During Twistabit.com website navigation, you may be asked to share your email address or other personal identifying information (PII) with us. As provided in these Terms and Conditions, such information may be distributed to a third party associated with Twistabit for business purposes you approve of, but it will not be publicly available without your consent.
Your email address will only be used to send you Twistabit.com information or information from third parties associated with Twistabit and approved by you, and/or to alert you to any information that you have specifically requested you be notified about.
Use of the Site
The Twistabit.com website hosts a numerous third-party businesses that participate in Twistabit programs for the benefit of users like you. Twistabit invites you to share your reviews and testimonials, but in doing so you agree not to distribute spam messages, post commercial advertisements, or spread links to malicious or dangerous websites. Twistabit retains the right to moderate any comment or written content submitted to the Twistabit.com website and to remove any content we deem to have violated our policies.
All of the content contained on the Twistabit.com is automatically edited, checked, and verified for accuracy as much as it is possible to do so. However, we cannot guarantee either its accuracy or the safety of any external links it might contain. Twistabit.com, as well as its owners, affiliates, and contributing authors can therefore not be held responsible for any problems or damage that occurs as a result of making use of material contained on our site.
Any and all of the content presented on the Twistabit.com website is, unless explicitly stated otherwise, subject to a copyright held by Twistabit.com. It is permissible to link to content from this site as long as the original source is clearly stated, but the wholesale reproduction or partial modification of content is not permitted. Exceptions are granted only if you receive prior written consent from Twistabit.com.
Should you have any further questions, concerns, or queries about these Terms and Conditions, or if you encounter difficulties while navigating and using the site, please contact email@example.com.
Twistabit Affiliate Program Terms and Conditions
Thanks for joining the Twistabit affiliate program. Our affiliates are very important to us. This agreement is designed with you in mind, as well as protecting you, Twistabit and our customers. Please read thoroughly. If you have any questions, please contact us at firstname.lastname@example.org.
This agreement describes the terms and conditions for participation in the Twistabit affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, “Twistabit” refers to Twistabit.com, with whom you are entering this agreement. By applying to the Twistabit affiliate program you are confirming that you have read the agreement and agree to the terms and conditions.
There are several types of Affiliate programs with Twistabit: Premium and Standard.
Earning TBC Rewards
Twistabit Affiliates earn rewards when:
- The Twistabit Affiliate navigates to a page or post of a BPS Website, or makes a qualifying purchase from any Twistabit Business Plan subscriber who then makes a qualifying payment
- A Twistabit Affiliate referred by the Twistabit Affiliate navigates to a page or post of a BPS Website, or makes a qualifying purchase from a Twistabit Business Plan subscriber
- Any Twistabit Affiliate navigates to a page or post of a BPS Website, or makes a qualifying purchase from a Twistabit Business Plan subscriber referred by the Twistabit Affiliate
For a sale to generate a reward to an Affiliate, the referred person or business must navigate to the BPS designated pages or post on that Website, or complete the order form and remit full payment for the subscription and signup. Affiliates signing up for the $0 Affiliate plan ARE considered qualifying referrals and their qualifying purchases from Twistabit Business Plan participants DO result in rewards for the referring Twistabit Affiliate.
Rewards will only be awarded on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate. Rewards can be viewed on the Affiliate Dashboard.
If the Affiliate is on a recurring payment schedule, they will continue to accumulate rewards for each paid transaction by the customer for as long as the customer remains a paying customer. For Affiliates participating in the recurring program, rewards will also accumulate for plan upgrades and adding users.
Standard and Premium Rewards
Twistabit Affiliate program participants at the standard level receive up to 30% of the BPS designated Rewards on qualifying payments from Twistabit Business Plan participants.
Twistabit Affiliate program participants at the Silver level receive up to 10% extra Rewards on qualifying payments from Twistabit Business Plan participants.
Twistabit Affiliate program participants at the Gold level receive 18% extra Rewards on qualifying payments from Twistabit Business Plan participants.
Twistabit Affiliate program participants at the Platinum level receive 30% extra Rewards on qualifying payments from Twistabit Business Plan participants.
