Legal

TWiST Startup Effect Privacy Policy

Thank you for visiting the TWiST Startup Effect (“TWiST Startup Effect”) job board Internet web site (“Site”) located at the URL www.twiststartupeffect.com. The TWiST Startup Effect is owned and operated by Thoughstream, LLC.  This Privacy Policy details certain policies implemented throughout TWiST Startup Effect governing TWiST Startup Effect’s use of personally identifiable information provided to TWiST Startup Effect via this Site or otherwise.

Privacy Policy Updates

Due to the Internet’s rapidly evolving nature, TWiST Startup Effect may need to update this Privacy Policy from time to time. If so, TWiST Startup Effect will post its updated Privacy Policy on our Site located at www.twiststartupeffect.com/legal and may send you an email so you are always aware of what personally identifiable information we may collect and how we may use this information. TWiST Startup Effect encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site will be subject to the then-current Privacy Policy.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, to use certain services, we may require you to create an account, or we may invite you to submit questions or comments or request information, subscribe to a newsletter, participate in surveys, questionnaires or contests, or message boards. Due to the nature of some of these activities, we may ask that you complete and submit an online form with personally identifiable information such as your name, username, email address, zip code and contact information. If you have created an account, you may opt to provide additional personally identifiable information in your profile such as your age, gender and employment information. Providing any additional personally identifiable information beyond what is required to create an account is optional. We may use your personally identifiable information to deliver certain services, products or information you have requested, verify your authority to enter certain password protected areas of the Site, send you notices for services that you have used or that may be of interest to you, and improve the content and general administration of the Site. We may receive your personally identifiable information from our partners that provide us with third-party services so that we can customize and improve the services that we may provide to you. Additionally, if you have elected to reveal your email address to other registered members, they will have access to and be able to use your email address.

Children’s Privacy

TWiST Startup Effect is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. TWiST Startup Effect’s services and Site are not intended for and may not be used by children under the age of 13. TWiST Startup Effect does not knowingly collect personally identifiable information from children under the age of 13 and TWiST Startup Effect does not target its services or this Site to children under 13.

Cookies

We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies generally do not permit us to personally identify you. Some advertisements that appear on this Site are delivered to you by our advertising partners. Our advertising partners may download cookies to your computer. Doing this allows the advertising network to recognize your computer each time they send you an advertisement. In this way, they may compile information about where you, or others who are using your computer, saw their advertisements and determine which advertisements are clicked. This information allows an advertising network to deliver targeted advertisements that they believe will be of most interest to you. We do not have access to or control of the cookies that may be placed by the third party advertisers.

Aggregate Information

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, IP addresses, External Web Sites (defined below) linked to, search terms and the domain names of our users’ Internet Service Providers, and we may analyze these data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We also may collect aggregate labor statistics from public records. Such aggregate information is not linked to any personal information that can identify any individual person. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use. We may share this aggregate information with third parties, including for various reasons related to our business to assist them in targeting advertisements to appropriate audiences.

Disclosure

Information you post in public areas of the site or placed in the searchable database will be accessed, used, and stored by others around the world. We strive to provide a safe, secure environment by attempting to limit access to our database to legitimate users, but cannot guarantee that unauthorized parties will not gain access. We also cannot control how authorized users store or transfer information downloaded from the database, so you should ensure that you do not post sensitive information to TWiST Startup Effect.

We use the information you provide us to deliver the products and services we offer, and to operate and improve our sites. Our services may include the display of personalized content and advertising. We may use your information to contact you about TWiST Startup Effect site updates, conduct surveys, or informational and service-related communications, including important security updates.

TWiST Startup Effect will not otherwise use or disclose your personal information (personally identifiable data such as your name, email address, password) without your consent except (i) as described in this privacy policy, or (ii) as required by law to be disclosed. This policy does not protect information you post to any on-line bulletin board, chat room, newsgroup or other public forum within our Site.

