These Terms and Conditions govern the service provided by the owner of the website tweetbinder.com visitors and users of the site. Use of the service provided by this website implies full acceptance of these Terms and Conditions.
1. Identification of parties
1.1. On one side, the company Tweet Binder SL Owner of the site tweetbinder.com, placed at C/ Emilio Arrieta 5 bis, entreplanta, Pamplona, Spain, NIF B71088736, registered in the Commercial Register of Navarra, Volume 1619, Page 21, Sheet NA-32109, and with the email address marketing@tweetbinder.com (hereinafter referred to as TWEETBINDER).
1.2. And on the other side, the tweetbinder.com website visitor that uses the services provided in the aforementioned website or get by User registration the status of USER (hereinafter referred to as the User).
2. Terms of use of the service
2.1. The User must be at least 18 years sufficient capacity to contract and shall fully and unreservedly accept all these Terms and Conditions.
2.2. Also, in order to use the Service is necessary that the user holds an account at www.twitter.com (or authorized by the holder thereof) and it must be active. In the home page of Tweet Binder, the user must enter the credentials of twitter.com and from that moment and he will be able to use the Service.
2.3. Tweet Binder plans are automatically renewed. Clients receive this notification in an email when they purchase a plan. This email is sent to the address clients provide when purchasing a plan. Plans can be cancelled at any moment by the client. If a plan is renewed and the client wants to cancel it, they have two options that can activate in the 10 following days after the renewal:
- Freeze the plan an activate it in the future. This can be done by contacting the Tweet Binder Team.
- Cancel the plan and get a partial refund. Tweet Binder can charge a penalty for this. When a plan is renewed tweets are automatically provided to the clients’ account.
3. About the service
3.1. The Service allows to access via a twitter.com account to Tweet Binder and to perform certain actions, such as search, classifications of search results, generate statistics, etc.. All actions performed on Twitter.com are made from the user’s Twitter account and may be visible to other users of the platform twitter.com only if he or she decides to share the information. At any time the user can log out of the service by pressing the option of “exit”.
3.2. The User is solely responsible for the activity from his Twitter account through the service offered by the website. In that sense, the User acknowledges and accepts this and is solely responsible for actions taken with his Twitter.com account on this page. We know you will behave, but please, be responsible.
3.3. In using the Service, you agree to abide by the terms and conditions as the holder of Twitter.com.
3.4. The user may not use the service to carry out any illegal or contrary to law action especially those that are (i) a breach of the rules of intellectual property, (ii) a breach of data protection legislation, right to honor and privacy, (iii) Suppose a violation of the Terms and Conditions of Twitter.com.
You also can not use the page in a way that can alter the normal functioning of it and for the purpose for which it was designed and made.
4. Reports
4.1 The service offers users the ability to generate (amazing) statistical reports on the activity of your session. The User assumes sole responsibility for this report and its uses. Therefore, the USER must have sufficient rights if necessary to the intended use of the report (eg the publication of it or to share it in twitter.com or other platforms). In that sense, the User shall (i) enforce the Terms and Conditions set by Twitter.com over the content uploaded to the platform by other users, (ii) have the necessary rights to the generation and intended uses of this special report those relating to intellectual property, the right to honor and privacy and data protection.
4.2 The Twitter counts will show the total number of tweets of the query in the last 7 days. Those tweets may include banned accounts and deleted tweets, so if the user create a report, surely the number of tweets of the report will be different. The user must know that Tweet Binder will not be able to recover those tweets. If a report contains less or more tweets than the Twitter count, Tweet Binder will not be able to match that numbers. Tweet Binder is not responsible if the total number of tweets of the report is less than the Twitter count because those tweets are either from deleted Twitter accounts or deleted tweets.
5. Intellectual and industrial property
5.1. As it is necesary to access the Service offered, TWEETBINDER grants the User a non-exclusive personal use, revocable, non-assignable, and non-sublicensable to third parties license, on those elements of the Web page offered by TWEETBINDER to Users that enable the enjoyment of the Service. The scope of the license is limited to the necesary use to access the service and is subject to compliance by the User of these Terms and Conditions.