TBC Rewards Status
All Twistabit rewards are initially awarded as Twistabit Points that later convert to Twistabit Coins (TBC), and are provided to Twistabit Affiliates in the following manner:
- Bonus/Signup Twistabit Coins are either unconfirmed or confirmed, and cannot be used until they are confirmed. Confirmed means the Affiliate has confirmed their account by completing the setup process. Twistabit Points are converted to Earned Twistabit Points based on a percentage of qualifying payments from Twistabit Business Plan Subscribers (BPS).
- Earned Twistabit Coins are assigned based on Rewards earned, and are eligible to be spent at any Twistabit Business Plan Subscriber’s business.
- Covered Twistabit Coins are Earned Twistabit Coins that have remained in Earned status for 3 days, and automatically become Covered once the 3 day waiting period has elapsed.
- Circulated Twistabit Coins are Covered Twistabit Coins that have been placed on the Blockchain. They can be spent at any Twistabit Business Plan subscriber’s business, with the added benefit that they can be traded on the open Coin Exchanges like any other Cryptocurreny. Note that Twistabit Coins are not yet listed on any of the major Coin Exchanges, and while Twistabit expects TBC to be listed at some point in 2019, Twistabit can offer no guarantee this will happen, as listing on the major Coin Exchanges is handled by those exchanges.
- Any Twistabit Coins in a status below Circulated for which the qualifying payments have been disputed are immediately converted back to Earned status, and if the qualifying payment is refunded for whatever reason, the assigned Twistabit Coins are immediately unassigned.
NOTE: Twistabit reserves the right to change the Twistabit Coin Assignment formula or Rewards earnings formula at any time in our sole discretion.
In the event a customer requests a refund for a transaction for which the Affiliate has earned Rewards, any Rewards earned on the refund amount will be deducted from the Affiliate’s balance.
Usage and Obligations
Affiliates are permitted to use the Twistabit brand and marketing resources available in the Affiliates section of the Twistabit application. Logos and other assets cannot be modified. The Affiliate does not gain any trademark, copyright or any other rights to these materials.
The Affiliate will never imply that they are acting on behalf of Twistabit and will never advertise Twistabit products directly. The Affiliate will never bid for advertisements that compete with Twistabit.
The Affiliate will never represent themselves, Twistabit or their relationship with Twistabit, in a false or misleading way.
The Affiliate will not engage in the distribution of an unsolicited bulk email (spam) mentioning or referencing Twistabit.
The Affiliate agrees, affirms, and explicitly acknowledges that assignment of Twistabit Coins does NOT:
- Provide Affiliate with rights of any form with respect to Twistabit or its revenues or assets, including, but not limited to, any voting, distribution, redemption, liquidation, proprietary (including all forms of intellectual property), or any other financial or legal rights, other than the right to receive rewards as outlined in the Rewards and Refunds sections, and this section of this document.
- Constitute a loan to Twistabit
- Provide Affiliate with any ownership or other interest in Twistabit.
Term and Termination
Either party has the right to terminate the agreement immediately without prior notice.
If the Affiliate terminates the agreement, no further rewards from Twistabit will be earned for any past or future customer transactions.
If Twistabit chooses to terminate the agreement, any currently earned rewards will be assigned to the affiliate within 60 days of termination.
If the Affiliate is on a recurring program, Twistabit will not be obligated to assign any future rewards after termination.
This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of California. An award of arbitration may be confirmed in a court of competent jurisdiction.
We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available rewards, reward schedules, assignment procedures and Affiliate Program rules.
Twistabit Business Plan Subscribers
Thanks for subscribing to a Twistabit Business Plan. The individual whose email address and contact information is used for a Twistabit Business Plan subscription automatically becomes a Twistabit Affiliate. That individual receives standard Twistabit Affiliate commissions, or if they opt to become a Premium Affiliate, they receive Twistabit Affiliate commissions based on the Premium Affiliate plan they choose.