We will also disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any other company or organization except we may transfer your personally identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in which TWiST Startup Effect participates or to a purchaser of all or substantially all of TWiST Startup Effect’s assets to which this Site relates. Such successor entity shall be bound by the terms and conditions of this Privacy Policy.

Links to Third Party Sites

The Site may provide links to other Web sites or resources over which TWiST Startup Effect does not have control (“External Web Sites”). Such links do not constitute an endorsement by TWiST Startup Effect of those External Web Sites. You acknowledge that TWiST Startup Effect is providing these links to you only as a convenience, and further agree that TWiST Startup Effect is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security

We strive to provide a safe, secure environment by attempting to limit access to our database to legitimate users, but cannot guarantee that unauthorized parties will not gain access. We also cannot control how authorized users store or transfer information downloaded from the database, so you should ensure that you do not post sensitive information to TWiST Startup Effect.

If you have any questions regarding this privacy policy please contact us via the contact page.

TWiST Startup Effect Online Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE “SITE”) OF TWIST STARTUP EFFECT OWNED AND OPERATED BY THOUGHTSTREAM, LLC. (“TWIST STARTUP EFFECT”) AND THE SUBMISSIONS, POSTINGS, AND CONTENT AVAILABLE ON THIS SITE (THE “SERVICES”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT TWIST STARTUP EFFECT MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. WE WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES. This Site and the Services are intended for use by individuals looking for cofounders and early stage team members (approximately employees 1-3).

General Use Restrictions

All information, documents and Services provided on this Site, including trademarks, logos, graphics and images (the “Materials”) are provided to you by TWIST STARTUP EFFECT. Except as expressly stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis.

TWIST STARTUP EFFECT grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that: (1) both the TWIST STARTUP EFFECT copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded, (2) such display, copy or download is solely for your personal and/or internal business purposes. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and TWIST STARTUP EFFECT may remove your postings from this Site and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed Materials and cease using the Site and/or the Services.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the Site and the Services. Such prohibited conduct includes, without limitation, any efforts to (a) log in to an account with a password not assigned to you, (b) access personally identifiable information not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) impersonate any other user of the Site and/or the Services or forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services by any other user. If TWIST STARTUP EFFECT becomes aware of any of the foregoing activities, TWIST STARTUP EFFECT may investigate and may respond, and when appropriate, TWIST STARTUP EFFECT may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. Without limiting the generality of foregoing, you acknowledge that TWIST STARTUP EFFECT expressly prohibits and you agree not to:

  • Provide any false or misleading information about your identity or employment information provided by you to TWIST STARTUP EFFECT in relation to your use of or access to the Site and/or Services;
  • Post any false or inaccurate Submissions (defined below) or information;
  • Use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
  • Post any Submissions or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, sexually-orientated, threatening, or otherwise objectionable.
  • Harass, stalk, or otherwise subject any other user of the Site and/or Services to unwanted and/or inappropriate contact.
  • Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
  • Use the Site, Services and/or Materials for any purpose other than to identify employment opportunities for yourself or to identify prospective employees for users’ employment opportunities.
  • Send unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes and/or advertise any products or services either by directly posting on the Site or within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
  • Make any changes, additions and/or deletions to any Submissions posted by any user with out the express written authorization of such other user.
  • Take any action that imposes an unreasonable or disproportionately large burden on Site’s infrastructure.
  • Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any Submissions posted by you.
  • Frame or link to the Site of any of the content or information available from the Site unless TWIST STARTUP EFFECT expressly consents to such linking and/or framing.
  • Intentionally expose the Site and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Site and/or Service;
  • Use any robot, spider or other program or device to retrieve or index any portion of the TWIST STARTUP EFFECT Site;
  • Harvest or otherwise collect information about other users for any purpose other than use of the Site and/or Services as expressly permitted herein.

