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Terms of Service
The following terms and conditions govern all use of the Tweapsave.com website and all content, services
and products available at or through the website. The Website is owned and operated by Tweapsave Inc.
The Website is offered subject to your acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including, without limitation, Tweapsave’s
Privacy Policy) and procedures that may be published from time to time on this Site by Tweapsave Inc.
(collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any
part of the web site, you agree to become bound by the terms and conditions of this agreement. If you
do not agree to all the terms and conditions of this agreement, then you may not access the Website
or use any services. If these terms and conditions are considered an offer by Tweapsave Inc., acceptance
is expressly limited to these terms. The Website is available only to individuals who are at least 13
years old.
For the purpose of this agreement:
Campaign = Coupon space(s) created and maintained by retailers.
Your Tweapsave.com Account and Site. If you create a user profile on the Website, you are responsible
for maintaining the security of your account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the account. As a retailer on
the site, you must not describe or assign keywords to your campaign offer in a misleading or unlawful
manner, including in a manner intended to trade on the name or reputation of others, and Tweapsave Inc.
may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise
likely to cause Tweapsave liability. You must immediately notify Tweapsave of any unauthorized uses
of your account or any other breaches of security. Tweapsave will not be liable for any acts or omissions
by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a campaign space, share a coupon or post material to
the Website, or otherwise make (or allow any third party to make) material available by means of the
Website (any such material, “Content”), You are entirely responsible for the content of, and any harm
resulting from, that Content. That is the case regardless of whether the Content in question constitutes
text, graphics, an audio file, or computer software. By making Content available, you represent and
warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission
from your employer to post or make available the Content, including but not limited to any software,
or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things
necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful
or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted
commercial content designed to drive traffic to third party sites or boost the search engine rankings
of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the
source of the material (such as spoofing);
the Content is not pornographic, libelous or defamatory , does not contain threats or incite violence
towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your campaign is not getting advertised via unwanted electronic messages such as spam links on newsgroups,
email lists, blogs and websites, and similar unsolicited promotional methods;
your campaign is not named in a manner that misleads your readers into thinking that you are another
person or company. For example, your campaign’s URL or name is not the name of a person other than yourself
or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described
the type, nature, uses and effects of the materials, whether requested to do so by Tweapsave or otherwise.
By submitting Content to Tweapsave for inclusion on your Website, you grant Tweapsave a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for
the purpose of displaying, distributing and promoting your campaign. If you delete Content, Tweapsave
will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references
to the Content may not be made immediately unavailable. Without limiting any of those representations
or warranties, Tweapsave has the right (though not the obligation) to, in Tweapsave’s sole discretion
(i) refuse or remove any content that, in Tweapsave’s reasonable opinion, violates any Tweapsave policy
or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website
to any individual or entity for any reason, in Tweapsave’s sole discretion. Tweapsave will have no obligation
to provide a refund of any amounts previously paid.
Fees and Payment. Optional premium paid services such as creating a retail campaign space. By selecting
a premium service you agree to pay Tweapsave the monthly or annual subscription fees indicated for that
service (the payment terms can be found under pricing). Payments will be charged on the day you sign
up for a premium service and will cover the use of that service for a monthly or annual period as indicated.
Premium service fees are not refundable.
Responsibility of Website Visitors. Tweapsave has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot therefore be responsible for that material’s
content, use or effects. By operating the Website, Tweapsave does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates
the privacy or publicity rights, or infringes the intellectual property and other proprietary rights,
of third parties, or the downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. Tweapsave disclaims any responsibility for any harm resulting from the use by visitors
of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including
computer software, made available through the websites and webpages to which tweapsave.com links, and
that link to tweapsave.com. Tweapsave does not have any control over those non-Tweapsave websites and
webpages, and is not responsible for their contents or their use. By linking to a non-Tweapsave website
or webpage, Tweapsave does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. Tweapsave disclaims any responsibility
for any harm resulting from your use of non-Tweapsave websites and webpages.
Copyright Infringement and DMCA Policy. As Tweapsave asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If you believe that material located
on or linked to by Tweapsave.com violates your copyright, you are encouraged to notify Tweapsave in
accordance with Tweapsave’s Digital Millennium Copyright Act (“DMCA”) Policy. Tweapsave will respond
to all such notices, including as required or appropriate by removing the infringing material or disabling
all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes
the copyrights or other intellectual property rights of Tweapsave or others, Tweapsave may, in its discretion,
terminate or deny access to and use of the Website. In the case of such termination, Tweapsave will
have no obligation to provide a refund of any amounts previously paid to Tweapsave.
Intellectual Property. This Agreement does not transfer from Tweapsave to you any Tweapsave or third
party intellectual property, and all right, title and interest in and to such property will remain (as
between the parties) solely with Tweapsave. Tweapsave, Tweapsave.com and the Tweapsave logo are trademarks
(pending)l by Tweapsave Inc. Other trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any Tweapsave or third-party trademarks.
Changes. Tweapsave reserves the right, at its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued
use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance
of those changes. Tweapsave may also, in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
Termination. Tweapsave may terminate your access to all or any part of the Website at any time, with
or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement
or your Tweapsave account (if you have one), you may simply discontinue using the Website. Notwithstanding
the foregoing, if you have purchased a premium paid service such as creating a campaign and entered
for a specific contract period, such account can only be terminated by Tweapsave. If you wish to no
longer use your campaign space, you may do so but with the understanding that any fees pending or already
paid per contract are still under your obligation to fulfill. Tweapsave can terminate the Website immediately
as part of a general shut down of our service. All provisions of this Agreement which by their nature
should survive termination shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Tweapsave and its suppliers and licensors
hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties
of merchantability, fitness for a particular purpose and non-infringement. Neither Tweapsave nor its
suppliers and licensors, makes any warranty that the Website will be error free or that access thereto
will be continuous or uninterrupted. If you’re actually reading this, you understand that you download
from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Tweapsave, or its suppliers or licensors, be liable with respect
to any subject matter of this agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement
or substitute products or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Tweapsave under this agreement during the twelve
(12) month period prior to the cause of action. Tweapsave shall have no liability for any failure or
delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited
by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will
be in strict accordance with the Tweapsave’s Privacy Policy, with this Agreement and with all applicable
laws and regulations (including without limitation any local laws or regulations in your country, state,
province, city, or other governmental area, regarding online conduct and acceptable content, and including
all applicable laws regarding the transmission of technical data exported from the Canada or the country
in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Tweapsave, its contractors, and its licensors,
and their respective directors, officers, employees and agents from and against any and all claims and
expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited
to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Tweapsave and you concerning
the subject matter hereof, and they may only be modified by a written amendment signed by an authorized
executive of Tweapsave, or by the posting by Tweapsave of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed
by the laws of the province of New Brunswick, Canada.
I agree to the terms of service *