Terms of Service | Payments Terms

Date of Last Revision: Feb 29, 2012.
Date of Last Revision: Aug 9, 2011.

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls for all the access from outside Japan and the Japanese version controls for all access from Japan.

Terms of Service

This Statement of Terms of Service (Statement) derives from the TwitCasting Principles, and governs our relationship with users and others who interact with TwitCasting. By using or accessing TwitCasting, you agree to this Statement.


Sharing Your Content and Information

You own all of the content and information you post on TwitCasting, and you can control how it is shared through your privacy and application settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and account settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with TwitCasting (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
4. When you publish content or information, it means that you are allowing everyone, including people off of TwitCasting, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about TwitCasting, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).


Safety

We do our best to keep TwitCasting safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on TwitCasting.
2. You will not collect users' content or information, or otherwise access TwitCasting, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on TwitCasting.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on TwitCasting.
10. You will not use TwitCasting to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of TwitCasting, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.


Registration and Account Security

TwitCasting users provide their valid account information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

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


Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on TwitCasting that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on TwitCasting if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including TwitCasting and TwitCasting Logos), or any confusingly similar marks, without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not TwitCasting) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on TwitCasting.
9. You will not mention users or send email to non-users without their consent.


Mobile

1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
2. You provide all rights necessary to enable users to sync (including through an application) their notification lists with any basic information and contact information that is visible to them on TwitCasting, as well as your name and profile picture.


Payments and Deals

If you make a payment on TwitCasting or use TwitCasting Credits, you agree to our Payments Terms.


Amendments

We can change this Statement if we provide you notice by posting the change on the TwitCasting Site or TwitCasting Twitter/Facebook Page. To get notice of any future changes to this Statement, visit our TwitCasting Site.
We can make changes to this Statement at any time without prior notice.


Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of TwitCasting to you. We will notify you on the web site at the next time you attempt to access your account. In all such cases, all the provisions of this Statement shall still apply.


Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or TwitCasting exclusively in a court located in Tokyo Japan. The laws of Japan will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Tokyo, Japan for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on TwitCasting, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.


Limitation of Liability.

WE TRY TO KEEP TWITCASTING UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TWITCASTING 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 TWITCASTING WILL BE SAFE OR SECURE. TWITCASTING 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. 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 THIS STATEMENT OR TWITCASTING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR TWITCASTING 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, TWITCASTING'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


Disclaimer of Warranties.

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. TWITCASTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TwitCasting disclaims any warranties:
1. Regarding the security, accuracy, reliability, timeliness and performance of the Site or Services
2. or that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected.
No advice or information, whether oral or written, obtained by you from TwitCasting, will create any warranty not expressly stated in these Terms of Service. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.


Indemnification.

You agree to defend, indemnify, and hold TwitCasting, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with
1. your access to or use of the Site, Services, Content and User Submissions;
2. your violation of these Terms of Service;
3. your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
4. any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.


Definitions

1. By TwitCasting we mean the features and services we make available, including through (a) our website at TwitCasting.com and any other TwitCasting branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) embed code such as the live player and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from TwitCasting or provide data to us.
3. By information we mean facts and other information about you, including actions you take.
4. By content we mean anything you post on TwitCasting that would not be included in the definition of information.
5. By data we mean content and information that third parties can retrieve from TwitCasting or provide to TwitCasting through Platform.
6. By post we mean post on TwitCasting or otherwise make available to us (such as by using an application).
7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
8. By active registered user we mean a user who has logged into TwitCasting at least once in the previous 365 days.
9. By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.


Other

1. This Statement is an agreement between you and Moi Corporation (sidefeed, Inc). References to “us,” “we,” and “our” mean either Moi Corporation (sidefeed, Inc).
2. This Statement makes up the entire agreement between the parties regarding TwitCasting, and supersedes any prior agreements.
3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
4. If we fail to enforce any of this Statement, it will not be considered a waiver.
5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Statement shall prevent us from complying with the law.
9. This Statement does not confer any third party beneficiary rights.
10. You will comply with all applicable laws when using or accessing TwitCasting.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use TwitCasting to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.


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