Terms of Service

1. Basic Terms
2. Privacy
3. Your Rights and Responsibilities for Your Content
4. Our Rights and Responsibilities
5. Safety
6. Registration and Account Security
7. Protecting Other People's Rights
8. Mobile and Other Devices
9. Special Provisions Applicable to Software
10. Health care disclaimer
11. Copyright Policy
12. Amendments
13. Termination
14. Disputes
15. Special Provisions Applicable to Users Outside the United States
16. Definitions
17. Other

1. Basic Terms

1. You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof.  You may use the Services only if you can form a binding contract with Twiin and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
2. All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Twiin and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Twiin name or any of the Twiin trademarks, logos, domain names, and other distinctive brand features.

2. Privacy

3. Your Rights and Responsibilities for Your Content

1. You own all of the content and information you post on Twiin, and you can control how it is shared through your privacy settings.
2. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk.
3. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Twiin be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

4. Our Rights and Responsibilities

1. By submitting, posting or displaying content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed), subject to the Data Policy and your privacy settings.
2. You agree that this license includes the right for Twiin to provide, promote, and improve the Services and to make content submitted to or through the Services available to other companies, organizations or individuals who partner with Twiin for the reuse of such Content on other media and services, subject to the Data Policy and your privacy settings.  Such additional uses by Twiin, or other companies, organizations or individuals who partner with Twiin, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Services.
3. We may modify or adapt your content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
4. Twiin will not be responsible or liable for any use of your content by Twiin in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content that you submit.
5. We always appreciate your feedback, comments or suggestions about Twiin or the Services, but you understand that we may use your feedback, comments or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Safety

1. You will not post unauthorized commercial communications (such as spam) on the Services, and will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Twiin.
2. You will not collect users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not solicit login information or access an account belonging to someone else, and you will not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
4. You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
5. You will not upload viruses or other malicious code, or do anything that could disable, overburden, impair or interfere with the proper working or appearance of Twiin, such as a denial of service attack or interference with page rendering or other Twiin functionality.
6. You will not try to access the Services using a method other than the interface and instructions that we provide.
7. You will not bully, intimidate, or harass any user.
8. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
9. You will not use Twiin to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not facilitate or encourage any violations of these Terms of Service or our policies.

6. Registration and Account Security

1. You will not provide any false personal information on Twiin, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Twiin if you are under 13.
5. You will not use Twiin if you are a convicted sex offender.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without first getting our written permission.
9. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

7. Protecting Other People's Rights

1. You will not post content or take any action on Twiin that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Twiin if we believe that it violates these Terms of Service or our policies.
3. You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
4. You will not post anyone's identification documents or sensitive financial information on Twiin.
   

8.  Mobile and Other Devices

1. For users of our mobile services, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Twiin within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync their devices with any information that is visible to them on Twiin.

9. Special Provisions Applicable to Software

1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. Twiin gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Twiin as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Twiin, in the manner permitted by these terms.
3. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless laws prohibit those restrictions or you have our written permission.
4. Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

10.  Health care disclaimer

1. Certain of the Services, including the “Avalon” content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives, and to offer supplemental means of sharing information between patients and their physicians. Nothing in the content, products or Services should be considered, or used as a substitute for, medical advice, diagnosis or treatment. This site and its Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or Services represents or warrants that any particular service or product is safe, appropriate or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
2. The Services are not designed for “Covered Entities” to use, store or disclose “Personal Health Information,” as those terms are defined by the Health Insurance Portability and Accountability Act of 1996, and the rules promulgated thereunder (collectively, “HIPAA”).  Accordingly, if you are a Covered Entity, you are prohibited from using the Services to use, store or disclose Personal Health Information.  You acknowledge that your failure to comply with this prohibition may subject you to civil and.or criminal liability under HIPAA.  You also acknowledge that you will be obligated to indemnify us for any failure by you to comply with HIPAA, as described in Section 14-2 below.

11.  Copyright Policy

1. Twiin respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
2. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Twiin will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

12.  Amendments

1. We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly.  We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. 
2. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.  If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
3. Your continued use of the Twiin Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

13.  Termination

14.  Disputes

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service or Twiin exclusively in the U.S. District Court for the Central District of California or a state court located in Los Angeles County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
2. If anyone brings a claim against us related to your actions, content or information on or relating to Twiin, you will indemnify and hold harmless Twiin and its affiliates, officers, agents and employees from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Services and are not responsible for the content or information users transmit or share on the Services. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services.
3. WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TWIIN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TWIIN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.  Special Provisions Applicable to Users Outside the United States

1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Twiin (such as advertising or payments) or operate a Platform application or website. You will not use Twiin if you are prohibited from receiving products, services, or software originating from the United States.

16. Definitions

1. By "Twiin" or the “Services” we mean the features and services we make available, including through (a) our website at www.twiininc.com and any other Twiin branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) other media, brands, products, services, software, devices, or networks now existing or later developed. Twiin reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
2. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Twiin.
3. By "content" we mean anything you or other users post, provide or share using Twiin Services.
4. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Twiin or provide to Twiin.
5. By "post" we mean post on Twiin or otherwise make available by using Twiin.
6. By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

17.  Other

1. These Terms of Service, including the Twiin Rules and our Data Policy, make up the entire agreement between the parties regarding Twiin and the Services, and supersede and replace any prior agreements (excluding any services for which you have a separate written agreement with Twiin that is explicitly in addition or in place of these Terms).
2. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of these Terms of Service, it will not be considered a waiver.
4. Any waiver of these Terms of Service must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent.
6. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in these Terms of Service shall prevent us from complying with the law.
8. These Terms of Service does not confer any third party beneficiary rights.
9. We reserve all rights not expressly granted to you.
10.  You will comply with all applicable laws when using or accessing Twiin.