Twitter Revue Service

Terms of Service

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Last Updated: January 26, 2021 These Revue Terms of Service ("Terms") govern your use of the Revue website(s), apps, and any of the Revue features, application programming interfaces (APIs), or services ("Service"). By accessing or using the Service you agree to be bound by these Terms and understand the Platform Privacy Policy or Website Privacy Policy, as applicable. Your use of the Service is also subject to the Twitter Terms of Service, the Twitter Rules and Policies, and any other policies referred to in these Terms, except as expressly modified by these Terms. If you live in the European Union, EFTA States, or the United Kingdom, you enter into these terms with Twitter International Company with its registered offices at One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Ireland (“TIC”). If you live outside of the European Union, EFTA States, or the United Kingdom, you enter into these terms with Twitter, Inc., (“Twitter”) with an office located at 1355 Market Street, Suite 900, San Francisco, CA, 94103, USA. If you pay a fee for using any of the Services, and are located in North America (including Hawaii) or South America, you enter into these Terms with Twitter. If you pay a fee for using any of the Services, and are located outside of North America or South America, you enter into these Terms with TIC. “You” or “your” means you as an individual and the company, organization and/or entity electronically accessing our Services and/or accepting the Terms. 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 and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity. Account Creation Revue provides a website and online services that allow writers and publishers (“Publishers”) to create and send out newsletters, share Content (defined below), and engage with readers (“Readers”) across our websites, apps, and other online services (such as on Twitter) - and for Readers to subscribe to and receive such newsletters, and access such Content on our websites, apps, and other online services. To use our Service, you must be at least 13 years old, or the age of consent in your jurisdiction. When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Service. When you register for an account as a Publisher, we may request further information to verify your authenticity prior to your being able to use our Service. Publishers may also add additional users to their account by invite (“Invited Users”). All Invited Users must create an account and agree to these Terms and our Platform Privacy Policy. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Please note that if you subscribe to a newsletter, the Publisher determines whether that newsletter will be free or subject to a subscription fee. Revue does not set the fee for such subscriptions. If you have a dispute regarding any payment you’ve made to the Publisher, you understand and agree that such dispute is between you and the Publisher directly. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene, or may cause confusion or impersonate another. As a Publisher, you represent and warrant that you: (i) maintain a privacy policy that discloses to your Readers how you collect, use, share, and store their personal information. and (ii) have all necessary consents for uploading your Readers’ emails and sending them commercial marketing communications through the Service. When a Publisher provides its Readers’ email addresses and/or names through our Service or a Reader subscribes to a Publisher’s newsletter through our Service, the Publisher is the owner of that information and agrees that: (i) we will act as a processor of that data subject to our Processor DPA, incorporated by this reference, for the purposes of Providing the Service, and (ii) it will not share sensitive data of any Reader with us. Premium Offerings Some parts of the Service are available only for a fee, and are governed by additional terms contained in an executed Order. In the event of a conflict between these Terms and any additional terms, the additional terms will control. Please contact us at RevueInformation@twitter.com if you have questions about our paid offerings. Revenue Share for Paid Newsletters If you choose to charge your Readers a subscription fee for your newsletter, you agree to process payments from Readers only through the third-party payment processing platform (“Payment Processor”) we choose, and to follow any other rules we specify. You may not avoid your payment obligations to us by using a different payment method. You agree to pay us the percentage of the total amount charged by you to Readers as set forth on our website, exclusive of any taxes (the “Revenue Share”). You agree that the Payment Processor may pay us the Revenue Share as you process subscription payments, and that these payments are non-refundable. As a Publisher, if you cancel or terminate your paid newsletter before the end of any Reader subscription term, you are responsible for any and all obligations relating to that subscription by the Reader, including any pro-rata refunds, if applicable. You agree that you will be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your newsletter. We are only responsible for income taxes related to the profit from the Twitter revenue share. Your Content Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for your Content, including its legality, reliability, and appropriateness. Your Content is subject to the Twitter Terms of Service and the Twitter Rules and Policies. By posting Content to the Service, you grant us the royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, subject to your account settings, who may also use your Content subject to these Terms. You retain any and all of your rights to your Content and you are responsible for protecting those rights. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If you believe that any Reader or Publisher Content is in violation of our Policies, you can report the violation to RevueReport@twitter.com. Copyright Policy We respond to copyright complaints submitted under the Digital Millennium Copyright Act (“DMCA”) in accordance with our Copyright Policy. If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at: <ul> <li>Revue</li> <li>Attn: Copyright Agent</li> <li>1355 Market Street, Suite 900</li> <li>San Francisco, CA 94103</li> <li>Email: Revuecopyright@twitter.com</li> </ul> Your License to Use the Service We give you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms. Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Twitter and TIC, as applicable, and their respective licensors. The Service is protected by copyright, trademark, and other laws of both the United States and Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent and must, if applicable, comply with the Twitter Brand Assets and Guidelines located at https://twitter.com/logo. Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned, operated, or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Termination of Your Access to the Service We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by simply discontinuing your use of the Service. Your payment obligations may be governed by additional terms. Termination or Modification of the Revue Service We reserve the right to modify or discontinue the Service, or any part thereof, at any time, but will endeavor to provide you advance notice of material changes or a discontinuation of the Service. Your use of the Service after notice of changes to the Service will be deemed as your acceptance of such changes. If any changes are not acceptable to you, you may terminate your Subscription or stop use of the Services. Additional Representations &amp. Warranties You represent, warrant, and covenant that: (a) you will not engage in, nor cause others to engage in, spamming or improper, malicious, or fraudulent marketing activities relating to your use of the Service (b) your use of the Service and any or your Content, (i) will not violate any applicable law, statute, directive, ordinance, treaty, contract, or regulation, including, without limitation, any trade sanction(s) and/or import or export regulation(s) that applies to your use of the Service (for example, but not limited, to U.S. Export Administration Regulations and OFAC restrictions) (collectively, “Laws”) and/or our Policies or guidelines, and (ii) and will not be false, deceptive, misleading, defamatory or libelous or include any forged 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. (c) save to the extent expressly permitted by applicable law, you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Service, or any aspect or portion thereof. (d) you will not, nor will you enable any third party to, repackage, resell, or sublicense the Service or any portion thereof. (e) you will not access or search or attempt to access or search the Services by any means (automated or otherwise), such as through scraping, other than through our currently available, published interfaces that are provided by unless you have been specifically allowed to do so in a separate agreement with us. and (f) if you use any of our APIs, you will comply with our API Restricted Use Rules. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety or that of our users and the public. Any disclosure in connection with the foregoing will not include providing personally-identifying information to third parties except in accordance with our privacy policies. Indemnification You will indemnify, defend, and hold us and our respective affiliates, parents, subsidiaries, directors, officers, employees, agents, representatives, successors and assigns (“Indemnified Parties”), harmless from, all claims (collectively, “Claim(s)”) that arise out of or in connection with (a) your use of the Services and/or (b) your breach of your representations and warranties set forth in these Terms. You are solely responsible for defending any Claims against the Indemnified Parties, subject to such each’s right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against any of the Indemnified Parties. You will not agree to any settlement related to any Claims without our prior express written consent regardless of whether or not such settlement releases the applicable Indemnified Party from any obligation or liability. Limitation of Liability To the maximum extent permitted by applicable law, in no event shall we, nor our directors, employees, partners, agents, suppliers, parent company, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service. (ii) any conduct or content of any third party on the Service. (iii) any content obtained from the Service. and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Disclaimer Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service 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. We do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location. (b) any errors or defects will be corrected. (c) the Service is free of viruses or other harmful components. or (d) the results of using the Service will meet your requirements. Service Availability and Support We are constantly updating the Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We are not responsible for outages and delays, and at times your access to the Service may be disrupted or delayed. We will use commercially reasonable efforts to take steps to remedy and avoid such events, but cannot and do not guarantee that such events will not occur. We disclaim any and all liability arising from or related to such events. Governing Law These Terms shall be governed and construed in accordance with the laws of the jurisdiction set forth below, without regard to its conflict of law provisions. Contracting Twitter Entity Governing Law Twitter, Inc. State of California, U.S.A. Twitter International Company Laws of Ireland Notices You agree that we may give notices to you by posting on the Service, or by email to the address provided by you. You must ensure that your contact and account information is current and correct, and promptly notify us in writing of any changes to such information. You will send all notices to us via recognized overnight courier or certified mail, return receipt requested, as follows: Contracting Twitter Entity Notice Address Twitter, Inc. General Counsel, Twitter Inc., 1355 Market Street, Suite 900, San Francisco, California 94103. Twitter International Company Legal Department, Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07, Ireland. Force Majeure No one will have any liability under these Terms by reason of any failure or delay in the performance of our or your obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, pandemics, epidemics, Internet and/or electrical outages, computer viruses, acts of God, war, governmental action, or any cause that is beyond our or your reasonable control. Waiver Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Assignment You will not assign (whether by operation of law or otherwise) these Terms or any other rights or obligations under these Terms to any third party, without our prior written consent. Any assignment, transfer, or attempted assignment or transfer in violation of this section will be void and of no force or effect. We and our subsequent assignees may assign, delegate, sublicense, or otherwise transfer from time to time these Terms, or the rights or obligations hereunder, in whole or in part, to any person or entity. Subject to the foregoing restrictions, these Terms will be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Entire Agreement. Survival. Severability These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Those terms that either explicitly or by their nature, must remain in effect even after termination or cancellation of these Terms, shall survive termination or cancellation. If any provision of these Terms is unenforceable, the validity of the remaining provisions will not be affected. Changes to these Terms We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Contact Us If you have any questions about these Terms, please contact us RevueSupport@twitter.com.