Site Usage

User Conduct

User misconduct both by members and non-registered members is taken extremely seriously. ProfileTwist has an elaborate Code of Conduct - it outlines how users on the website are expected to behave and how rude and inappropriate behavior would be dealt with. The following outlines misuses of ProfileTwist and its services. It does not elaborate on expected behavior and such, since that is already covered in the Code of Conduct.

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
• Use automated scripts to gather information or interact Site or its Services
• Register for more than one account, register on behalf of another individual or register 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, verbally hurt, or defame any person or entity using the Site or its Services
• Upload, post, submit or otherwise make available any material that would encourage or provide instructions for a criminal offense
• Upload, post, submit or otherwise make available any unsolicited or unauthorized advertising, promotions, solicitations
• Upload, post, submit or otherwise make available that the ProfileTwist staff deems inappropriate, threatening, defamatory, infringing, abusive, or otherwise objectionable
• Upload, post, submit or otherwise make available of any third party including street addresses, credit card numbers, and other social security numbers
• Use or attempt to log in to any other account other than yours
• Upload, post, submit or otherwise make available any material that contains malicious code such as viruses that ca potentially disrupt or interrupt server communication or harm any computer, software, or any profile information
• Harvest or collect email address or contact information such as street addresses by any means for any purposes whatsoever.
• Transmit any information that by the sole discretion of ProfileTwist is objectionable and which can potentially restrict other users from enjoying the Site, or which may make ProfileTwist and its affiliations be liable for damages.

Eligibility for Site Registration and Usage

Membership in the service is void where prohibited. The site has been created primarily focusing on a target age of teens and young adults. Nonetheless, anyone who is 13 years or older is eligible to register and join the website. Persons under the age of 13 years are prohibited from using, accessing or registering on the site.

Profile Information

When registering for an account at ProfileTwist.com, you are only required to submit your full name and email address. All other information is optional. Although ProfileTwist takes extreme security precautions and options to protect your profile, you may still choose to use an alias or fake name. The use of such names is not recommended, but is in no way restricted by these terms. In consideration of the site and other users, ProfileTwist urges and strongly encourages you to provide fully correct and accurate information when adding optional information to the profile. Optional information includes street address, phone number, gender, and personal interests. It is wiser not to add any information than to lie and confuse your friends. Furthermore, adding false information would degrade the reliability of poll statistics and clog up the databases with unnecessary data. Please consider this when adding inaccurate information.

Security

ProfileTwist takes extensive precautions regarding security. Members have many options and settings to control security. Nevertheless, ProfileTwist cannot protect the safety of your login. It is your responsibility to maintain the security of login information, including email address and password. You are fully responsible for all use that resides on your account.

Privacy

Privacy is a core principle of ProfileTwist. The website has been created in efforts to keep your information private and safe. ProfileTwist has a comprehensive Privacy Policy that should looked over along with these terms.

Maintain and Promptly Update Info.

You are expected to maintain and promptly update information relating to your account. The reliability of poll statics greatly degrades when members fail to update their profile information. Name changes can take up to a few days to process, so please do not hesitate to request for a name change.

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 the solely 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 Company, 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, news stories, 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 a 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. Instead it simply expires it. 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 comfortable with, in the first place. 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.

Copyright

Complaints

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. As described in ProfileTwist's Copyright Infringement Policy - 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 learn how to file a complaint, please read our Copyright Infringement Policy.

Repeat Infringers

In accordance with the DMCA or Digital Millennium Copyright Act and other copyright laws, ProfileTwist has adopted a policy of terminating accounts of members who are deemed to be repeat infringers. The policy does not stand alone, and instead is a child policy of its parent policy, the Termination Policy.

Third Party Related Content

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 can not 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 be 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.

Termination

General Termination

ProfileTwist takes user misconduct, copyright infringement, violation of the Terms of Use, and other inappropriate actions of its users extremely seriously. ProfileTwist grants the right to terminate your membership, delete your profile and any content or information that you have posted on the website through your account. Although ProfileTwist reserves the right to delete your profile in its sole discretion, with or without notice, and with or without reason, ProfileTwist strongly believes in its three strike Termination Policy. The complete Termination Policy describes the simple, but rather detailed procedure on how it terminates other members from the website.

Copyright Infringement

An infringement of copyright would render a “strike” according to ProfileTwist’s complete Termination Policy. But because of this rare and serious circumstance, and since ProfileTwist works in accordance with the DMCA or Digital Millennium Copyright Act, such “strike” may not happen. Instead, the member may be immediately terminated without a second chance.

Other Termination

When ProfileTwist is notified of a member who passed away, ProfileTwist will typically set a special status on the person’s profile and keep the account running for approximately two months or whatever ProfileTwist deems fit. After the allotted time, ProfileTwist would terminate the account. The allotted time would grant users the ability to comment and view pictures of their beloved friend or family members who has passed away. Of course, the account may be terminated immediately through the request of the legal guardians of the user who passed away.

Disclaimers

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 rules in its Code of Conduct on user activity and has setup various features to minimize user misconduct, it cannot be held responsibility 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 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.

Legal

Limitation on Liability

Under no circumstances will ProfileTwist and its directors, employees, or agents be liable to you or any third person for any indirect, consequential, incidental, special, or punitive damages. This includes any lost profits, lost data, or any other damages arising from the use of the Site and its Services. If you paid to receive special access or spend any monetary value on the Site and its Services, ProfileTwist will only be liable for the charges you paid, and in no event will the company’s liability to you exceed $500. Furthermore, you understand that in the case that you paid no fees for the use of service, than you shall be limited to injunctive relief only, unless otherwise permitted by law. You shall not be entitled to damages of any kind from ProfileTwist, regardless of the reason.

Governing Law

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.

Arbitration

You agree that all disputes and claims relating in any way to or arising out of these terms of use, the Site and its Services shall be conducted by the American Arbitration Association or the AAA, under its Commercial Arbitration Rules or AAA’s Supplementary Procedures for Consumer Related disputes. The location and the allocation of costs and fees for such arbitration shall be decided in accordance with the AAA rules, and shall be subject to the limitations provided by the AAA Consumer Rules (only for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim. No class arbitration proceedings shall be permitted. Under no circumstances shall any claim or action arise from the use of the Site and its Services be created more than three years after the cause of action arose.

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.

Other

User Disputes

You are solely responsible for your interactions with other ProfileTwist users. ProfileTwist reserves the right, but under no circumstances has the obligation, to monitor disputes between you and other users. If any dispute arises that creates discomfort to other users that are not involved in the dispute, ProfileTwist reserves the right to terminate both parties’ accounts without notice.:ProfileTwist End