You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TwixText, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TwixText does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TwixText be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
4.1. What you cannot use the Service for
You must not use the Service, attempt to use the Service or allow the Service to be used in any way:
4.1.1. Breach of law
(a) which results in you or TwixText breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;
4.1.2. Damage to property or people
(a) which results, or could result, in damage to property or injury to any person;
(b) to harass, menace or stalk people;
(c) to defame or slander any person, or infringe upon any person’s privacy rights;
4.1.3. Protection of minors
(a) which harms minors in anyway.
(b) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
(a) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
4.1.5. Obscene, defamatory, offensive, abusive
(a) to send, display or be otherwise involved in material which is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(b) which is, or which would be considered by a reasonable person to be, offensive or abusive;
4.1.6. Illegal business practices and gambling
(a) to engage in any misleading or deceptive business or marketing practice;
(b) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(c) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) that intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government;
4.1.7. The rights of others
(a) which infringes TwixText or any other person’s rights (including intellectual property rights and moral rights);
(b) “stalk” or otherwise harass any person.
(c) which constitutes a misuse of TwixText’s or any other person’s confidential information; or
(d) which results in a breach by you of any obligation that you owe to any person.
4.2. What you cannot use the service to do
You are not authorized to access TwixText’s computer systems or networks for any purpose other than to use the Service in accordance with these Terms and Conditions.
You must not:
4.2.1. Interfering with services and systems
(a) interfere with the proper operation of the Service or any other part of TwixText systems;
4.2.2. Newsgroups, forums and chatrooms
(a) use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.
You must not use the Service, attempt to use the Service or allow the Service to be used:
4.2.3. Commercial Messages
(a) to send, or cause to be sent a commercial electronic message without prior opt-in.
(b) to send, or cause to be sent a designated commercial electronic message without prior opt-in.
(c) to engage in eMarketing activity without prior opt-in.
4.2.4. Virus, denial of service attacks
(a) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is TwixText’s or anyone else’s);
4.2.5. Open relay and port probing
(a) to access or use TwixText’s or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
(a) to impersonate any person or entity, including, but not limited to, a TwixText official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, TwixText, or the relevant electronic account-holder; or
(c) to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder.
You agree that TwixText, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TwixText believes that you have violated or acted inconsistently within the letter or spirit of the Terms and Conditions. TwixText may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms and Conditions may be effected without prior notice. Further, you agree that TwixText shall not be liable to you or any third-party for any termination of your access to the Service.
(a) Complainant’s full name and, if applicable, name of complainant’s business entity;
(b) Complainant’s mailing address, daytime telephone number, facsimile number and email address;
(c) Description or identification of the allegedly infringing Material;
(d) Basis for asserting ownership of or exclusive license to Material;
Controllers of Personal Information
Any personal information provided to (TwixText) is controlled primarily by TwixText Ltd.
1.1) Personal Data is any data that identifies You or Your account. The Personal Data which You supply to Us You agree will be true, complete and accurate in all respects and You agree to notify Us immediately of any changes to that information within TwixText. We will deal with Your Personal Data in compliance with the current USA data protection legislation. Please note this applies only to the TwixText Internet not to other companies’ or organisations’ websites to which We link.
1.2) Personal Data will be collected, processed and used by TwixText for the purposes of providing the Internet services to You and the other purposes mentioned below.
1.3) We only send email and text messages to You about new products and services which We consider may be of interest to You.
1.4) We may collect Personal Data about Your usage of the services on www.TwixText.com in order to provide a service to meet Your needs. However the data will only be disclosed on an anonymous and aggregated basis not in a way in which You will be identified.
1.5) We may hold Personal Data relating to the transactions You enter into with Us. We will disclose Personal Data to a party to the transaction, but only to assist your transaction. We may use Personal Data to let You know about products and services that may be of particular interest to You.
1.6). We may also need to provide certain Personal Data to the regulatory body currently ICSTIS regulating premium line services for the purpose of their assessing our compliance with relevant permissions and guidelines.
1.7) You agree that for the purposes of providing TwixText Internet services to You it may be necessary for Your Personal Data to be passed by Us or other organisations involved in providing Internet related companies outside the European Union.
1.8) If You have any questions about the handling or protection of Your Personal Data or Your rights under this Online Agreement please contact us.
1.9) TwixText may disclose Your Personal Data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of TwixText, enforce this Online Agreement, act to protect the interests of its online account holders or others.
1.10.1) Some websites store information in a small text file called a “cookie,” on Your hard disk. Cookies contain information about You and Your preferences. For example, it might contain a record of which pages within the site You visited, to help the site customise the view for You the next time You visit.
1.10.2) Only the information that You provide, or the choices You make while visiting a website, can be stored in a cookie. For example, the site cannot determine Your email name unless You choose to type it. Allowing a website to create a cookie does not give that or any other site access to the rest of Your computer, and only the site that created the cookie can read it.
General notices regarding the Service are posted on www.TwixtText.com or Your mobile operator’s web or WAP site if they are offering the TwixText Services (as applicable).
Events outside of TwixText’s control We shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of TwixText such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile telephone network or caused by atmospheric interference, Your mobile being turned off for an extended period of time so that messages are not retained, or Your being unable to obtain mobile network coverage.