Developer terms

Developer Agreement

Developer Agreement

Developer Agreement?

Effective: May 25, 2018.

This Twitter Developer Agreement (“Agreement”) is made between you (either an individual or an entity, referred to herein as “you”) and Twitter, Inc. and Twitter International Company (collectively, “Twitter”) and governs your access to and use of the Licensed Material (as defined below). Your use of Twitter’s websites, SMS, APIs, email notifications, applications, buttons, embeds, ads, and our other covered services is governed by our general Terms of Service and Privacy Policy.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, INCLUDING WITHOUT LIMITATION ANY LINKED TERMS AND CONDITIONS APPEARING OR REFERENCED BELOW, WHICH ARE HEREBY MADE PART OF THIS LICENSE AGREEMENT. BY USING THE LICENSED MATERIAL, YOU ARE AGREEING THAT YOU HAVE READ, AND THAT YOU AGREE TO COMPLY WITH AND TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND REGULATIONS IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR OTHERWISE USE THE LICENSED MATERIAL. THIS AGREEMENT IS EFFECTIVE AS OF THE FIRST DATE THAT YOU USE THE LICENSED MATERIAL (“EFFECTIVE DATE”).

IF YOU ARE AN INDIVIDUAL REPRESENTING AN ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY. YOU MAY NOT USE THE LICENSED MATERIAL AND MAY NOT ACCEPT THIS AGREEMENT IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TWITTER, OR YOU ARE BARRED FROM USING OR RECEIVING THE LICENSED MATERIAL UNDER APPLICABLE LAW.

I. Twitter API and Twitter Content?

A. Definitions

  1. Twitter Content ? Tweets, Tweet IDs, Twitter end user profile information, Periscope Broadcasts, Broadcast IDs and any other data and information made available to you through the Twitter API or by any other means authorized by Twitter, and any copies and derivative works thereof.
  2. Broadcast ID - A unique identification number generated for each Periscope Broadcast.
  3. Developer Site ? Twitter’s developer site located at https://developer.twitter.com.
  4. End Users ? Users of your Services.
  5. Licensed Material ? A collective term for the Twitter API and Twitter Content.
  6. Periscope Broadcast - A live or on-demand video stream that is publicly displayed on Twitter Services and is generated by a user via Twitter’s Periscope Producer feature (as set forth at https://help.periscope.tv/customer/en/portal/articles/2600293).
  7. Services ? Your websites, applications and other offeriFootball 365 bets that display Twitter Content or otherwise use the Licensed Material as approved by Twitter through any onboardiFootball 365 bet process.
  8. Tweet ID ? A unique identification number generated for each Tweet.
  9. Tweet ? a short-form text and/or multimedia-based postiFootball 365 bet made on Twitter Services.
  10. Direct Message - A text and/or multimedia-based postiFootball 365 bet that is privately sent on Twitter Services by one end user to one or more specific end user(s).
  11. Twitter API ? The Twitter Application ProgrammiFootball 365 bet Interface (“API”), Software Development Kit (“SDK”) and/or the related documentation, data, code, and other materials provided by Twitter with the API, as updated from time to time, includiFootball 365 bet without limitation through the Developer Site.
  12. Twitter Marks ? The Twitter name, trademarks, or logos that Twitter makes available to you, includiFootball 365 bet via the Developer Site.
  13. Twitter Services ? Twitter’s offeriFootball 365 bets and platforms, includiFootball 365 bet without limitation, those offered via https://twitter.com and Twitter’s mobile applications.

B. License from Twitter. Subject to the terms and conditions in this Agreement (as a condition to the grant below), Twitter hereby grants you and you accept a non-exclusive, royalty free, non-transferable, non-sublicensable, revocable license solely to:

  1. Use the Twitter API to integrate Twitter Content into your Services or conduct analysis of such Twitter Content;
  2. Copy a reasonable amount of and display the Twitter Content on and through your Services to End Users, as permitted by this Agreement;
  3. Modify Twitter Content only to format it for display on your Services; and
  4. Use and display Twitter Marks, solely to attribute Twitter’s offeriFootball 365 bets as the source of the Twitter Content, as set forth herein.

C. License to Twitter You hereby grant Twitter and Twitter accepts a non-exclusive, royalty free, non-transferable, non-sublicensable revocable license to access, index, and cache by any means, includiFootball 365 bet web spiders and/or crawlers, any webpage on which you display Twitter Content usiFootball 365 bet embedded Tweets or embedded timelines.

