Terms of Use

  1. ACCEPTANCE OF TERMS

    SMBTweet provides a collection of online resources, including content creation and various messaging services, (referred to hereafter as "the Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular SMBTweet services, you agree to abide by any applicable posted guidelines for all SMBTweet services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with SMBTweet in any way, your only recourse is to immediately discontinue use of SMBTweet.

  2. MODIFICATIONS TO THIS AGREEMENT

    We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the latest version of this document at:
    http://www.smbtweet.com/terms.

  3. CONTENT

    You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the member from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that SMBTweet does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the SMBTweet sites and Content available through the Service may contain links to other websites, which are completely independent of SMBTweet. SMBTweet makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will SMBTweet or any of its members who did not originate the Content be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that SMBTweet does not pre-screen or approve Content, but that SMBTweet shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

  4. THIRD PARTY CONTENT, SITES, AND SERVICES

    The SMBTweet site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SMBTweet, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. 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 SMBTweet 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 participants on this site, or between users and any third party, you understand and agree that SMBTweet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SMBTweet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

  5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

    If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify SMBTweet's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at abuse@smbtweet.com or: SMBTweet Attn: Copyright Agent 2190 Como Ave, Saint Paul MN 55108 Please provide our Agent with the following Notice:

    Identify the material on the SMBTweet site that you claim is infringing, with enough detail so that we may locate it on the website;

    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

    Your address, telephone number, and email address; and

    Your physical or electronic signature.

    SMBTweet will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

  6. PRIVACY AND INFORMATION DISCLOSURE

    SMBTweet has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address http://www.smbtweet.com/privacy. Your use of the SMBTweet website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that SMBTweet may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of SMBTweet, its users or the general public.

  7. CONDUCT

    You agree not to post, email, or otherwise make available Content:

    that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

    that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;

    that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);

    that impersonates any person or entity, including, but not limited to, a SMBTweet employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to messages that are lawful non-deceptive parodies of public figures.);

    that includes personal or identifying information about another person without that person's explicit consent;

    that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";

    that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

    that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

    that constitutes or contains any form of advertising or solicitation if: posted in areas of the SMBTweet sites which are not designated for such purposes; or emailed to SMBTweet users who have not indicated in writing that it is OK to contact them about other services, products or commercial interests.

    that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Minnesota law.

    Partial list of items the sale of which is not permitted on SMBTweet:

    Obscene material or child pornography.

    Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.

    Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.

    Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.

    Alcohol or tobacco products.

    Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.

    Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.

    Blood, bodily fluids or body parts.

    Animals and animal parts, including the retail sales of cats and dogs.

    Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.

    Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.

    Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers

    Stolen property or personal property with the serial number removed or altered.

    Burglary tools, such as lock-picks or motor vehicle master keys

    False identification cards, items with police insignia, citizenship documents, or birth certificates.

    Counterfeit currency, coins and stamps, as well as equipment designed to make them.

    Counterfeit or knock-off brand name goods.

    Material that infringes copyright, such as bootlegs (without consent of the band), etc.

    Airline tickets that restrict transfer.

    Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.

    Used or rebuilt batteries, or batteries containing mercury.

    Used bedding and clothing, unless sanitized in accordance with law.

    Non-packaged food items or adulterated food.

    Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

    that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or

    that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

    Additionally, you agree not to:

    contact anyone who has asked not to be contacted;

    "stalk" or otherwise harass anyone;

    collect personal data about other users for commercial or unlawful purposes;

    use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by SMBTweet;

    post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

    attempt to gain unauthorized access to SMBTweet' computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the SMBTweet website; or

    use any form of automated device or computer program that enables the submission of postings on SMBTweet without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

  8. NO SPAM POLICY

    You understand and agree that sending unsolicited email advertisements to SMBTweet email addresses or through SMBTweet computer systems, which is expressly prohibited by these Terms, may use or cause to be used servers located in California. Any unauthorized use of SMBTweet computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. - 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

  9. LIMITATIONS ON SERVICE

    You acknowledge that SMBTweet may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that SMBTweet has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that SMBTweet reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SMBTweet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  10. ACCESS TO THE SERVICE

    SMBTweet grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by SMBTweet. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. SMBTweet permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by SMBTweet to do so. You may also create a hyperlink to the home page of SMBTweet sites so long as the link does not portray SMBTweet, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by SMBTweet immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from SMBTweet.