With respect to TWIST STARTUP EFFECT, you acknowledge and agree to abide by the following rules, without limitation:

  • You must be age 18 or older to post or submit any information to TWIST STARTUP EFFECT.
  • Reporters, researchers and third party representatives must receive permission from TWIST STARTUP EFFECT before posting to TWIST STARTUP EFFECT and in their postings, must identify their name and affiliation with an organization.
  • You may not post personally identifiable information (including without limitation, name, address, email address, phone number) about another member or any other individual without their express prior written consent.
  • You agree not to impersonate any TWIST STARTUP EFFECT staff member. You also agree not to impersonate any other TWIST STARTUP EFFECT member.
  • You may not post email content from private parties.
  • You agree that TWIST STARTUP EFFECT reserves the right to remove any content in TWIST STARTUP EFFECT, for any reason in its sole discretion as it may deem appropriate.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. TWIST STARTUP EFFECT reserves the right to terminate our relationship with you under these Terms and prohibit your access to the Site and/or Services or to edit, remove or close any Submission or thread on TWiST Startup Effect for any reason, including, without limitation, any action that TWIST STARTUP EFFECT, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any user. If TWIST STARTUP EFFECT finds that you are abusing the private message and/or email system of TWIST STARTUP EFFECT and/or on TWiST Startup Effect, TWIST STARTUP EFFECT may, without limitation of other available remedies, suspend or terminate your account.

The foregoing prohibitions do not impose on TWIST STARTUP EFFECT, and TWIST STARTUP EFFECT does not assume, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other member. You hereby acknowledge and agree that you may be exposed to content that may be offensive or objectionable to you. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL SUBMISSIONS SUBMITTED BY YOU OR ANY OTHER MEMBER EXPRESS THE VIEWS OF THE AUTHOR, AND NEITHER TWIST STARTUP EFFECT, NOR JELSOFT ENTERPRISES LTD. (DEVELOPERS OF VBULLETIN) WILL BE HELD RESPONSIBLE FOR OR LIABLE FOR THE CONTENT IN SUCH SUBMISSIONS. Your access to the Site and Services is undertaken at you own risk and TWIST STARTUP EFFECT is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

Account Registration and Password Protection

Prior to gaining access to certain Services on the Site, TWIST STARTUP EFFECT will require you to set up a user name and password (the “Password(s)”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by TWIST STARTUP EFFECT from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by TWIST STARTUP EFFECT at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform TWIST STARTUP EFFECT immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services.

Third Party Content

Third parties may provide certain information and content to TWIST STARTUP EFFECT (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. TWIST STARTUP EFFECT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which TWIST STARTUP EFFECT does not have control (“External Web Sites”). Such links do not constitute an endorsement by TWIST STARTUP EFFECT of those External Web Sites. You acknowledge that TWIST STARTUP EFFECT is providing these links to you only as a convenience, and further agree that TWIST STARTUP EFFECT is not responsible for the content of such External Web Sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Privacy Policy

Your use of the Site is governed by the TWIST STARTUP EFFECT Privacy Policy that is available at http://www.twiststartupeffect.com/a/legal/ (the “Privacy Policy”).

User Content and Submissions

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a TWiST Startup Effect Site (“User Content”) is the sole responsibility of the person from which such User Content originated. TWiST Startup Effect claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through TWiST Startup Effect and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through TWiST Startup Effect, you grant TWiST Startup Effect a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through TWiST Startup Effect. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant TWiST Startup Effect a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting TWiST Startup Effect services. TWiST Startup Effect will discontinue this licensed use within a commercially reasonable period after such User Content is removed from TWiST Startup Effect. TWiST Startup Effect reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

You also represent and warrant that You have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If you post User Content in any public area of any TWiST Startup Effect Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any TWiST Startup Effect Site retains any and all rights that may exist in such User Content.

TWiST Startup Effect acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, TWiST Startup Effect may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any TWiST Startup Effect Site. TWiST Startup Effect reserves the right to expel Users and prevent their further access to the TWiST Startup Effect Sites and/or use of the TWiST Startup Effect Services for violating the Terms or applicable laws, rules or regulations. TWiST Startup Effect may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TWiST Startup Effect, damage TWiST Startup Effect’s brand or public image, or cause TWiST Startup Effect to lose (in whole or in part) the services of its ISPs or other suppliers.

