Welcome to TwitHive.com, a web service for monitoring your Twitter streams and
updating your Twitter status. TwitHive.com is an online service
("TwitHive" or the "Service") that provides a web interface to the services offered
the Twitter Web Service APIs ("Twitter" or "Twitter APIs"). TwitHive.com is a service offered
by HanPerson.com and is not affiliated with Twitter, Inc.
This page sets forth the terms on which you may use TwitHive.com (the "Terms of Use" or "Terms").
TwitHive reserves the right to amend these Terms at any time and without notice. If we do so,
we will post an updated version here.
You accept this Terms of Use and TwitHive.com's Privacy Policy by accessing or using
TwitHive.com's services, and your continued use of TwitHive.com signifies your continued
acceptance of any revised Terms of Use. If you do not agree to these Terms of Use,
you may not use or access TwitHive.com.
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User Login
(a) To access TwitHive, you will be redirected to Twitter.com and you
will use your Twitter Username and Password to login to Twitter.com.
Twitter will then redirect you back to TwitHive.com with an authentication
token that does not contain your Twitter Password.
(b) Your Twitter Password never passes through TwitHive.com's servers.
However, you agree to protect your Twitter Password, and that you are solely
responsible and liable for any actions taken with your Twitter Username and Password.
If you suspect someone has taken your Password, you are responsible for contacting
Twitter immediately to change it.
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License for Acceptable Use of Service
(a) TwitHive.com hereby grants you the right to access and use the Service only for
the purposes of interacting with Twitter's Web Service API's.
TwitHive.com reserves the rights to suspend or deny, in its sole discretion, your
access to all or any portion of the Service for any violation of these Terms of Use.
Any rights not expressly granted to you here, including the intellectual property
rights associated with the Service, are reserved by TwitHive.com.
(b) You agree not to stalk or harass anyone on TwitHive.com, or to engage in activities
that violate Twitter's Terms of Use.
(c) You agree not to use TwitHive.com to collect personal data about others for
commercial use or unlawful purposes.
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User Content
(a) TwitHive.com allows you to post, transmit, or upload (collectively, "post")
content that is submitted to the Twitter Web Service APIs on your behalf.
You must own or have license to use any Content that you post on TwitHive.com.
You agree not to post Content that violates anyone else's rights of any kind,
including intellectual property, privacy, contractual, or any other proprietary
rights of anyone else.
(b) You own any Content that you enter or post on TwitHive.com. By posting
Content, you grant to TwitHive.com an irrevocable, sublicensable, transferable,
worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify,
adapt, publish, edit, translate, create derivative works from, transmit, distribute,
publicly display and publicly perform that Content. You also consent to allow
other TwitHive.com users to post or forward any such content to others who may or
may not be users of TwitHive.com.
(c) Though TwitHive.com is under no obligation to monitor Content, TwitHive.com
reserves the right to pre-screen, review, filter, refuse or remove any Content
that is offensive or objectionable, in TwitHive.com's sole judgment, or that violates
these Terms. You understand that by using TwitHive.com you may be exposed to content
that you may find offensive or objectionable and that you use TwitHive.com at your
own risk.
(d) TwitHive.com is not responsible and disclaims all liability for the truth,
correctness, or completeness of any TwitHive.com Content. TwitHive.com does not
endorse any of the Content on the Service. TwitHive.com is not responsible for
verifying the professional qualifications or claimed expertise of anyone who
contributes Content to TwitHive.com.
(e) TwitHive.com is not responsible for the maintenance or deletion of any
Content that you use or post.
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Ability to Accept Agreement
If you are under 13 years old you may not use TwitHive.com. If you are at least 13
but younger than 18, you may not use TwitHive.com without your parents' permission.
By using TwitHive.com, you affirm that you are either are at least 18 years of age
or possess legal parental or guardian consent, and are fully able and competent
to enter into the terms, conditions, and obligations set forth in this Terms of Use.
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Indemnity
You agree to indemnify and hold TwitHive.com and its affiliates harmless from
any claim or demand, including reasonable attorneys fees, arising out of your
use of TwitHive.com (including posting of Content), your violation of these Terms,
or your violation of any third party's rights including intellectual property,
proprietary, contractual, or privacy rights.
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Disclaimer Of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED TO YOU "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TWITHIVE.COM HEREBY DISCLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE
SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY,
TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND
(B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE
IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
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Assumption Of Risks
Your interactions with other users 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 TwitHive.com 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 users of TwitHive.com, or between users
and any third party, you understand and agree that TwitHive.com is under no obligation
to become involved and is not subject to any liability.
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Liability Limitation
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TWITHIVE.COM, NOR ANY
OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU
AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED
TO YOUR USE OF TwitHive.COM, OR TO ANY BREACH OF THESE TERMS, EVEN IF TwitHive.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF
FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. TWITHIVE.COM, ITS LICENSORS, AND
AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED,
NOT TO EXCEED $500.00. TWITHIVE.COM, ITS LICENSORS, AND AFFILIATES ARE NOT
LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE
OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT
WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.
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Advertisers and Third Party Links
TwitHive.com may contain links to third party websites, including those of
advertisers, registered TwitHive.com and Twitter users, and others, that are not under the
control of TwitHive.com. TwitHive.com is not responsible for any content on any linked website.
If you access a third party website from TwitHive.com, you do so at your own risk, and
you understand that these Terms do not apply to your use of such sites.
TwitHive.com provides links only as a convenience and the inclusion of the link does
not imply that TwitHive.com endorses or accepts any responsibility for the content on
those third party websites. Additionally, your dealings with or participation in
promotions of advertisers found on TwitHive.com, including payment and delivery of goods,
and any other terms (such as warranties) are solely between you and such advertisers.
You agree that TwitHive.com shall not be responsible for any loss or damage of any
sort relating to your dealings with such advertisers.
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International Usage
TwitHive.com is controlled and operated by HanPerson.com from its offices within the
United States of America. TwitHive.com makes no representation that it is appropriate
or available in locations outside of the United States of America. Those who
choose to access TwitHive.com from other locations do so at their own risk and are
responsible for compliance with applicable laws.
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Modifications
TwitHive.com reserves the right at any time to modify, suspend or discontinue its
services. You agree that TwitHive.com shall not be liable to you or to any third
party for any modification, suspension, or discontinuance.
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Assignment
These Terms of Use and any rights and licenses granted hereunder may not be
transferred or assigned by you, but may be assigned by TwitHive.com without restriction,
including without limitation, in the event that TwitHive.com, forms a partnership
with, is merged with, is acquired by another company or goes into bankruptcy.
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Term and Termination
Your permission to access TwitHive.com will immediately terminate if you violate
any of these Terms. You agree that TwitHive.com, in its sole discretion and with
or without notice, may terminate your access to any or all of the Site.
Paragraphs 1, 3-15 shall survive termination of your agreement to these Terms of Use.
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Severability
If any provision of these Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining provisions.
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General
These Terms shall be governed by the laws of the State of California without
regard to its conflict of law provisions. Any disputes arising under or related
in any way to these Terms or the Service shall be litigated or otherwise heard
in the appropriate forum in Santa Clara County, California. The parties hereto
hereby consent to the exclusive jurisdiction of the state and federal courts
sitting in the County of Santa Clara, California. TwitHive.com reserves the right
to terminate these Terms between TwitHive.com and you for any reason or no reason.
TwitHive.com's failure to act with respect to a breach by you or others does
not waive TwitHive.com's right to act with respect to subsequent or similar breaches.
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