  11. TERMINATION OF SERVICE

    You agree that SMBTweet, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if SMBTweet believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that SMBTweet shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of these Terms.

  12. PROPRIETARY RIGHTS

    The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of SMBTweet. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of SMBTweet, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Although SMBTweet does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SMBTweet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant SMBTweet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

  13. DISCLAIMER OF WARRANTIES

    YOU AGREE THAT USE OF THE SMBTWEET SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SMBTWEET SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SMBTWEET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SMBTWEET SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMBTWEET DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SMBTWEET SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SMBTWEET SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMBTWEET DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SMBTWEET SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

  14. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES SHALL SMBTWEET BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SMBTWEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SMBTWEET SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SMBTWEET SITE OR THE SERVICE, FROM INABILITY TO USE THE SMBTWEET SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SMBTWEET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SMBTWEET SITE OR THE SERVICE OR ANY LINKS ON THE SMBTWEET SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SMBTWEET SITE OR THE SERVICE OR ANY LINKS ON THE SMBTWEET SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

  15. INDEMNITY

    You agree to indemnify and hold SMBTweet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

  16. GENERAL INFORMATION

    The Terms constitute the entire agreement between you and SMBTweet and govern your use of the Service, superseding any prior agreements between you and SMBTweet. The Terms and the relationship between you and SMBTweet shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and SMBTweet agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Minneapolis, Minnesota. The failure of SMBTweet to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  17. FEES AND SERVICES

    When you use a service that has a fee you have an opportunity to review and accept the fee that you will be charged, which we may change from time to time. Changes to the fees are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and suspend your account.

  18. REFUND POLICY

    SMBTweet offers great value by combining inexpensive online fees with a variety of ways to get your account and associated content exposed to potential followers and customers. SMBTweet adheres to the following policy with respect to requests for refunds of fees:

    SMBTweet will not provide any refund, for any reason, if SMBTweet receives the request for refund more than 72 hours after an order has been purchased. If you contact us after 72 hours, we will correct any problems with your Content that you are not able to perform yourself, but cannot offer a refund.

    You mistakenly ordered and paid duplicate fees through SMBTweet and seek to cancel, and obtain a refund on, the duplicate(s) only. We cannot, however, provide a refund on the original purchase.

    If you contact us within 72 hours of ordering a membership, SMBTweet will provide a refund only for the following reason:

    You mistakenly ordered and paid duplicate fees through SMBTweet and seek to cancel, and obtain a refund on, the duplicate(s) only. We cannot, however, provide a refund on the original purchase.

    SMBTweet cannot provide a refund for any other reason, even if you contact us within 72 hours of buying a membership. For example, we cannot provide a refund if you change your mind about the purchase, or its content or enhancements, or if you have made mistakes in submitting information, or if you have not received any inquiries or offers to purchase the content you placed through SMBTweet, or if the content of has already been sold through other means. We also cannot provide a refund if SMBTweet has made mistakes in the content or enhancements of the content created. In any case where SMBTweet has made such mistakes, we will of course make appropriate corrections to the content.

  19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

    Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: abuse@smbtweet.com Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for SMBTweet to pursue legal action to enforce these Terms, you will be liable to pay SMBTweet the following amounts as liquidated damages, which you accept as reasonable estimates of SMBTweet' damages for the specified breaches of these Terms:

    If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay SMBTweet one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.

    If SMBTweet establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay SMBTweet one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access SMBTweet in excess of such limits, whichever is higher.

    If you send unsolicited email advertisements to SMBTweet email addresses or through SMBTweet computer systems, you agree to pay SMBTweet twenty five dollars ($25) for each such email.

    If you post messages in violation of these Terms of Use, other than as described above, you agree to pay SMBTweet one hundred dollars ($100) for each such message. In its sole discretion, SMBTweet may elect to issue a warning before assessing damages.

    If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without SMBTweet's express written permission, you agree to pay SMBTweet three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay SMBTweet's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, SMBTweet retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

  20. FEEDBACK

    We welcome your questions and comments on this document by emailing us at feedback@smbtweet.com.