In these terms and conditions advertiser will also be referred to as “sellers” , and buyers will also be referred to as “purchasers”. A tweeted message can also be referred to as a “message” or “tweet”. Any breach in these terms and conditions will have your account suspended without notice or warning.
You agree that the information you enter into the site is accurate and that you aren’t impersonating any person or company. You agree that you will not discriminate any other users or company using this site. You are entirely responsible for the accuracy of your information and keeping it up-to-date and for maintaining the confidentiality of your password and contact/account information. Upon discovering any kind of security breach you must notify the website via its contact page found at the bottom of every page.
By signing up as a seller you agree that you are 18 years of age or older, and have full right to sell tweeted messages and also own the Twitter account/accounts that you advertise on the marketplace. You agree that you are financially responsible for your account and paypal details, and that the information you have submitted is correct. On creation of the account you agrees to comply with the Federal Trade Commission’s Staff Opinion Letter dated December 7, 2006, and updated in March, 2013; and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act and the Federal Trade Commission’s Endorsement Guidelines. You agree that any sale you make on this site TweetMerchant.com will take a 30% non-refundable commission and that you will not remove the #ad at the end of the tweet.
Upon creating an account it is your responsibility to regularly log into the site and check if you have made a sale. It is also your responsibility to manually approve the purchased twitter message, and make sure the message isn’t against twitters rules for posting a tweet and it is within the laws of your state/territory.
Upon creating an account you agree that any tweet you purchase is within twitter.com rules for posting a tweet And it is within the laws of your state/territory. If the tweet doesn’t comply with these rules and the seller decides not to post the message because the content is against twitters rules then you will not be able to get a refund. You understand that Paypal will charge a small fee for using their services and this fee will not be added in the sale price. Note: every message you purchase must have #ad at the end of it to comply with the Federal Trade Commission. #ad will automatically be added to the end of the tweet.
All prices are in US dollars, we aren’t responsible for any tax responsibilities you have from using this site, the prices listed don’t include the small Paypal fees you incur for making a purchase with Paypal.
-you will not offer or make available any from of gambling
-you will not offer any form of escort service
-you will not break any kind of law in your state using this site
-you agree that we aren’t liable for any damages you occur for using the site.
- you will not Attempt to open a new Account after TweetMerchant.com has terminated your Account for breach of the Terms
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission, in doing so you will pay full damages you incurred to the site, also pay any profits you made to us and hand over everything you received/made in performing this act.
-Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or use any device, software or routine to attempt to interfere with use of the Site, in doing so you will pay full damages you incurred to the site, also pay any profits you made to us and hand over everything you received/made in performing this act.
- Take any action that may cause us to lose any of the services from its internet service providers, payment processors, or other suppliers.
-Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Site.
-Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
-Modify, adapt, translate, prepare derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Site, its software or technology, or attempt to create a substitute or similar service, product or website through use of or access to the Site or technology related thereto.
- The code used to make this website is copyrighted you cant copy it.
-You will not attempt to hack the Site, or attempt to defeat or overcome any security measures or encryption technology for the Site or any related data.
-in doing any of the above you will pay full damages you made to the site, also pay any profits you made to us and hand over everything you received/made in performing this act. Just don’t do it you will be in a lot of trouble.
We may change our service offering in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which we provide may change from time to time without prior notice to you. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features or functionality within the Services) to you or to users generally at our sole discretion, without prior notice to you. You and/or TweetMerchant.com may terminate this Agreement and/or your participation in the Service at any time, for any reason or for no reason, and TweetMerchant.com shall not have any liability regarding such decisions.
You shall indemnify, defend and hold TweetMerchant.com, its affiliates, licensors, Account holders, Site users, and each of their owners, directors, officers, employees, agents and representatives (the “Indemnitees”) harmless from any and all damages, liabilities, losses, costs (including reasonable attorneys’ fees), and expenses incurred or suffered by such Indemnitees arising out of, or in connection with, any claim based upon or arising out of (i) any breach or violation of these Terms or any policy or guidelines referenced herein by you; (ii) your gross negligence or willful misconduct; (iii) your submission of Content and Posts; or (iv) your use or misuse of this Site.
Buyers and Sellers participating in the Marketplace each represent, warrant and covenant that (i) you have sufficient authority to enter into the Agreement; (ii) your use of our services is solely for lawful commercial and business purposes; (iii) you have the necessary rights to provide all information provided under the Agreement (including all content, data, Opportunities, titles, URLs and descriptions) for use as described in this Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Social Content and/or Action: (a) do not violate any law, statute, ordinance, treaty or regulation or TweetMerchant.com policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) you will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by us, clicking, impression or marketing activities through the Service, and you will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003.
THIS SITE, AND ALL INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TweetMerchant.COM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE ITSELF WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS-FREE NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ANY LIABILITY OF TweetMerchant.COM TO AN ADVERTISER IN CONNECTION WITH THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO THIRTY PERCENT (30%) OF THE AMOUNT PAID BY ADVERTISER TO TweetMerchant.COM FOR THE SERVICES RELATED TO THE ADVERTISER’S MOST RECENT OPPORTUNITY (EXCLUDING AMOUNTS PAID BY ADVERTISERS TO INFLUENCERS). WE SHALL NOT BE LIABLE TO INFLUENCERS FOR DAMAGES OF ANY KIND ARISING OUT OF INFLUENCERS USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL TweetMerchant.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD US RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TweetMerchant.COM OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
We may give general notices to you by posting on its Website, or by electronic mail to the e-mail address provided by you to TweetMerchant.com. It is your responsibility to ensure that your e-mail address and any other contact information you provide to TweetMerchant.com is updated, current and correct.
(i) The Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by using the Service or clicking on the “I Accept” button in connection with your enrollment. This action creates an electronic signature that has the same legal force and effect as a handwritten signature. By clicking on the “I Accept” button, you accept the Agreement and agree to the terms, conditions and notices contained or referenced herein. When you click on the “I Accept” button during enrollment, you also consent to have the Agreement provided to you in electronic form. (ii) Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program.
Last modified Date: 17-Oct-2014
If you have any questions regarding any of our terms and conditions visit our contact page.