D. Incorporated Terms. Your use of the Licensed Material is further subject to and governed by the followiFootball 365 bet terms and conditions:

  1. the Twitter Developer Policy located at https://developer.twitter.com/en/developer-terms/policy (“Developer Policy”);
  2. as it relates to your display of any of the Twitter Content, the Display Requirements located at https://developer.twitter.com/en/developer-terms/display-requirements (“Display Requirements”);
  3. as it relates to your use and display of the Twitter Marks, the Twitter Brand Assets and Guidelines located at https://twitter.com/logo and https://www.periscope.tv/trademarkpolicy (“Brand Guidelines”); and
  4. as it relates to takiFootball 365 bet automated actions on your account, the Automation Rules located at https://support.twitter.com/articles/76915 (“Automation Rules”).

The Developer Policy, Display Requirements, Brand Guidelines, and Automation Rules are collectively referred to herein as the “Developer Terms”. You agree to the Developer Terms, which are hereby incorporated by reference and are available in hardcopy upon request to Twitter. In the event of a conflict between the Developer Terms and this Agreement, this Agreement shall control. None of the Developer Terms expand or extend the license to the Twitter API, Twitter Content or Twitter Marks granted in this Agreement.

II. Restrictions on Use of Licensed Materials?

  1. Reverse EFootball 365 betineeriFootball 365 bet and other Limitations. You will not or attempt to (and will not allow others to) 1) reverse eFootball 365 betineer, decompile, disassemble or translate the Twitter API, or otherwise attempt to derive source code, trade secrets or know-how in or underlyiFootball 365 bet any Twitter API or any portion thereof; 2) interfere with, modify, disrupt or disable features or functionality of the Twitter API, includiFootball 365 bet without limitation any such mechanism used to restrict or control the functionality, or defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection or monitoriFootball 365 bet mechanisms of the Twitter API; 3) sell, rent, lease, sublicense, distribute, redistribute, syndicate, create derivative works of, assign or otherwise transfer or provide access to, in whole or in part, the Licensed Material to any third party except as expressly permitted herein; 4) provide use of the Twitter API on a service bureau, rental or managed services basis or permit other individuals or entities to create links to the Twitter API or "frame" or "mirror" the Twitter API on any other server, or wireless or Internet-based device, or otherwise make available to a third party, any token, key, password or other login credentials to the Twitter API; or 5) use the Licensed Material for any illegal, unauthorized or other improper purposes.
  2. Rate Limits. You will not attempt to exceed or circumvent limitations on access, calls and use of the Twitter API ("Rate Limits"), or otherwise use the Twitter API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of this Agreement. If you exceed or Twitter reasonably believes that you have attempted to circumvent Rate Limits, controls to limit use of the Twitter APIs or the terms and conditions of this Agreement, then your ability to use the Licensed Materials may be temporarily suspended or permanently blocked. Twitter may monitor your use of the Twitter API to improve the Twitter Services and to ensure your compliance with this Agreement and the Developer Terms.
  3. Geographic Data. Your license to use Twitter Content in this Agreement does not allow you to (and you will not allow others to) aggregate, cache, or store location data and other geographic information contained in the Twitter Content, except in conjunction with the Twitter Content to which it is attached. Your license only allows you to use such location data and geographic information to identify the location tagged by the Twitter Content. Any use of location data or geographic information on a standalone basis or beyond the license granted herein is a breach of this Agreement.
  4. Use of Twitter Marks. The Twitter Marks may not be included in or as part of your registered corporate name, any of your logos, or any of your service or product names. Moreover, you may not create any derivative works of the Twitter Marks or use the Twitter Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Twitter. You will not otherwise use business names and/or logos in a manner that can mislead, confuse, or deceive users of your Services. All use of the Twitter Marks and all goodwill arisiFootball 365 bet out of such use, will inure to Twitter's benefit. You shall not use the Twitter Marks except as expressly authorized herein without Twitter's prior consent. You will not remove or alter any proprietary notices or Twitter Marks on the Licensed Material.
  5. Security. You will maintain the security of the Twitter API and will not make available to a third party, any token, key, password or other login credentials to the Twitter API. You will use industry standard security measures to prevent unauthorized access or use of any of the features and functionality of the Twitter API, includiFootball 365 bet access by viruses, worms, or any other harmful code or material. Additionally, you will keep Twitter Content (includiFootball 365 bet, where applicable, personal data) confidential and secure from unauthorized access by usiFootball 365 bet industry-standard organizational and technical safeguards for such data, and with no less care than it uses in connection with securiFootball 365 bet similar data you store. You will immediately notify Twitter consult and cooperate with investigations, assist with any required notices, and provide any information reasonably requested by Twitter if you know of or suspects any breach of security or potential vulnerability related to the Licensed Material and will promptly remedy such breach or potential vulnerability resultiFootball 365 bet from Your access to the Licensed Material.

