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if you do not agree to our terms , as amended , you must stop using our services .
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please review our terms from time to time .
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we may suspend , or terminate your access to or use of our services anytime for any reason , such as if you violate the letter or spirit of our terms and polices , or create harm , risk , or possible legal exposure for us , our users , or others .
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the following provisions will survive any termination of your relationship with masquerade : `` licenses , '' `` disclaimers , '' `` limitation of liability , '' `` indemnification , '' `` termination and survival , '' `` assignability , '' `` other terms , '' `` dispute resolution , '' and `` special arbitration provision for the united states or canada users . ''
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you will not transfer any of your rights or obligations under our terms to anyone else without our prior written consent .
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all of our rights and obligations under our terms are freely assignable by us to any of our affiliates or in connection with a merger , acquisition , restructuring , or sale of assets , or by operation of law or otherwise , and we may transfer your information to any of our affiliates , successor entities , or new owner .
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our services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country .
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we reserve the right to limit our services in any country .
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you will comply with all applicable u.s. and non-u.s. export control and trade sanctions laws -lrb- `` export laws '' -rrb- .
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you will not , directly or indirectly , export , re-export , provide , or otherwise transfer our services : -lrb- a -rrb- to any individual , entity , or country prohibited by export laws ; -lrb- b -rrb- to anyone on u.s. or non-u.s. government restricted parties lists ; or -lrb- c -rrb- for any purpose prohibited by export laws , including nuclear , chemical , or biological weapons , or missile technology applications without the required government authorizations .
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you will not use or download our services if you are located in a restricted country , if you are currently listed on any u.s. or non-u.s. restricted parties list , or for any purpose prohibited by export laws , and you will not disguise your location through ip proxying or other methods .
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our terms are written in english -lrb- u.s. -rrb- .
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any translated version is provided solely for your convenience .
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to the extent any translated version of our terms conflicts with the english version , the english version controls .
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the terms `` includes '' , `` including '' , `` e.g. '' , `` for example '' , `` for instance '' , `` such as '' and other similar terms are deemed to include the term `` without limitation '' immediately thereafter and are not intended to limit .
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any amendment to or waiver of our terms requires our express consent .
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if we fail to enforce any of our terms , it will not be considered a waiver .
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nothing in our terms will prevent us from complying with the law .
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except as contemplated herein , our terms do not give any third-party beneficiary rights .
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if any provision of these terms is deemed unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from our terms and shall not affect the validity and enforceability of the remaining provisions , except as set forth in the `` special arbitration provision for united states or canada users '' -- `` severability '' section below .
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we reserve all rights not expressly granted by us to you .
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in certain jurisdictions , you may have legal rights as a consumer , and our terms are not intended to limit such consumer legal rights that may not be waived by contract .
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we always appreciate your feedback or other suggestions about masquerade and our services , but you understand that we may use your feedback or suggestions without any obligation to compensate you for them -lrb- just as you have no obligation to offer them -rrb- .
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if you are a masquerade user located in the united states or canada , the `` special arbitration provision for the united states or canada users '' section below applies to you .
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read that section carefully and completely .
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if you are not subject to that provision , you agree that you will resolve any claim you have with us relating to , arising out of , or in any way in connection with our terms and policies , us , or our services -lrb- each , a `` dispute '' and together , `` disputes '' -rrb- exclusively in the united states district court for the northern district of california or a state court located in santa clara county in california , and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes .
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the law of the state of california govern our terms and policies , as well as any disputes , whether in court or arbitration , which might arise between masquerade and you , without regard to conflict of law provisions .
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special arbitration provision for the united states or canada users
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please read this section carefully because it contains additional provisions applicable only to our united states and canada users .
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if you are a masquerade user located in the united states or canada , it requires you to submit to binding individual arbitration of all disputes , except for those that involve excluded disputes and except those that can be brought in small claims court .
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this means you are waiving your right to have such disputes resolved in court by a judge or jury .
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this section also limits the time you have to start an arbitration or , if permissible , a court action .
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finally , this section waives your right to have your dispute heard and resolved as a class action , class arbitration , or a representative action .
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`` excluded dispute '' means any dispute relating to the enforcement or infringement of your or our intellectual property rights -lrb- such as copyrights , trademarks , domains , logos , trade dress , trade secrets , and patents -rrb- .
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for clarity and notwithstanding the foregoing , those disputes relating to , arising out of , or in any way in connection with your rights of privacy and publicity are not excluded disputes .
