we'll revisit the Terms as necessary. Comments are
welcome, please find the "feedback" link on the Terms of Service page.
Thanks,
Biz Stone, Co-founder
Twitter, Inc.
Than i follow Terms link of Twitter,and this "New Terms of Service Twitter"
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and Twitter’s websites (the “Services”),
and any information, text, graphics, or other materials uploaded,
downloaded or appearing on the Services (collectively referred to as “Content”).
Your access to and use of the Services is conditioned on your
acceptance of and compliance with these Terms. By accessing or using
the Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any content
you post to the Services, and for any consequences thereof. The Content
you submit, post, or display will be able to be viewed by other users
of the Services and through third party services and websites (go to
the Account Settings
page to control who sees your Content). You should only provide Content
that you are comfortable sharing with others under these Terms.
What you say on Twitter may be viewed all around the world instantly. You are what you Tweet!
You may use the Services only if you can form a binding contract
with Twitter and are not a person barred from receiving services under
the laws of the United States or other applicable jurisdiction. You may
use the Services only in compliance with these Terms and all applicable
local, state, national, and international laws, rules and regulations.
The Services that Twitter provides are always evolving and the form
and nature of the Services that Twitter provides may change from time
to time without prior notice to you. In addition, Twitter may stop
(permanently or temporarily) providing the Services (or any features
within the Services) to you or to users generally and may not be able
to provide you with prior notice. We also retain the right to create
limits on use and storage at our sole discretion at any time without
prior notice to you.
The Services may include advertisements, which may be targeted to
the Content or information on the Services, queries made through the
Services, or other information. The types and extent of advertising by
Twitter on the Services are subject to change. In consideration for
Twitter granting you access to and use of the Services, you agree that
Twitter and its third party providers and partners may place such
advertising on the Services or in connection with the display of
Content or information from the Services whether submitted by you or
others.
We're leaving the door open for exploration in this area but we don't have anything to announce.
Privacy
Any information that you provide to Twitter is subject to our Privacy Policy,
which governs our collection and use of your information. You
understand that through your use of the Services you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by
Twitter. As part of providing you the Services, we may need to provide
you with certain communications, such as service announcements and
administrative messages. These communications are considered part of
the Services and your Twitter account, which you may not be able to
opt-out from receiving.
You can opt-out of most communications from Twitter
including our newsletter, new follower emails, etc. Please see the
Notices tab of Settings for more.
Passwords
You are responsible for safeguarding the password that you use to
access the Services and for any activities or actions under your
password. We encourage you to use “strong” passwords (passwords that
use a combination of upper and lower case letters, numbers and symbols)
with your account. Twitter cannot and will not be liable for any loss
or damage arising from your failure to comply with the above
requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is
the sole responsibility of the person who originated such Content. We
may not monitor or control the Content posted via the Services and, we
cannot take responsibility for such Content. Any use or reliance on any
Content or materials posted via the Services or obtained by you through
the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness,
truthfulness, accuracy, or reliability of any Content or communications
posted via the Services or endorse any opinions expressed via the
Services. You understand that by using the Services, you may be exposed
to Content that might be offensive, harmful, inaccurate or otherwise
inappropriate, or in some cases, postings that have been mislabeled or
are otherwise deceptive. Under no circumstances will Twitter be liable
in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Services or broadcast elsewhere.
Your Rights
You retain your rights to any Content you submit, post or display on
or through the Services. By submitting, posting or displaying Content
on or through the Services, you grant us a worldwide, non-exclusive,
royalty-free license (with the right to sublicense) to use, copy,
reproduce, process, adapt, modify, publish, transmit, display and
distribute such Content in any and all media or distribution methods
(now known or later developed).
This license is you authorizing us to make your Tweets
available to the rest of the world and to let others do the same. But
what’s yours is yours – you own your content.
You agree that this license includes the right for Twitter to make
such Content available to other companies, organizations or individuals
who partner with Twitter for the syndication, broadcast, distribution
or publication of such Content on other media and services, subject to
our terms and conditions for such Content use.
Twitter has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind.
Such additional uses by Twitter, or other companies, organizations
or individuals who partner with Twitter, may be made with no
compensation paid to you with respect to the Content that you submit,
post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or
distribute it over computer networks and in various media and/or make
changes to your Content as are necessary to conform and adapt that
Content to any requirements or limitations of any networks, devices,
services or media.
You are responsible for your use of the Services, for any Content
you provide, and for any consequences thereof, including the use of
your Content by other users and our third party partners. You
understand that your Content may be rebroadcasted by our partners and
if you do not have the right to submit Content for such use, it may
subject you to liability. Twitter will not be responsible or liable for
any use of your Content by Twitter in accordance with these Terms. You
represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to any Content that you
submit.
Twitter gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software that is
provided to you by Twitter as part of the Services. This license is for
the sole purpose of enabling you to use and enjoy the benefit of the
Services as provided by Twitter, in the manner permitted by these Terms.
