Terms of Use

July 24, 2011

Table of Contents

How it Applies to You
Scope of the document and its legal provisions
Business Contact
How to get in touch with us
Privacy Policy
User rights and the information collected from users
Security Pledge
Measures we take to safeguard users' safety
Eligibility for Site Registration
Restrictions on who can sign up
User Conduct
Expected user behavior and prohibbited actions
Account Termination
Procedure in which users' accounts are terminated
Posted User Content
Proprietary rights of posted content and copyright
Copyright Complaints
DMCA notice and how to file a copyright complaint
Legal Disclaimers
Limitation on liability
Trademark
Legal reinforcement of trademarks
Links to Third Parties
Safety notice

How it Applies to You

Welcome to ProfileTwist.com, a social-networking websites for college students. The Terms of Use sets a standard framework of rules that you are to follow and agree to whenever using the Site and its Services.

Access or use of any part of the website constitutes your understanding and acceptance of these terms, whether or not you are a registered member. ProfileTwist reserves the right to modify, add, or delete portions of these Terms of Use at any time without further notice. The date of the latest revisions to the terms will be printed on the top. Your continued use of the site and any services it provides constitutes your acceptance of the new revisions. It is your responsibility to regularly check the Terms of Use for any revisions on a daily basis. If you do not agree with the following regulations, then you must immediately terminate your usage of the website. No one is exempted from any portions these terms unless explicitly mentioned in the terms or if you receive written permission from ProfileTwist.

Business Contact

ProfileTwist would like to hear from you. If you have any questions or concerns, feel free to send us a message using our online contact page or via email at contact@profilewist.com. For specific inquiries, please reference the list below. We will always forward messages to the appropriate personnal but you can expedite this process by contacting the appropriate party. Our professional staff should respond to your inquires within three business days.

Online Contact Page
http://www.profiletwist.com/about/contact-us.php
General Email Contact
contact@profiletwist.com
Press Inquiries & Information
press@profiletwist.com
Report Abuse
abuse@profiletwist.com
Unsubscribe from Emails
unsubscribe@profiletwist.com

Privacy Policy

ProfileTwist values your trust and respects your expectation of privacy. As such, we are committed to maintaining the confidentiality of your personal information while making it possible for you to enjoy social-networking as a whole. The Privacy Policy outlines our collection and use of information, our disclosure of information, and your privacy rights.

Security Pledge

ProfileTwist was created to be more privacy-aware and secure than any other social network. As such, ProfileTwist asserts that it using the latest security measures to safeguard user content from malicious activity. We utilize government-certified level of encryption (sha1) and a number of other security measures that are rarely used on our competitors websites. Nonetheless, if you supsect there is a way ProfileTwist can further improve its security or its privacy-related service, please contact us.

Eligibility for Site Registration

Membership in the service is void where prohibited. The site is primarily targeted at college students of the age of 18 years or older. To be able to sign up, a user must be enrolled as a student in one of the supported schools on ProfileTwist and have access to a functioning school email account. Upon registering, a student will be asked to confirm their enrollment by checking their school email account and opening the link provided. Persons under the age of 13 are strictly prohibited from using, accessing or registering on the site.

User Conduct

Registered members and non-registered members alike, are expected to behave appropriately at all times and remain civil to one another. Users are encouraged to report misconduct by contacting us via our online contact form or emailing us at abuse@profiletwist.com.

You agree not to use the service of site to:

  • Damage, disable, or impair the Site or Services by unlawful or inappropriate manner
  • Impersonate any person, or entity, misrepresent yourself, your age, or your affiliation with any person or entity
  • Register for more than one account, on behalf of another individual or for a group or entity
  • Solicit personal information from anyone under the age of 18 years of age; solicit passwords or personally identifying information for any unlawful purpose
  • Harass, discriminate, or defame any person or entity
  • Use or attempt to log in to any other account other than yours
  • Harvest email address or other contact information for any purposes whatsoever
  • Transmit any information that can potentially restrict other users from enjoying the Site, or which may make ProfileTwist and its affiliations be liable for damages
  • Use automated scripts to gather information or interact Site or its Services

You agree not to upload, post, submit, or otherwise make available:

  • any material that would encourage or provide instructions for a criminal offense
  • any unauthorized advertising, promotions, solicitations
  • that the ProfileTwist staff deems inappropriate, threatening, defamatory, infringing, abusive, or otherwise objectionable
  • any material that contains malicious code such as viruses that can potentially disrupt or interrupt server communication or harm any computer, software, or any profile information

Account Termination

Users found in violation of the aforementioned actions in the User Conduct section, may have their accounts terminated. For the safety and comfort of its users, ProfileTwist retains the right under its own discreation to discontinue a user's account or access to its Site or its Services at any time without prior notice or reason.

When we are notified that a user violated the terms of use, we will determine the severity of the violation. Actions that we have zero tollerance for includes but is not limited to:

  • Posting threatening, defamatory, or otherwise seriously objectionable content
  • Soliciting personal information from anyone
  • Impersonating a person or an entity
  • Attempting or accessing another person's acccount
  • Transmitting information with the intention to disrupt our Site or Services

Anyone violating one of our zero-tolerance actions will not only have their accounts immediately terminated but also face potential legal repercussions.

