Terms of Use
Last revised December 28, 2009
TwitIQ Terms of Use

Welcome to TwitIQ.com, a web service for monitoring, updating, and sharing your Twitter streams. TwitIQ.com is an online service ("TwitIQ" or the "Service") that provides a web interface to the services offered by the Twitter Web Service APIs ("Twitter" or "Twitter APIs"). TwitIQ.com is a service offered by HanPerson.com and is not affiliated with Twitter, Inc.

This page sets forth the terms on which you may use TwitIQ.com (the "Terms of Use" or "Terms"). TwitIQ reserves the right to amend these Terms at any time and without notice. If we do so, we will post an updated version here.

You accept this Terms of Use and TwitIQ.com's Privacy Policy by accessing or using TwitIQ.com's services, and your continued use of TwitIQ.com signifies your continued acceptance of any revised Terms of Use. If you do not agree to these Terms of Use, you may not use or access TwitIQ.com.

  1. User Login
    (a) To access TwitIQ, you will be redirected to Twitter.com and you will use your Twitter Username and Password to login to Twitter.com. Twitter will then redirect you back to TwitIQ.com with an authentication token that does not contain your Twitter Password.
    (b) Your Twitter Password never passes through TwitIQ.com's servers. However, you agree to protect your Twitter Password, and that you are solely responsible and liable for any actions taken with your Twitter Username and Password. If you suspect someone has taken your Password, you are responsible for contacting Twitter immediately to change it.
  2. License for Acceptable Use of Service
    (a) TwitIQ.com hereby grants you the right to access and use the Service only for the purposes of interacting with Twitter's Web Service API's. TwitIQ.com reserves the rights to suspend or deny, in its sole discretion, your access to all or any portion of the Service for any violation of these Terms of Use. Any rights not expressly granted to you here, including the intellectual property rights associated with the Service, are reserved by TwitIQ.com.
    (b) You agree not to stalk or harass anyone on TwitIQ.com, or to engage in activities that violate Twitter's Terms of Use.
    (c) You agree not to use TwitIQ.com to collect personal data about others for commercial use or unlawful purposes.
  3. User Content
    (a) TwitIQ.com allows you to post, transmit, or upload (collectively, "post") content that is submitted to the Twitter Web Service APIs on your behalf. You must own or have license to use any Content that you post on TwitIQ.com. You agree not to post Content that violates anyone else's rights of any kind, including intellectual property, privacy, contractual, or any other proprietary rights of anyone else.
    (b) You own any Content that you enter or post on TwitIQ.com. By posting Content, you grant to TwitIQ.com an irrevocable, sublicensable, transferable, worldwide, non-exclusive, royalty-free license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform that Content. You also consent to allow other TwitIQ.com users to post or forward any such content to others who may or may not be users of TwitIQ.com.
    (c) Though TwitIQ.com is under no obligation to monitor Content, TwitIQ.com reserves the right to pre-screen, review, filter, refuse or remove any Content that is offensive or objectionable, in TwitIQ.com's sole judgment, or that violates these Terms. You understand that by using TwitIQ.com you may be exposed to content that you may find offensive or objectionable and that you use TwitIQ.com at your own risk.
    (d) TwitIQ.com is not responsible and disclaims all liability for the truth, correctness, or completeness of any TwitIQ.com Content. TwitIQ.com does not endorse any of the Content on the Service. TwitIQ.com is not responsible for verifying the professional qualifications or claimed expertise of anyone who contributes Content to TwitIQ.com.
    (e) TwitIQ.com is not responsible for the maintenance or deletion of any Content that you use or post.
  4. Ability to Accept Agreement
    If you are under 13 years old you may not use TwitIQ.com. If you are at least 13 but younger than 18, you may not use TwitIQ.com without your parents' permission. By using TwitIQ.com, you affirm that you are either are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, and obligations set forth in this Terms of Use.
  5. Indemnity
    You agree to indemnify and hold TwitIQ.com and its affiliates harmless from any claim or demand, including reasonable attorneys fees, arising out of your use of TwitIQ.com (including posting of Content), your violation of these Terms, or your violation of any third party's rights including intellectual property, proprietary, contractual, or privacy rights.
  6. Disclaimer Of Warranties
    EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TwitIQ.COM HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; AVAILABILITY OF THE SERVICE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
  7. Assumption Of Risks
    Your interactions with other users are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TwitIQ.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of TwitIQ.com, or between users and any third party, you understand and agree that TwitIQ.com is under no obligation to become involved and is not subject to any liability.
  8. Liability Limitation
    TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER TwitIQ.COM, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY) OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF TwitIQ.COM, OR TO ANY BREACH OF THESE TERMS, EVEN IF TwitIQ.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY. TwitIQ.COM, ITS LICENSORS, AND AFFILIATE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED, NOT TO EXCEED $500.00. TwitIQ.COM, ITS LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE ON WHICH THE LIABILITY AROSE.
  9. Advertisers and Third Party Links
    TwitIQ.com may contain links to third party websites, including those of advertisers, registered TwitIQ.com and Twitter users, and others, that are not under the control of TwitIQ.com. TwitIQ.com is not responsible for any content on any linked website. If you access a third party website from TwitIQ.com, you do so at your own risk, and you understand that these Terms do not apply to your use of such sites. TwitIQ.com provides links only as a convenience and the inclusion of the link does not imply that TwitIQ.com endorses or accepts any responsibility for the content on those third party websites. Additionally, your dealings with or participation in promotions of advertisers found on TwitIQ.com, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that TwitIQ.com shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  10. International Usage
    TwitIQ.com is controlled and operated by HanPerson.com from its offices within the United States of America. TwitIQ.com makes no representation that it is appropriate or available in locations outside of the United States of America. Those who choose to access TwitIQ.com from other locations do so at their own risk and are responsible for compliance with applicable laws.
  11. Modifications
    TwitIQ.com reserves the right at any time to modify, suspend or discontinue its services. You agree that TwitIQ.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance.
  12. Assignment
    These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by TwitIQ.com without restriction, including without limitation, in the event that TwitIQ.com, forms a partnership with, is merged with, is acquired by another company or goes into bankruptcy.
  13. Term and Termination
    Your permission to access TwitIQ.com will immediately terminate if you violate any of these Terms. You agree that TwitIQ.com, in its sole discretion and with or without notice, may terminate your access to any or all of the Site. Paragraphs 1, 3-15 shall survive termination of your agreement to these Terms of Use.
  14. Severability
    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  15. General
    These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Service shall be litigated or otherwise heard in the appropriate forum in Santa Clara County, California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara, California. TwitIQ.com reserves the right to terminate these Terms between TwitIQ.com and you for any reason or no reason. TwitIQ.com's failure to act with respect to a breach by you or others does not waive TwitIQ.com's right to act with respect to subsequent or similar breaches.