Participating Twistabit Business Plan subscribers have the following obligations:
- Designate one or more products or services offered by their business as able to be couponed, discounted, or fully redeemed for Earned Twistabit Points.
- Assign Twistabit Rewards Points at no less than the minimum percentage per sale or the minimum Points amount for navigation conversions.
- Pay their Twistabit Rewards Assignment fees each month.
How We Collect and Use Information
We collect the following types of information about you:
Information you provide us directly:
We ask for certain information such as your username, real name, birthdate, address, phone number and e-mail address when you register for a Twistabit account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
Information we may receive from third parties:
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the Twistabit application, linking your account to the Twistabit Service, etc., that third party may pass certain information about your use of its service to Twistabit. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Twistabit. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Twistabit Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
Inviting a friend to use Twistabit:
Twistabit may, in its sole discretion, develop a feature that allows you to invite third parties to the Service. If you choose to use our invitation service to invite a third party to the Service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to Twistabit through the “Invite friends” feature, you are directly sending a text or email from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from you phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication.
Finding your friends on the Service:
Twistabit may, in its sole discretion, develop a feature that allows you to locate your friends with Twistabit accounts through a “Find friends” feature. The “Find friends” feature allows you to choose to locate friends either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames on Twistabit. If you choose to find your friends through your contact list, then you agree to provide Twistabit access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using Twistabit. If you choose to find your friends through social media sites, then you understand that the information these sites provide to use to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to find your friends through a search of names or usernames, then simply type a name to search and see if that name or username appears on our Service. Note that we do not retain any information contained in your contacts list, or information from social media sites about your contacts, and we do not use such information for any purpose other than to help you find your friends on Twistabit.
We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log file information:
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information:
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by Twistabit. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Commercial and marketing communications:
We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails. You may also be able to be “found” on Twistabit based on information that you provide (see “Find friends on Twistabit”) above.
Use of certain service type information we collect about you:
Sharing of Your Information
We will not rent or sell your information into third parties outside Twistabit and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by Twistabit in its sole discretion. Once posted on Twistabit, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on Twistabit. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
Who can see your IP address: If you post User Content on the Service while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Service. A selection of Trusted Users with administrative powers on Twistabit have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on Twistabit such as an advertiser, video provider, social network or other third party will also have access to your IP address.
Who can see your email address: If you enter an email address, you will enable communication from Twistabit and other Users. If you reply to users or participate in group Twistabit activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as blocked@Twistabit.com forward to a group of Trusted Users, who will use your email address to reply to the email.
What happens in the event of a change of control:
We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Instances where we are required to share your information:
Sharing certain service type information we collect about you:
We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
Ads on Twistabit:
Please note that an advertiser may ask Twistabit to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, Twistabit or our Partners determines the target audience and Twistabit serves the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
To enhance your user experience or help us improve and measure our effectiveness, Twistabit may embed code from third parties on the Service. These third parties may collect information about you including IP address, cookies in ways Twistabit does not control.
How We Store and Protect Your Information
Storage and Processing:
Keeping your information safe:
Twistabit cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Twistabit, at all times. However, Twistabit cannot ensure or warrant the security of any information you transmit to Twistabit or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Twistabit Service, such as social networks. Twistabit is not responsible for the functionality or security measures of any third party.
Compromise of information:
In the event that any information under our control is compromised as a result of a breach of security, Twistabit will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your Choices about Your Information
You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by modifying your preferences at https://Twistabit.com/my-account.
We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support@Twistabit.com.
Opting out of collection of your information for Tracking / Advertising:
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents Twistabit or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at support@Twistabit.com.
How long we keep your private profile information:
Following termination of your User account, Twistabit may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.
Twistabit does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@Twistabit.com.
Links to Other Websites and Services
Twistabit Inc. Traffic Delivery Terms
These Twistabit Inc. Traffic Delivery Terms (“Terms”) are entered into by Twistabit Inc. (“Twistabit”) and the entity executing these Terms or that accepts these Terms electronically (“Customer”). These Terms govern Customer’s participation in Twistabit’s advertising programs and services (i) that are accessible through the account(s) given to Customer in connection with these Terms or (ii) that incorporate by reference these Terms (collectively, “Programs”). Please read these Terms carefully.
