Terms of Service
Date Modified: May 10th, 2011
By using Twitpic.com, you signify that you have read, understand and agree to be bound by these Terms and conditions.
Twitpic is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 13 are not permitted to use Twitpic.com.
You agree to not use the Service to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
TwitPic reserves the right to remove any image for any reason whatsoever. Specifically, any image uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws, will be immediately deleted and the IP address of the uploaded reported to authorities. Violating these terms may result in termination of your ability to upload further images. We reserve the right to ban any individual uploader or website domain from using our services for any reason.
We cannot be held liable for any damages. All data, photographs, videos, messages, graphics, comments, text, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not Twitpic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through Twitpic. Twitpic does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
Twitpic shall not be liable for any statements or conduct of any third party using the service. By using Twitpic you may be exposed to Content that is indecent, objectionable or offensive.
Twitpic will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content. Twitpic will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on Twitpic. Twitpic assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any User content, communication or personal settings.
You agree to indemnify and hold Twitpic, its officers and employees exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through Twitpic.
Choice of Law and Forum
The Terms of Service and the relationship between you and Twitpic shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and Twitpic agree to submit to the personal and exclusive jurisdiction of the courts located within Dover, Delaware.
Statute of Limitations
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 of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Improper Use of Data
Data mining, "scraping", and/or unauthorized crawling of Twitpic by any means is prohibited unless explicit permission is given. Using any data from Twitpic (including images, data from images and/or users) that is not available through authorized channels is also prohibited unless explicit permission is given. Storing, saving and/or retaining images of any size is also prohibited.
You agree not to access Content through any technology or means other than the photo pages of the Service itself, the Embeddable Thumbnails, or other explicitly authorized means Twitpic may designate.
All content uploaded to Twitpic is copyright the respective owners. The owners retain full rights to distribute their own work without prior consent from Twitpic. It is not acceptable to copy or save another user's content from Twitpic and upload to other sites for redistribution and dissemination.
By uploading content to Twitpic you give Twitpic permission to use or distribute your content on Twitpic.com or affiliated sites.
To publish another Twitpic user’s content for any commercial purpose or for distribution beyond the acceptable Twitter "retweet" which links back to the original user’s content page on Twitpic, whether online, in print publication, television, or any other format, you are required to obtain permission from Twitpic in advance of said usage and attribute credit to Twitpic as the source where you have obtained the content.
You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by Twitpic to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.
You understand and agree, however, that Twitpic may retain, but not display, distribute, or perform, server copies of your media that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable. Deleted images are only accessed in the event of a legal issue.
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Twitpic's designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Copyright Agent
PO Box 2692
Claremore, OK 74018-2692
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dover, Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Twitpic may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Twitpic's sole discretion.
C. Repeat Infringers. Twitpic will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.
United States of America Federal Agencies
Use by U.S.A. federal agencies will follow the amended terms found here.