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the united states federal arbitration act governs the interpretation and enforcement of this `` special arbitration provision for united states or canada users '' section , including any question of whether a dispute between masquerade and you is subject to arbitration .
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agreement to arbitrate for masquerade users located in the united states or canada .
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for masquerade users located in the united states or canada , masquerade and you each agree to waive the right to a trial by judge or jury for all disputes , except for the excluded disputes .
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masquerade and you agree that all disputes -lrb- except for the excluded disputes -rrb- , including those relating to , arising out of , or in any way in connection with your rights of privacy and publicity , will be resolved through final and binding arbitration .
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masquerade and you agree not to combine a dispute that is subject to arbitration under our terms with a dispute that is not eligible for arbitration under our terms.the arbitration will be administered by the american arbitration association -lrb- aaa -rrb- under its commercial arbitration rules in effect at the time the arbitration is started , including the optional rules for emergency measures of protection and the supplementary procedures for consumer-related disputes -lrb- together , the `` aaa rules '' -rrb- .
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the arbitration will be presided over by a single arbitrator selected in accordance with the aaa rules .
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the aaa rules , information regarding initiating a dispute , and a description of the arbitration process are available at www.adr.org .
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the arbitrator will decide whether a dispute can be arbitrated .
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the location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the aaa rules .
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notwithstanding the aaa rules , we will reimburse you for all the aaa administrative fees in disputes that are subject to the supplementary procedures for consumer-related disputes , unless the arbitrator determines that a dispute was filed for purposes of harassment or is patently frivolous .
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you may opt out of this agreement to arbitrate .
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if you do so , neither we nor you can require the other party to participate in an arbitration proceeding .
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to opt out , you must notify us in writing postmarked within 30 days of the later of : -lrb- i -rrb- the date that you first accepted our terms ; and -lrb- ii -rrb- the date you became subject to this arbitration provision .
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you must use this address to opt-out :
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as an alternative to arbitration , if permitted by your local `` small claims '' court 's rules , you may bring your dispute in your local `` small claims '' court , as long as the matter advances on an individual -lrb- non-class -rrb- basis .
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we and you agree that for any dispute -lrb- except for excluded disputes -rrb- we and you must commence an arbitration proceeding within one year after the dispute first arose ; otherwise such dispute is permanently barred .
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this means that if we or you do not commence an arbitration within one year after the dispute first arose , then the arbitration will be dismissed because it was started too late .
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no class actions , class arbitrations , or representative actions for users located in the united states or canada .
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we and you each agree that if you are a masquerade user located in the united states or canada , each of we and you may bring disputes against the other only on its or your own behalf , and not on behalf of any other person or entity , or any class of people .
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we and you each agree not to participate in a class action , a class-wide arbitration , disputes brought in a private attorney general or representative capacity , or consolidated disputes involving any other person or entity in connection with any dispute .
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if the prohibition against class actions and other disputes brought on behalf of third parties is found to be unenforceable for a dispute , then all of the provisions above under the caption `` special arbitration provision for united states or canada users '' will be null and void as to that dispute .
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place to file permitted court actions .
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if you opt out of the agreement to arbitrate , if your dispute is an excluded dispute , or if the arbitration agreement is found to be unenforceable , you agree to be subject to the `` forum and venue '' provision in the `` dispute resolution '' section set forth above .
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if you have any questions or concerns regarding these terms , please contact us online at [email protected] , or by mail at :
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-lrb- if you live outside of the us -rrb-
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these terms of service -lrb- `` terms '' -rrb- govern your access to and use of our services , including our various websites , sms , apis , email notifications , applications , buttons , widgets , ads , commerce services , and our other covered services -lrb- https://support.twitter.com/articles/20172501 -rrb- that link to these terms -lrb- collectively , the `` services '' -rrb- , and any information , text , links , graphics , photos , videos , or other materials or arrangements of materials uploaded , downloaded or appearing on the services -lrb- collectively referred to as `` content '' -rrb- .
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by using the services you agree to be bound by these terms .
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you may use the services only if you agree to form a binding contract with twitter and are not a person barred from receiving services under the laws of the applicable jurisdiction .
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if you are accepting these terms and using the services on behalf of a company , organization , government , or other legal entity , you represent and warrant that you are authorized to do so .
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our privacy policy -lrb- https://www.twitter.com/privacy -rrb- describes how we handle the information you provide to us when you use our services .