Customer authorizes Twistabit and its affiliates to place Customer’s advertising materials, feed data, and technology (collectively, “Ads” or “Creative”) on any content or property (each a “Property”) provided by Twistabit or its affiliates on behalf of Twistabit or, as applicable, a third party (“Partner”). Customer is solely responsible for all: (i) Ads, (ii) destinations to which Ads direct viewers (e.g., landing pages, mobile applications) along with the related URLs, waypoints, and redirects (“Destinations”), and (iiii) services and products advertised on Destinations (collectively, “Services”). The Program is an advertising platform on which Customer authorizes Twistabit and its affiliates to use automated tools to format Ads. Twistabit and its affiliates may also make available to Customer certain optional Program features to assist Customer with the selection or generation of Targets, Ads, or Destinations. Customer is not required to authorize use of these optional features and, as applicable, may opt-in to or opt-out of usage of these features. However, if Customer uses these features, then Customer will be solely responsible for the Targets, Ads, and Destinations. Twistabit and its affiliates or Partners may reject or remove a specific Target, Ad, or Destination at any time for any or no reason. Twistabit and its affiliates may modify or cancel Programs at any time. Some Program features are identified as “Beta” or as otherwise unsupported or confidential (“Beta Features”). Customer may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features.
Customer authorizes Twistabit and its affiliates to periodically conduct tests that may affect Customer’s Use of Programs, including Ad formatting, Targets, Destinations, quality, ranking, performance, and pricing. To ensure the timeliness and validity of test results, Customer authorizes Twistabit to conduct such tests without notice or compensation to Customer.
Warranty, Rights, and Obligations
Customer warrants that (a) Customer holds, and hereby grants Twistabit, its affiliates and Partners, the rights in Ads, Destinations, and Targets for Twistabit, its affiliates and Partners to operate the Twistabit Programs (including, in the case of feed data, after Customer ceases to use the Programs), and (b) all information and authorizations provided by Customer are complete, correct and current. Customer authorizes Twistabit and its affiliates to automate retrieval and analysis of, and create test credentials to access, Destinations for the purposes of the Programs. By providing any mobile or other telephone number to Twistabit in connection with the Programs, Customer authorizes Twistabit, its affiliates and their agents to call and send text messages (for which standard message and data rates may apply) to the provided telephone numbers, including by an automatic telephone dialing system, for purposes of the Programs. However, Twistabit will not rely on this permission to initiate autodialed calls or text messages for marketing purposes. Customer further authorizes Twistabit, its affiliates and their agents to send electronic mail to Customer for purposes of the Programs. Customer warrants that it is authorized to act on behalf of, and has bound to these Terms, each third party, if any, for which Customer advertises in connection with these Terms (“Advertiser”) and any references to Customer in these Terms will also apply to Advertiser, as applicable. If for any reason Customer has not bound an Advertiser to these Terms, Customer will be liable for performing any obligation Advertiser would have had under these Terms had Advertiser been bound. If Customer is using a Program on its own behalf to advertise, for that use Customer will be deemed to be both Customer and Advertiser. Customer will provide Advertiser with reporting data no less than on a monthly basis, that discloses absolute dollars spent on Twistabit and performance (at a minimum cost, clicks and impressions of users on the account of that Advertiser) in a reasonably prominent location. Twistabit may, upon request of an Advertiser, share Advertiser-specific information with Advertiser.
Customer will pay all charges incurred in connection with a Program, using a payment method approved by Twistabit for that Customer (as modified from time to time), within a commercially reasonable time period specified by Twistabit (e.g., in the Program user interface or IO). Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. Customer will pay (i) all taxes and other government charges and (ii) reasonable expenses and legal fees Twistabit incurs in collecting late payments that are not disputed in good faith. Charges are based on the billing criteria under the applicable Program (e.g., based on clicks, impressions, or conversions). Any portion of a charge not disputed in good faith must be paid in full. No party may offset any payment due under these Terms against any other payment to be made under these Terms. Twistabit may, in its sole discretion, extend, revise or revoke credit at any time. Twistabit is not obligated to deliver any Ads in excess of any credit limit. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER WAIVES ALL CLAIMS RELATING TO ANY PROGRAM CHARGES UNLESS A CLAIM IS MADE WITHIN A REASONABLE PERIOD.