5.2. The User agrees and undertakes to respect the rights of intellectual property of others in the use of the Service. The User guarantees that it is the author or has the rights to use the works and materials you can upload and use the web to use the Service. In the event that the user is not the author or does not have the rights necessary for the intended use thereof, must not use the work, names and third party materials.
5.3. The service can not be used to violate any rights of intellectual or industrial property of third parties.
6. Cookies
6.1. Cookies are text files that are hosted on the user’s terminal with some information of the visit to the page. The User expressly accepts the installation of cookies by TWEET BINDER SL and by from third parties for the provision of the services offered on the Website. For more information regarding Cookies, we offer the following links:
- http://es.wikipedia.org/wiki/Cookie_%28inform%C3%A1tica%29
- http://tools.ietf.org/html/rfc6265
- http://www.aboutcookies.org
6.2. Generally browsers have different settings regarding cookies, you can adjust various levels of privacy, so that for example, refuse all cookies you can send a website like this or even eliminated all cookies that could have been saved. To modify these parameters, you can access the instructions of the browser you use or request help from the manufacturer.
Anyway, TWEET BINDER SL facilitates access to the instructions of the popular desktop browsers and mobile.
- Google Chrome, Mozilla Firefox, Internet Explorer y Safari.
- IOS, Android, Blackberry y Windows Phone.
7. Right of withdrawal
7.1. The right of withdrawal is a power granted by law to the User which allows in certain occasions to leave without effect the contract, without having to justify its decision.
7.2. The contract between the User and TWEET BINDER SL is among the statutory exceptions established to the right of withdrawal, in which the service given by TWEET BINDER SL begins immediately after the engagement, so under Article 102 of the Law of Consumers and Users the right of withdrawal is not for application.
8. Availability of service
8.1. The services offered through the Website depend on Twitter.com (i) is available and technically accessible, (ii) keep the terms of their respective API, especially the technical conditions, (iii) do not prevent the capture of information in the form and manner TWEET BINDER SL is done today. In the event that twitter.com is not available, changes their API or terms of use, TWEET BINDER SL can not guarantee the availability of the Service. The User understands and accepts the above situation inherent in the service provided by TWEET BINDER SL so can not be understood in any case that TWEETBINDER.com has failed to provide service to the User who can not claim any damages whatsoever against TWEET BINDER SL by these circumstances. Meaning, we love Twitter, we trully do, but if it is down we can not work.
8.2. TWEET BINDER SL will not be liable for breach of its obligations under these Terms and Conditions, where this is caused by interruptions in telecommunications services or electrical supply outside the holder, Hardware failures in running the page, or acts of God greater, such as flood, earthquake and other natural disasters, war, rebellion, sabotage, threats, blackmail or extortion, blockades, embargoes, strikes and lockouts occurred by social unrest and governments actions and omissions, and any other assumptions could be described as force majeure is defined in Article 1105 of the Civil Law (Spain).
8.3. TWEET BINDER SL without notice may terminate the Service TWEETBINDER to perform maintenance or improvements. Such interruptions in any case not generate any responsibility for TWEET BINDER SL.
8.4. TWEET BINDER SL will not be liable under any circumstances for the damages that service interruptions have caused to the User as described in the previous sections, and the fact that the user can not access the Service temporarily does not generate any right to claim against TWEET BINDER SL. But if this happens, please, talk to us and we will look for a solution.
9. Disclaimer
9.1. In any case, TWEET BINDER SL is responsible for the activity performed by the user on the page or the reports that can be shared with other third parties. The User is solely responsible for the use made of the Service and the generated reports through the same.
9.2. TWEET BINDER SL reserves the right to add new functionality to the Site or replace existing ones by others. In these cases, the User shall not claim any amount for the addition and / or replacement of the functionalities. But don’t worry, we will add only cool features.