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you understand that through your use of the services you consent to the collection and use -lrb- as set forth in the privacy policy -rrb- of this information , including the transfer of this information to the united states , ireland , and/or other countries for storage , processing and use by twitter and its affiliates .
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you are responsible for your use of the services and for any content you provide , including compliance with applicable laws , rules , and regulations .
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you should only provide content that you are comfortable sharing with others .
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any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk .
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we do not endorse , support , represent or guarantee the completeness , truthfulness , accuracy , or reliability of any content or communications posted via the services or endorse any opinions expressed via the services .
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you understand that by using the services , you may be exposed to content that might be offensive , harmful , inaccurate or otherwise inappropriate , or in some cases , postings that have been mislabeled or are otherwise deceptive .
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all content is the sole responsibility of the person who originated such content .
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we may not monitor or control the content posted via the services and , we can not take responsibility for such content .
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twitter respects the intellectual property rights of others and expects users of the services to do the same .
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we reserve the right to remove content alleged to be infringing without prior notice , at our sole discretion , and without liability to you .
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we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us , as described in our copyright policy -lrb- https://support.twitter.com/articles/15795 -rrb- .
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if you believe that your content has been copied in a way that constitutes copyright infringement , please report this by visiting our copyright reporting form -lrb- https://support.twitter.com/forms/dmca -rrb- or contacting our designated copyright agent at :
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1355 market street , suite 900
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you retain your rights to any content you submit , post or display on or through the services .
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what 's yours is yours -- you own your content -lrb- and your photos and videos are part of the content -rrb- .
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by submitting , posting or displaying content on or through the services , you grant us a worldwide , non-exclusive , royalty-free license -lrb- with the right to sublicense -rrb- to use , copy , reproduce , process , adapt , modify , publish , transmit , display and distribute such content in any and all media or distribution methods -lrb- now known or later developed -rrb- .
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this license authorizes us to make your content available to the rest of the world and to let others do the same .
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you agree that this license includes the right for twitter to provide , promote , and improve the services and to make content submitted to or through the services available to other companies , organizations or individuals for the syndication , broadcast , distribution , promotion or publication of such content on other media and services , subject to our terms and conditions for such content use .
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such additional uses by twitter , or other companies , organizations or individuals , may be made with no compensation paid to you with respect to the content that you submit , post , transmit or otherwise make available through the services .
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twitter has an evolving set of rules for how ecosystem partners can interact with your content on the services .
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these rules exist to enable an open ecosystem with your rights in mind .
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you understand that we may modify or adapt your content as it is distributed , syndicated , published , or broadcast by us and our partners and/or make changes to your content in order to adapt the content to different media .
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you represent and warrant that you have all the rights , power and authority necessary to grant the rights granted herein to any content that you submit .
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please review the twitter rules , which are part of the user agreement and outline what is prohibited on the services .
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you may use the services only in compliance with these terms and all applicable laws , rules and regulations .
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as such , the services may change from time to time , at our discretion .
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we may stop -lrb- permanently or temporarily -rrb- providing the services or any features within the services to you or to users generally .
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we also retain the right to create limits on use and storage at our sole discretion at any time .
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we may also remove or refuse to distribute any content on the services , suspend or terminate users , and reclaim usernames without liability to you .
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as such , the services may change from time to time , at our discretion .
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we may stop -lrb- permanently or temporarily -rrb- providing the services or any features within the services to you or to users generally .
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we also retain the right to create limits on use and storage at our sole discretion at any time .
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we may also remove or refuse to distribute any content on the services , suspend or terminate users , and reclaim usernames without liability to you .
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if you use developer features of the services , including but not limited to twitter for websites -lrb- https://dev.twitter.com/web/overview -rrb- , twitter cards -lrb- https://dev.twitter.com/cards/overview -rrb- , public api -lrb- https://dev.twitter.com/streaming/public -rrb- , or sign in with twitter -lrb- https://dev.twitter.com/web/sign-in -rrb- , you agree to our developer agreement -lrb- https://dev.twitter.com/overview/terms/agreement -rrb- and developer policy -lrb- https://dev.twitter.com/overview/terms/policy -rrb- .
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if you want to reproduce , modify , create derivative works , distribute , sell , transfer , publicly display , publicly perform , transmit , or otherwise use the services or content on the services , you must use the interfaces and instructions we provide , except as permitted through the twitter services , these terms , or the terms provided on dev.twitter.com .
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