TO THE FULLEST EXTENT PERMITTED BY LAW, Twistabit, ON BEHALF OF ITSELF AND ITS PARTNERS AND AFFILIATES, DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING FOR NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AS WELL AS ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROGRAMS AND Twistabit AND PARTNER PROPERTIES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND CUSTOMER USES THEM AT ITS OWN RISK. Twistabit, ITS AFFILIATES, AND ITS PARTNERS DO NOT MAKE ANY GUARANTEE IN CONNECTION WITH THE PROGRAMS OR PROGRAM RESULTS. Twistabit MAKES NO PROMISE TO INFORM CUSTOMER OF DEFECTS OR ERRORS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM: Twistabit, CUSTOMER, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH OTHER TYPES OF DAMAGES ARE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY; AND (b) OTHER THAN CUSTOMER’S PAYMENT OBLIGATIONS UNDER THESE TERMS, Twistabit, CUSTOMER, AND THEIR RESPECTIVE AFFILIATES WILL NOT BE HELD LIABLE FOR DAMAGES UNDER THESE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE TERMS FOR ANY GIVEN EVENT OR SERIES OF CONNECTED EVENTS IN THE AGGREGATE OF MORE THAN THE AMOUNT PAYABLE TO Twistabit BY CUSTOMER UNDER THE TERMS IN THE THIRTY DAYS BEFORE THE DATE OF THE ACTIVITY FIRST GIVING RISE TO THE CLAIM.
Customer will defend and indemnify Twistabit, its Partners, agents, affiliates, and licensors against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any third-party allegation or legal proceeding to the extent arising out of or related to Ads, Targets, Destinations, Services, Use or any breach of these Terms by Customer. Partners are intended third-party beneficiaries of this Section.
Changes to Terms
Twistabit may make changes to these Terms at any time without notice.
ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAMS WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA’S CONFLICT OF LAWS RULES, EXCEPT TO THE EXTENT THAT CALIFORNIA LAW IS CONTRARY TO OR PREEMPTED BY FEDERAL LAW. Customer will not seek an injunction based on patent infringement in connection with the Programs in any proceeding filed while these Terms are in effect, and for one year after any termination of these Terms. These Terms are the parties’ entire agreement relating to their subject matter and supersede any prior or contemporaneous agreements on those subjects. Customer may not make any public statement regarding the relationship contemplated by these Terms (except when required by law). All notices of termination or breach must be in writing and addressed to the other party’s Legal Department (or if it is not known if the other party has a Legal Department then to the other party’s primary contact or other address on file). All other notices to Customer will be in writing and sent to an email address associated with Customer’s account. All other notices to Twistabit will be in writing and addressed to Customer’s primary contact at Twistabit or other method made available by Twistabit. Notice will be treated as given on receipt, as confirmed by written or electronic means. These notice requirements do not apply to legal service of process, which is instead governed by applicable law. Any amendment must be agreed to by both parties and must expressly state that it is amending these Terms. Neither party will be treated as having waived any rights by not exercising (or by delaying the exercise of) any rights under these Terms. If any provision of these Terms is found unenforceable, that provision will be severed and the balance of the Terms will remain in full force and effect. Neither party may assign any of its rights or obligations under these Terms without the written consent of the other party, except to an affiliate but only where the assignee agrees in writing to be bound by these Terms. The assigning party remains liable for obligations under these Terms if the assignee defaults on them, and the assigning party has notified the other party of the assignment. Any other attempt to transfer or assign is void. There are no third-party beneficiaries to these Terms. These Terms do not create any agency, partnership or joint venture among the parties. Sections 5 through 9 will survive termination of these Terms. Except for payment obligations, no party or its affiliates are liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.