Users found in violation of less severe actions will have their accounts flagged and reminded to act more appropriately. Reptitive violations may lead to account termination.

Posted User Content

Proprietary Rights in Site Content

All content that is available through ProfileTwist.com and its services, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files are the proprietary property of the Company, its users or its licensors with all rights reserved. No site content may be modified, copied, distributed, reproduced, republished, transmitted or sold in any form by any means without the Company's prior written consent. The only exception is content that you uploaded and have proper copyright ownership of. Provided that you are eligible for use of the website, you are granted a "limited license" to view the Site Content and download or print a copy of any portion of the Site Content that you have properly gained access for personal, non-commercial use, as long as all the copyright notices stay intact. Except for your own User Content, any Site Content that you download for personal use cannot be uploaded or republished on any Internet, Intranet, or file sharing medium. The "limited license," is subject to these Terms of Use and does not permit use of Site Content for data mining, robots, or similar data extraction methods. Any use of Site or Site Content other than mentioned above, without the prior written consent of ProfileTwist, is prohibited and will terminate the "limited license." Unauthorized use may also violate certain copyright, trademark laws, and communications regulations. The "limited license" does not grant any license to intellectual property rights. This license is revocable at any time without notice and without reason.

Posted User Content

You are solely responsible for any pictures, messages, text information, and other content that you upload or publish on or through the use of Services provided by ProfileTwist. You understand that ProfileTwist in its sole discretion has the right to delete, move, and archive User Content, with or without reason. ProfileTwist is not liable for any damages or lose of User Content. It is your responsibility to create back-up copies of the User Content.

When you post User Content on ProfileTwist and its Services, you warrant that the content you upload has been created by you, or otherwise contains the copyright that allows you to post the content. Furthermore, you grant ProfileTwist and its Services an irrevocable, perpetual, non-exclusive, transferable, worldwide license to copy, redistribute, publicly perform, reformat, or manipulate and use in any manner ProfileTwist deems fit. Such actions by ProfileTwist will not include soliciting your personal information in any way. At any time, you have the right to remove the User Content. The removal of the content does not revoke the license stated above. This is because ProfileTwist may have already copied the User Content or otherwise archived it. It is best to upload only User Content you feel completely comfortable sharing. ProfileTwist does not assert any ownership over your User Content, rather, as between ProfileTwist and you, subject to the rights granted to ProfileTwist by these terms, you retain full ownership of all your User Content and any intellectual property rights associated with it.

ProfileTwist respects the intellectual property rights of others and prohibits users from uploading or otherwise transmitting such materials that violate another party's intellectual property rights on the ProfileTwist website or its services. When ProfileTwist is notified of alleged copyright infringement, the staff will promptly remove the allegedly infringing material and terminate the accounts of repeated infringers in accordance with DMCA or the Digital Millennium Copyright Act. Members and non-registered users are encouraged to report such infringements. To file a complaint, pease contact our staff using either our online contact form or directly through email contact@profiletwist.com.

ProfileTwist is not liable for any User Content or Third Party content or software posted on the Site or in connection with its services. ProfileTwist is also not responsible for any User's Misconduct and inappropriate actions, whether online or offline. Although ProfileTwist outlines prohibitied actions in the User Conduct section, it cannot be held responsible for the actions of its users.

The Site and its Services may be temporarily unavailable from time to time for maintenance or for other reasons. ProfileTwist assumes no responsibility for any error, interruption, deletion, or delay in operation of, User communications. ProfileTwist is not responsible for any technical malfunction or other problems including, computer, server, phone equipment, software, failure of email, other user computer failure, or other problems that arise because of the use of the Site and its Services. Under no circumstances will ProfileTwist be liable for any loss or damage, including any loss or damage to any User Content, personal injury or death, or legal disputes that arise between members on the Site that resulted from anyone's use of the Site and its Services, any User Content or Third Party content or software posted on the Site. ProfileTwist reserves the right to alter any and all of its content, software, design, and any other content that resides on its servers.

Limitation on Liability

By visiting or accessing the Site and its Services, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will take precedence and govern hand in hand with these Terms. Any disputes or claims not subject to arbitration as set forth below, you shall agree not to prosecute any action in connection there with other than in the state and federal courts of New Jersey.

Indemnity

You agree to hold ProfileTwist, its subsidiaries and affiliates, and each of their directors, officers, agents, employees, and partners, harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising from the Site and its Services.

Trademark

ProfileTwist and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks of ProfileTwist in the U.S. These trademarks and trade dress may not be used in conjunction with any product or service in any manner that is likely to cause confusion. Furthermore, the trademarks and trade dress may not be copied, imitated, or used, in whole or in part, without the prior written permission of the company.

ProfileTwist contains links to other web sites "Third Party Sites," including but not limited to: news articles, photographs, text, graphics, designs, music, sound, video, information, software, text, and other content or items that are the property of their respected Third Party. Such Third Party Sites and their respected content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ProfileTwist. Hence, ProfileTwist cannot be held liable on what content these Third Parties contain. If you choose to view a Third Party Site or to use or install any Third Party plug-ins or software, you do so at your own risk and are aware that ProfileTwist's applicable terms and policies do not apply or no longer govern. You should thus, review the applicable Terms of Use, Privacy Policy, and other agreements.