Twiniversity Terms of Service (“Agreement”)
This Agreement was last modified on July 18, 2013.
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using http://www.Twiniversity.com (“the Site”) operated by Tired Twin Mom LLC D.B.A Twiniversity (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://www.Twiniversity.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Tired Twin Mom LLC D.B.A Twiniversity and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Tired Twin Mom LLC D.B.A Twiniversity.
Tired Twin Mom LLC D.B.A Twiniversity grants you a non-exclusive, non-transferable, limited license to use the Site in accordance with this Agreement.
Limitation Of Liability
In no event shall Tired Twin Mom LLC D.B.A Twiniversity, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for damages, direct or consequential, resulting from your use of the Site, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses, including but not limited to attorney's fees, arrising from your violation of any third-party's rights.
Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tired Twin Mom LLC D.B.A Twiniversity, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
This Agreement (and any futher rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the state of New York, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, and other pertinent information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site-related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer, and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
Tired Twin Mom LLC may collect and use Users personal information for the following purposes:
- To run and operate our Site: We may need your information display content on the Site correctly.
- To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site: We may use feedback you provide to improve our products and services.
- To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Your acceptance of these terms
The FCC requires me to tell you that Twiniversity conducts reviews. Occasionally products/services are given to me (Natalie Diaz) or the Twiniversity Team by the manufacturer/PR agency. If this is the case, we will tell you. Note, however, that just because a company gives myself or my team a product/service that it does not give them the right to suggest how we discuss the product or provide us with what to say or write.
Companies send me products/services hoping that I like them enough to write about them. At times I may choose not to write about it or possibly not even like it. If I do not like the product and choose to write about it, that could happen too.
In summary, just because I/we are given a product does not mean we are going to like it. I humbly promise this. I would never mislead our audience.
Also note that all iTwinsDay's/contests are determined by random.org. They are open to all Twiniversity members, multiple families around the globe as long as they are 18 years of age or older. All iTwinsDay contests/contests have an end date. If you comment after the date, you will not be eligible to win that prize.
Twiniversity is not responsible once the winner has been chosen and their information is handed over to the company/service hosting/sponsoring the giveaway. Twiniversity will do their best to make sure that all products/services are received by the winner but can not guarantee such. If the hosting/sponsoring company fails to come through with their promised giveaway/promotion, Twiniversity will provide a small gift as a consolation prize.
Now for the REAL Legal Mumbo Jumbo:
PLEASE READ VERY CAREFULLY THESE TERMS OF — USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF — USE. IF YOU DO NOT ACCEPT THESE TERMS OF — USE, PLEASE DO NOT — USE THIS SITE.
Privacy. When You leave a comment, the Author is automatically notified and receives IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Author for other purposes than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Author directly to arrange for complete removal of this information. Removal of all personal information will result in the removal of any content the Commenter might have contributed to this Site, including comments. This Site is hosted in the United States of America. Be aware that laws regarding personal information and privacy may differ from Your location.
Blog content. All the contents of the Site, EXCEPT FOR COMMENTS, constitute the opinion of the Author and members of the Twiniversity Team; they do not represent the views and opinions of the Author or Team's employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Author or Twiniversity Team is a part of. The Author is not a medical professional, and you should never substitute information from this Site for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. The content of this Site is not intended to cause harm, but if You have any concerns about the contents of this Site, please contact the Author. Disagreeing with the content of the Site does not constitute sufficient ground for You to ask the Author to remove or modify any parts of this Site.
Copyright policy. All the text, images and other content being part of this Site is property of the Author, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Site. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Site, please include the Site’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Author is doing so according to fair dealing practices. Use of material from this Site according to fair dealing practices requires proper acknowledgment. Simply linking back to the Site is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (“Permalink“) to that page.
Comment policy. The Author is not responsible for the content of any comments made by the Commenter(s). The Author is also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Site is a venue for discussion; therefore, the Author will not delete critical comments, or comments portraying a different opinion from the Author’s own. However, the Author reserves the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (“SPAM“) will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
Forbidden actions. You are not authorized to (i) use this Site to advertise for products of any kind and for other Sites, (ii) to infringe the Copyright policy and Comment policy of this Site, (iii) to attack this Site using malicious software and/or use this Site for data mining (iv) to commit any illegal actions while using the Site, or against this Site, (v) to restrict access to this Site, (vi) to impede the normal functioning of this Site and (vii) to menace the Author with, or cause physical or financial harm to, the Author of this Site.
Changes to the Terms. The Author reserves the right to change these Terms at any time. You will only be notified by the Site through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Site. If You do not agree with the Terms, DO NOT — USE THIS SITE.
No Guarantee. The Author makes no guarantee regarding the validity of the content of the Site. In addition, the Author does not guarantee that the Site will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Author’s control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Author or Your servers are located. Although the Author will try to moderate comments quickly, the Author makes no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Author.
No Warranty or Condition; Links. The Author makes NO WARRANTY OF ANY KIND. If you choose to access the Site, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Site, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO — USE THE Site AT YOUR OWN RISK, and that You will not consider the Site’s content to be a suitable substitute for professional advice.
Limitations of Liability. IN NO EVENT SHALL THE AUTHOR BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHOR’S LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Site (see Comment policy).
Obligation to Indemnify. You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense, including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Site and/or Your breach of any term of this Agreement. In New York, this will include judicial and extra-judicial costs and fees; elsewhere in the United States, legal fees on a solicitor and its own client basis.
Applicable Laws; Venue. The Author operates the Site from New York City, New York, and makes no representations that materials on this Site are appropriate or available for use in other locations. Access to the Site from any location where the content is illegal is prohibited. Any claim related to the use of the Site or to the Site materials shall be governed by the laws of the United States of America. Any action related to the access, use, content, or existence of this Site shall be filed only in the appropriate court located within the United States of America. The use of this Site constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of the United States of America for purposes of such actions.
Legal notices and Contact information. If You are intending to carry out legal action of any kind against the Site or the Author, you are required to contact the Author SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author means to DO NO HARM to You or anyone else by writing this Site. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Author will do whatever possible to address Your concerns.