This Agreement was last revised on May 2nd, 2011.
Welcome to twalaba.com, the website and online service owned and operated by 52nd & West, Inc. ("Twalaba,", “52nd & West”, "we"). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”).
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service. If you do not accept these terms, please do not use Twalaba’s services.
We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
1. Use of Our Service
The Twalaba service is for people trying to find travel information for themselves, their families, and their friends, and Twalaba grants you a limited and revocable right to use the service for those purposes.
A Eligibility
You may use the Service only if you can form a binding contract with Twalaba, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Twalaba. If you are looking for travel information for a commercial purpose (for example, if you are a travel agent), you may not use Twalaba to find information and then book travel found on Twalaba through another website or service. If you are using Twalaba for a non-commercial reasons (such as for personal use), you may choose to book your travel elsewhere (although we'd certainly prefer if you used the links we provide!).
B Twalaba Accounts
Your Twalaba account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Twalaba with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Twalaba immediately of any breach of security or unauthorized use of your account. Twalaba will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing your preferences in your settings page. By providing Twalaba your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
C Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Twalaba servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Twalaba grants the operators of public search engines revocable permission to use spiders to copy materials from twalaba.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Twalaba Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Twalaba Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Twalaba shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow Users to post content such as profile information, reviews, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Twalaba reserves the right, but is not obligated, to reject and/or remove any User Content that Twalaba believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights or International organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
B Your User Content and Twalaba's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C Twalaba may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
D To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Twalaba takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Twalaba shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Twalaba a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. You understand and agree, however, that Twalaba may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
4. End User License Grant
Twalaba Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Twalaba reserves all rights not expressly granted herein in the Service and the Twalaba Content (as defined below). Twalaba may terminate this license at any time for any reason or no reason.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "Twalaba Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Twalaba and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Twalaba Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Twalaba under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Twalaba does not waive any rights to use similar or related ideas previously known to Twalaba, or developed by its employees, or obtained from sources other than you.
6. Twalaba Property
Certain aspects of the Service may allow you to obtain certain reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, trophies, badges, traveled miles, or powers) ("Twalaba Property"). You understand and agree that regardless of terminology used, Twalaba Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Twalaba's sole discretion. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Twalaba on Twalaba servers, including without limitation any data representing or embodying any or all of your Twalaba Property. You agree that Twalaba has the absolute right to manage, regulate, control, modify and/or eliminate Twalaba Property as it sees fit in its sole discretion, in any general or specific case, and that Twalaba will have no liability to you based on its exercise of such right. All data on Twalaba's servers are subject to deletion, alteration or transfer. YOU UNDERSTAND AND AGREE THAT TWALABA'S PROPERTY IS NOT REFUNDABLE OR REDEEMABLE FOR ANY SUM OF MONEY OR MONETARY VALUE FROM FAB AT ANY TIME. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON TWALABA'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN TWALABA'S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. TWALABA'S DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON TWALABA'S SERVERS.
7. Travel Information
Any information on the Service regarding travel destinations is provided solely for informational purposes. You acknowledge and agree that you will check other sources such as announcements, advisories, and warnings issued by governmental authorities, such as those found at www.state.gov before making travel plans.
BY LISTING TRAVEL INFORMATION FOR PARTICULAR INTERNATIONAL DESTINATIONS, TWALABA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH PLACES IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH PLACES.
8. Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States and the UK, where Twalaba's servers are located.
9. Security
Twalaba cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. Third-Party Links
As you may notice, the Twalaba service may contain links to third party products, services and/or websites. We don’t have any control over these third parties, and we are not responsible for their performance. We also don’t endorse them, and are not responsible for their content, advertising, or other materials they may provide to you. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Twalaba’s Privacy Policy do not apply to your use of such sites. You expressly relieve Twalaba from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Twalaba shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
11. Indemnity
You agree to defend, indemnify and hold harmless Twalaba and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS —THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF TWALABA, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, FARES, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE NAMES, FREQUENT FLYER MILE EARNING, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.
USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWALABA OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE FOREGOING, TWALABA, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
TWALABA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TWALABA SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND TWALABA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWALABA WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
GIVEN THAT THE TWALABA SERVICE IS PROVIDED TO YOU FOR FREE, YOU AGREE THAT TWALABA IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL TWALABA—OR ITS LICENSORS OR SUPPLIERS—BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE TWALABA SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (i) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF TWALABA OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (iii) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (iv) ANY AMOUNTS PAID BY YOU TO ANY OF TWALABA'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TWALABA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TWALABA BE RESPONSIBLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TWALABA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO TWALABA HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TWALABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE TWALABA SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE TWALABA SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE TWALABA SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF YOUR FLIGHT IS DELAYED OR CANCELED.)
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in France. Twalaba makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable French and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by France, or are a foreign person or entity blocked or denied by the French government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in France.
14. Modifications to the Twalaba Service
We’re still working on the Twalaba service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Twalaba service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Twalaba service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Twalaba service.
15. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twalaba without restriction.
16. General
A Governing Law & Jurisdiction. You and Twalaba hereby consent to the exclusive jurisdiction of the courts sitting in Versailles, France to enforce the provisions of this License Agreement and to resolve any disputes and claims cognizable in court relating in any way, or arising out of, this Agreement or Services or your use of the Services. This Agreement and all disputes and claims relating in any way to, or arising out of, this Agreement, the Services or your use of the Services shall be governed by the laws of France.
B Notification Procedures. Twalaba may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Twalaba in our sole discretion. Twalaba reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Twalaba is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add info@twalaba.com to your email address book to help ensure you receive email notifications from us.
C Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Twalaba in connection with the Service, shall constitute the entire agreement between you and Twalaba concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
E No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Twalaba's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us with any questions regarding this Agreement.
