Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. Twit Solutions may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Twit Solutions service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
- Description of Service. BoozeCounter is a free, personal monitoring application (the "Service") from Twit Solutions Pty Ltd ("Twit Solutions"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. Twit Solutions disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. Twit Solutions also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
- Personal Use. The Service is made available to you for your personal use only. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. Twit Solutions reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Twit Solutions; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Twit Solutions reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
- Content of the Service. Twit Solutions takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Twit Solutions have any obligation to monitor such third party content. Twit Solutions reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Twit Solutions also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Twit Solutions, its users and the public. Twit Solutions will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
- Intellectual Property Rights. Twit Solutions's Intellectual Property Rights. You acknowledge that Twit Solutions owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "Twit Solutions Rights"), and such Twit Solutions Rights are protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The Twit Solutions Rights include rights to (i) the Service developed and provided by Twit Solutions; and (ii) all software associated with the Service.
- Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Twit Solutions to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
- Account Inactivity. After a period of inactivity, whereby a user fails to login to an account for a period of six months, Twit Solutions reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
- Termination; Cancellation. Twit Solutions may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Twit Solutions has previously canceled or terminated your use of the Services (in which case subsequent notice by Twit Solutions shall not be required), Twit Solutions will notify you via email of any such termination or cancellation, which shall be effective immediately upon Twit Solutions's delivery of such notice. Sections 3, 4, 5, 7, and 9 - 11 of the Agreement shall survive expiration or termination.
- Indemnification. You agree to hold harmless and indemnify Twit Solutions, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Twit Solutions will provide you with written notice of such claim, suit or action.