TWiST Startup Effect does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

The following is a partial list of User Content that is prohibited on the TWiST Startup Effect Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of any group or individual;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
  • contains restricted or password only access pages, or hidden pages or images;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
  • solicits passwords or personal identifying information from other Users.

It is also a violation of the Terms, to include in any User Content submitted to TWiST Startup Effect Communities information that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.

Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.

In order to protect our TWiST Startup Effect Community Users from commercial advertising or solicitation, TWiST Startup Effect reserves the right to restrict the number of e-mails which a User may send to other Users to a number which TWiST Startup Effect deems appropriate in its sole discretion.

If notified by a User of User Content or other materials which allegedly do not conform to these Terms, TWiST Startup Effect may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. TWiST Startup Effect has no liability or responsibility to Users for performance or nonperformance of such activities.

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not TWIST STARTUP EFFECT, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that TWIST STARTUP EFFECT shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant TWIST STARTUP EFFECT a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, TWIST STARTUP EFFECT agrees to use your information in accordance with TWIST STARTUP EFFECT’s Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO TWIST STARTUP EFFECT. Notwithstanding the foregoing, you hereby assign to TWIST STARTUP EFFECT all right, title and interest in and to any new feature that you may suggest or submit to TWIST STARTUP EFFECT and you acknowledge and agree that TWIST STARTUP EFFECT may use such suggestion or submission in any manner, including, without limitation, to develop features for the Site.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of TWIST STARTUP EFFECT or others used on this Site and in the Services are the property of TWIST STARTUP EFFECT or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of TWIST STARTUP EFFECT or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of TWIST STARTUP EFFECT, Copyright © 2010, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless TWIST STARTUP EFFECT and Thoughstream, LLC and their affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site and/or the Services or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, outdated information which may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by TWIST STARTUP EFFECT, and agree that TWIST STARTUP EFFECT does not warrant the accuracy or timeliness of the Materials and further agree that TWIST STARTUP EFFECT has no liability for any errors or omissions in the Materials, whether provided by TWIST STARTUP EFFECT or its licensors.

TWIST STARTUP EFFECT, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND/OR THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. TWIST STARTUP EFFECT PROVIDES THE SERVICES “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND.

TWIST STARTUP EFFECT DOES NOT WARRANT THAT ANY TWIST STARTUP EFFECT SITE WILL OPERATE ERROR-FREE OR THAT ANY TWIST STARTUP EFFECT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY TWIST STARTUP EFFECT SITE OR THE TWIST STARTUP EFFECT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TWIST STARTUP EFFECT IS NOT RESPONSIBLE FOR THOSE COSTS. THE TWIST STARTUP EFFECT SITES AND TWIST STARTUP EFFECT CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TWIST STARTUP EFFECT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWIST STARTUP EFFECT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TWIST STARTUP EFFECT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Limitation of Liability

NEITHER TWIST STARTUP EFFECT AND THOUGHTSTREAM, LLC NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE AND/OR THE SERVICES, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF TWIST STARTUP EFFECT WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TWIST STARTUP EFFECT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY TWIST STARTUP EFFECT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY TWIST STARTUP EFFECT SITE AND THE TWIST STARTUP EFFECT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TWIST STARTUP EFFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright Agents

TWIST STARTUP EFFECT respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide OUR copyright agent with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you have any questions regarding copyright concerns please contact us via our contact form.

General

TWIST STARTUP EFFECT controls and operates this Site from its owner’s and operator’s headquarters in the United States and makes no representation that the Services or the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site or the Services from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by North Carolina law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Mecklenberg county, North Carolina. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of TWIST STARTUP EFFECT to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TWIST STARTUP EFFECT in writing. No joint venture, partnership, employment or agency relationship exists between you and TWIST STARTUP EFFECT. These Terms comprise the entire agreement between you and TWIST STARTUP EFFECT and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

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