Terms and Conditions:
You may start using the service as soon as you have finished the sign-up process. No withdrawal right or other "cooling off" period
applies to the service and you waive any applicable "cooling off" period, except if the law requires a "cooling off" period despite your
waiver and even when a service starts right away.
You agree that in using the service, you will:
obey the law;
obey any codes of conduct or other notices we provide;
keep your service account password secret; and
promptly notify us if you learn of a security breach related to the service.
In using the service, you may not:
engage in, facilitate or further unlawful conduct;
use the service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, or any customer of ours or
our advertisers, affiliates, resellers, distributors and/or vendors;
use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
use any unauthorized third party software or service to access the TweetMagicLeads service
use any automated process or service to access and/or use the service other than that provided by TweetMagicLeads
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and
enjoyment of the service; or
resell or redistribute the service, or any part of the service.
Only you may use your service account. You are responsible for all activity that takes place with your service account. You may not
authorize any third party to access and/or use the service on your behalf except where TweetMagicLeads provides a mechanism for third
parties to access the service on your behalf.
When you create a billing account via PayPal to subscribe to the Service, you enter your payment method. You must be authorized to use
the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for
which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur (a) in
advance; (b) at the time for purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. We may charge
you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least
10 days before we make the charge. Also, we may charge you up to the amount you have approved, and we will notify you in advance of the
difference for recurring subscription services. We may bill you for more than one of your prior billing periods together. Due to the
nature of the subscription service, we may automatically renew your service and charge you for any renewal term.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit
card. You can access your billing account at directly at PayPal. If you tell us or PayPal to stop using your payment method, we may
cancel your service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your
request.
The price for the service excludes all charges you may incur in the use of the service such as internet & phone usage or SMS charges.
Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from
time to time, but we will tell you before we do.
If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer
period ends, your use of the service will be charged at the new price.
If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your
service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end
of the period in which you cancelled.
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any
returns will be at your expense.
If the service does not include Internet access, then you are responsible for paying the fees charged by your Internet access provider.
Those fees are in addition to the fees you pay us for the service. The rest of this section applies only if your service includes
Internet access.
If you use a dial-up modem, you are responsible for determining if the numbers you select will incur toll charges. If you incur any extra
charges, then you must pay them. We will not reimburse you for them.
You also will pay any additional charges you incur if you connect to the service through a service telephone number while you are in a
country that is not the country associated with your service account ("roaming charges"). Roaming charges are in addition to any long
distance telephone charges you may incur when connecting to the service from another country. Please check the service information area
to view the current rates for roaming charges. You may also incur additional charges if your usage of the service exceeds the number of
hours covered by your service plan.
You may be able to submit content for use in connection with the service. You understand that TweetMagicLeads does not control or endorse
the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of
the content you post or provide on the service.
The service includes public areas available to the general public, shared areas available to others you have selected and personal areas
where you have not granted access to others. If you share content with others on the service, in either public or shared areas, then you
understand and agree that others with whom you have shared content may use that content. You grant to those members of the public to whom
you have permitted access free, nonexclusive permission to use, copy, distribute and display the content solely in connection with the
service and other TweetMagicLeads products and services. If you do not want others to have those rights, please do not share your content
with them.
You understand that TweetMagicLeads may need and you hereby authorize TweetMagicLeads to use, modify, copy, distribute and display
content posted on the service to the extent necessary to provide the service. This includes:
storing and retrieving the content;
conforming to connecting networks' technical requirements; and
conforming to the limitations and terms of the service.
You understand that sharing content that violates others' copyrights and other intellectual property rights violates this contract. You
represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the
content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content
from the service at any time.
In order to operate and provide the service, we collect certain information about you. We use and protect that information as described
in the TweetMagicLeads Online Privacy Statement. In particular, we may access or disclose information about you, including the content of
your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or
property of TweetMagicLeads or our customers, including the enforcement of our agreements or policies governing your use of the service;
or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of TweetMagicLeads
employees, customers or the public.
Personal information collected through the service may be stored and processed in the United States or any other country in which
TweetMagicLeads or its affiliates, subsidiaries or agents maintain facilities. By using the service, you consent to any such transfer of
information outside of your country.
If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to
you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant
you the right to use the software only for the authorized use of the service on that number of computers or mobile phones stated in our
tems of use. We reserve all other rights to the software.
We may automatically check your version of the software.
Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall
the software. We may disable the software after the date the service ends.
You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law
expressly permits this activity.
The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
Paid Subscriptions. The "Subscription Term" for paid subscriptions begins on the date that you activate the software and ends when your
subscription ends. A renewal of your subscription must occur to continue receiving subscription services. Renewals may require additional
or different license terms.
Technical support will primarily be provided via e-mail, by sending your request to: tech@tweetmagicleads.com. If your query is not
resolved, we may opt to contact you by other means.
You can recover from the TweetMagicLeads parties only direct damages up to an amount equal to your service fee for one month. You cannot
recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to anything related to:
the service,
content (including code) on third party Internet sites, third party programs or third party conduct,
viruses or other disabling features that affect your access to or use of the service,
incompatibility between the service and other services, software and hardware,
delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service
in an accurate or timely manner, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or any other damage, injury or wrongful act.
It also applies even if:
this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
TweetMagicLeads knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may
not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of
incidental, consequential or other damages.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our
cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops
right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our
cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in
its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the
portion of your service remaining right before the cancellation.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the
date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your
successors. It also applies to us and our successors and assigns.
You may notify us as stated in the customer support or by sending us an e-mail to tech@tweetmagicleads.com.
Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the service and have the right
to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We
may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.
We may provide required information to you
by e-mail at the e-mail address you specified when you signed up for your service.