10. Termination or suspension of the account
10.1. TWEET BINDER SL reserves the right to terminate without notice the access to the Service in the event that the User (i) does not meet the conditions required by the Terms and Conditions for use (ii) impersonates another person, (iii) use the service for any illegal or criminal or fails, (iv) infringes any intellectual property rights or industrial in the contents that can upload to the Platform, (v) violates the rules of data protection, right to honor and privacy , (vi) not fulfilling the terms and conditions governing the service of twitter.com. (vii) Failing to comply with these Terms and Conditions. We don’t like to say that, but please, don’t be evil.
10.2. The suspension or cancellation of the account by any of the above reasons by TWEET BINDER SL will not generate any compensation to the User.
11. Modification of terms and service
11.1. TWEET BINDER SL reserves the right to modify these Terms and Conditions without having to make any prior notice to visitors and users of the site TWEETBINDER (But we will do our best to tell you guys). Every time the User uses the Service shall agree with the terms and conditions. In the event that the user does not agree wit the new terms and conditions may unsubscribe from the service.
11.2. TWEET BINDER SL reserves the right to modify the number and characteristics of the services offered through this page and in its case to suspend or discontinue providing the Service.
11.3. Although right now most of the services offered by TWEET BINDER SL in TWEETBINDER.com are free, TWEET BINDER SL reserves the right to change this situation. But we do not think this will happend at all, we would like to offer our service free for ever so you guys can come to our “house” and have a good time.
12. Contact
For any issues, concerns or questions about the service offered through this website, the User can contact TWEET BINDER SL through this email address support@tweetbinder.com.
13. Others
These Terms and Conditions shall be accessible to the user at all times, through a permanent link at the beginning of the page. TWEET BINDER SL will not archive any electronic document formalizing the contract.
14. Waiver of rights
The non-exercise of any right from TWEET BINDER SL that may apply in accordance with these Terms and Conditions does not under any circumstances be construed as a waiver of that right and can be exercised by TWEET BINDER SL whenever it has by convenient.
15. Titles meaning
The titles of the Provisions of these Terms and Conditions and, any of the sections that may exist in them, have a as meaning merely to clarify, or interpret or limit the scope of what established in each of these provisions and sections.
16. Severability
Severability and / or complete any of the terms, covenants and / or provisions of these Terms and Conditions shall not affect the validity of the remaining contract.
17. Applicable Law
These Terms and Conditions shall be governed by Spanish law, which will be applied in matters of the interpretation, validity and performance, unless a legal rule provides otherwise, in which case it will be regulated by that provision.
18. Jurisdiction
The legal jurisdiction shall be determined by the laws that are applicable in the present legal relationship. If the choice of jurisdiction is legally possible and consequently there is no rule prohibiting the establishment of jurisdiction by the parties, all questions arising in connection with these Terms and Conditions of the service provided to through this site, are subject to the jurisdiction of the Courts of Pamplona (Navarra). That’s our hometown, where the bulls run in the street by the way.
19. Attribution and advertising
19.1. Tweet Binder SL may display its or the “Tweet Binder” trademark(s) or logo(s) on the Online Information and/or through the provision of the Services and, if Tweet Binder SL does so, the user will not remove, modify, or interfere with the display or viewing of these trademarks or logos.
19.2. Tweet Category may: display the user’s name, trademark(s) and/or logo(s) on the Online Information and/or through the provision of the Services or services similar to the services that are provided to other users of Tweet Binder SL, and/or otherwise (by any means), and disclose that the user uses the Service, in each case for marketing purposes and, where Tweet Binder SL does so, the user will not remove, modify, or interfere with the display or viewing of the same.
19.3. The user will display, and the user will not remove, alter or obscure, any attribution information provided by Tweet Binder SL in connection with the Services.
20. Data protection
20.1. Tweet Binder S.L. meets the requirements of the Spanish Organic Law 3/2018, 5 of December, of Personal data protection and digital rights guarantee (LOPD-GDD). For more information you can consult our privacy policy.