Twitter Rights
All right, title, and interest in and to the Services (excluding
Content provided by users) are and will remain the exclusive property
of Twitter and its licensors. The Services are protected by copyright,
trademark, and other laws of both the United States and foreign
countries. Nothing in the Terms gives you a right to use the Twitter
name or any of the Twitter trademarks, logos, domain names, and other
distinctive brand features. Any feedback, comments, or suggestions you
may provide regarding Twitter, or the Services is entirely voluntary
and we will be free to use such feedback, comments or suggestions as we
see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but not will not have an
obligation) to remove or refuse to distribute any Content on the
Services and to terminate users or reclaim usernames. Please review the
Twitter Rules
(which are part of these Terms) to better understand what is prohibited
on the Service. We also reserve the right to access, read, preserve,
and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or
governmental request, (ii) enforce the Terms, including investigation
of potential violations hereof, (iii) detect, prevent, or otherwise
address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of
Twitter, its users and the public.
Twitter does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
Except as permitted through the Services (or these Terms), you have to use the Twitter API
if you want to reproduce, modify, create derivative works, distribute,
sell, transfer, publicly display, publicly perform, transmit, or
otherwise use the Content or Services.
We encourage and permit broad re-use of Content. The Twitter API exists to enable this.
You may not do any of the following while accessing or using the
Services: (i) access, tamper with, or use non-public areas of the
Services, Twitter’s computer systems, or the technical delivery systems
of Twitter’s providers; (ii) probe, scan, or test the vulnerability of
any system or network or breach or circumvent any security or
authentication measures; (iii) access or search or attempt to access or
search the Services by any means (automated or otherwise) other than
through our currently available, published interfaces that are provided
by Twitter (and only pursuant to those terms and conditions), unless
you have been specifically allowed to do so in a separate agreement
with Twitter (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however,
scraping the Services without the prior consent of Twitter is expressly
prohibited); (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the
Services to send altered, deceptive or false source-identifying
information; or (v) interfere with, or disrupt, (or attempt to do so),
the access of any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as
to interfere with or create an undue burden on the Services.
Copyright Policy
Twitter respects the intellectual property rights of others and
expects users of the Services to do the same. We will respond to
notices of alleged copyright infringement that comply with applicable
law and are properly provided to us. If you believe that your Content
has been copied in a way that constitutes copyright infringement,
please provide us with the following information: (i) a physical or
electronic signature of the copyright owner or a person authorized to
act on their behalf; (ii) identification of the copyrighted work
claimed to have been infringed; (iii) 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; (iv) your contact information, including your ad-dress,
telephone number, and an email address; (v) a statement by you that you
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; and (vi) a statement that the information in the notification
is accurate, and, under penalty of perjury, that you are authorized to
act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing
without prior notice and at our sole discretion. In appropriate
circumstances, Twitter will also terminate a user’s account if the user
is determined to be a repeat infringer. Our designated copyright agent
for notice of alleged copyright infringement appearing on the Services
is:
Twitter, Inc.
Attn: Copyright Agent
539 Bryant Street, Suite 402
San Francisco, CA 94107
Email: copyright@twitter.com
The Services are Available “AS-IS”
Your access to and use of the Services or any Content is at your own
risk. You understand and agree that the Services is provided to you on
an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing,
TWITTER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no warranty and disclaim all responsibility
and liability for the completeness, accuracy, availability, timeliness,
security or reliability of the Services or any content thereon. Twitter
will not be responsible or liable for any harm to your computer system,
loss of data, or other harm that results from your access to or use of
the Services, or any Content. You also agree that Twitter has no
responsibility or liability for the deletion of, or the failure to
store or to transmit, any Content and other communications maintained
by the Services. We make no warranty that the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free
basis. No advice or information, whether oral or written, obtained from
Twitter or through the Services, will create any warranty not expressly
made herein.
Links
The Services may contain links to third-party websites or resources.
You acknowledge and agree that we are 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 Twitter 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.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TWITTER AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNI-TIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE
LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD
PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY
CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE
OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL
THEORY, WHETHER OR NOT TWITTER HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties
or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Twitter to enforce any right or provision of these
Terms will not be deemed a waiver of such right or provision. In the
event that any provision of these Terms is held to be invalid or
unenforceable, the remaining provisions of these Terms will remain in
full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the
laws of the State of California without regard to or application of its
conflict of law provisions or your state or country of residence. All
claims, legal proceedings or litigation arising in connection with the
Services will be brought solely in San Francisco County, California,
and you consent to the jurisdiction of and venue in such courts and
waive any objection as to inconvenient forum.
Entire Agreement
These Terms, the Twitter Rules and our Privacy Policy are the entire
and exclusive agreement between Twitter and you regarding the Services
(excluding any services for which you have a separate agreement with
Twitter that is explicitly in addition or in place of these Terms), and
these Terms supersede and replace any prior agreements between Twitter
and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at twitter.com/tos.
If the revision, in our sole discretion, is material we will notify you
via an @Twitter update or e-mail to the email associated with your
account. By continuing to access or use the Services after those
revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Twitter Inc., 539 Bryant
Street, Suite 402, San Francisco, CA 94107. If you have any questions
about these Terms, please contact us.
Effective: September 10th, 2009
Archive of Previous Terms
Thoughts or questions about these Terms? Please, let us know.