Terms and Conditions

Please play nicely

TweetingMachine by Thomas Buck is a web application designed to help you to get the most out of Twitter. It is most importantly a set of tools to make your Twitter interactions better, faster, and easier. Like most tools, it is up to you to determine how you can best use the tool to perform your particular task.

Thomas Buck assumes no liability for any inappropriate usage while using the website or services provided by tweetingmachine.com. It is the user's responsibility to follow Twitter's guidelines and not use this tool for spamming, mass following, or any other usage that would negatively impact others' rights.

You are responsible for your use of the services, for any content you post to Twitter or TweetingMachine, and for any consequences thereof. By using the services of TweetingMachine, you are also agreeing to abide by the Twitter Terms of Services posted at https://twitter.com/tos and follow Twitter's rules posted at http://help.twitter.com/forums/26257/entries/18311

Thomas Buck assumes no liability for the health and status of your Twitter account. If your account is banned or blacklisted by Twitter due to spamming or any other reason, you alone accept responsibility. Likewise we reserve the right to ban or suspend any user from using the services of TweetingMachine if we deem necessary.

Just follow the golden rule, tweet good stuff, and respect others and you'll be fine.

Additional Terms and Conditions

tweetingmachine.com is owned by Thomas Buck. Use of this web-site includes the terms & conditions of Thomas Buck, as well as the following. Both together and separately these terms & conditions are binding upon the users of this web-site by their use of this web-site.

Copyright

The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of tweetingmachine.com. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

User Generated Content

tweetingmachine.com does not, and you agree that tweetingmachine.com has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages, blogs, photos, or other forums on this website) (collectively, "User Generated Content"), that tweetingmachine.com is not in any manner responsible for User Generated Content, that does not guarantee the accuracy, integrity or quality of User Generated Content, and that Thomas Buck cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, Thomas Buck is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website.

Indemnification

You agree to indemnify, defend, and hold harmless tweetingmachine.com, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THOMAS BUCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THOMAS BUCK DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THOMAS BUCK DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THOMAS BUCK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THOMAS BUCK FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

THOMAS BUCK SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF THOMAS BUCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, THOMAS BUCK IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, tweetingmachine.com and Thomas Buck's LIABILITY SHALL IN NO EVENT EXCEED US$5.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term; Termination

These terms and conditions are applicable to you upon your accessing the website. THOMAS BUCK reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by THOMAS BUCK without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.