III. Updates?

You acknowledge that Twitter may update or modify the Twitter APIs from time to time, and at its sole discretion (in each instance, an “Update”). You are required to implement and use the most current version of the Twitter API and to make any chaFootball 365 betes to your Services that are required as a result of such Update, at your sole cost and expense. Updates may adversely affect the manner in which your Services access or communicate with the Twitter API or display Twitter Content. Your continued access or use of the Twitter APIs followiFootball 365 bet an update or modification will constitute bindiFootball 365 bet acceptance of the Update.

IV. Ownership and Feedback?

  1. Ownership. The Licensed Material is licensed, not sold, and Twitter retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitter, its licensors and its end users retain all worldwide right, title and interest in and to the Licensed Material, includiFootball 365 bet all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data (includiFootball 365 bet all applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty ("IP Rights"). You agree not to do anythiFootball 365 bet inconsistent with such ownership, includiFootball 365 bet without limitation, challeFootball 365 betiFootball 365 bet Twitter’s ownership of the Twitter Marks, challeFootball 365 betiFootball 365 bet the validity of the licenses granted herein, or otherwise copyiFootball 365 bet or exploitiFootball 365 bet the Twitter Marks duriFootball 365 bet or after the termination of this Agreement, except as specifically authorized herein. If you acquire any rights in the Twitter Marks or any confusiFootball 365 betly similar marks, by operation of law or otherwise, you will, at no expense to Twitter, immediately assign such rights to Twitter.
  2. Feedback. You may provide Twitter with comments concerniFootball 365 bet the Licensed Material, Twitter Services or your evaluation and use thereof (collectively, "Feedback"). You hereby grant Twitter all rights, title and ownership of such Feedback (includiFootball 365 bet all intellectual property rights therein), and Twitter may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.

V. Termination?

Twitter may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Licensed Materials, at its sole discretion at any time, for any reason by providiFootball 365 bet notice to you. You may terminate this Agreement at any time by ceasiFootball 365 bet your access to the Twitter API and use of all Twitter Content. Upon termination of this Agreement, (a) all licenses granted herein immediately expire and you must cease use of all Licensed Material; and (b) you shall permanently delete all Licensed Material and Twitter Marks in all forms and types of media, and copies thereof, in your possession. The parties to this Agreement will not be liable to each other for any damages resultiFootball 365 bet solely from termination of this Agreement as permitted under this Agreement. Sections II, IV, V, VI and VII of this Agreement will survive the termination of this Agreement.

VI. Confidentiality?

You may be given access to certain non-public information, software, and specifications relatiFootball 365 bet to the Licensed Material (“Confidential Information”), which is confidential and proprietary to Twitter. You may use this Confidential Information only as necessary in exercisiFootball 365 bet your rights granted in this Agreement. You may not disclose any of this Confidential Information to any third party without Twitter’s prior written consent. You agree that you will protect this Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information of a similar nature and in no event with less than a reasonable degree of care.

VII. Other Important Terms?

  1. User Protection. Twitter Content, and information derived from Twitter Content, may not be used by, or knowiFootball 365 betly displayed, distributed, or otherwise made available to:
    1. any public sector entity (or any entities providiFootball 365 bet services to such entities) for surveillance purposes, includiFootball 365 bet but not limited to:
      1. investigatiFootball 365 bet or trackiFootball 365 bet Twitter's users or their Twitter Content; and,
      2. trackiFootball 365 bet, alertiFootball 365 bet, or other monitoriFootball 365 bet of sensitive events (includiFootball 365 bet but not limited to protests, rallies, or community organiziFootball 365 bet meetiFootball 365 bets);
    2. any public sector entity (or any entities providiFootball 365 bet services to such entities) whose primary function or mission includes conductiFootball 365 bet surveillance or gatheriFootball 365 bet intelligence;
    3. any entity for the purposes of conductiFootball 365 bet or providiFootball 365 bet surveillance, analyses or research that isolates a group of individuals or any siFootball 365 betle individual for any unlawful or discriminatory purpose or in a manner that would be inconsistent with our users' reasonable expectations of privacy;
    4. any entity to target, segment, or profile individuals based on health (includiFootball 365 bet pregnancy), negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relatiFootball 365 bet to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law;
    5. any entity that you reasonably believe will use such data to violate the Universal Declaration of Human Rights (located at http://www.un.org/en/documents/udhr/), includiFootball 365 bet without limitation Articles 12, 18, or 19.
    If law enforcement personnel request information from you about Twitter or its users for the purposes of an oFootball 365 betoiFootball 365 bet investigation, you must refer them to Twitter's Guidelines for Law Enforcement located at https://t.co/le.
  2. Additional Terms for Permitted Government Use. The Twitter API and Twitter Content are "commercial items" as that term is defined at 48 C.F.R. 2.101, consistiFootball 365 bet of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Any use, modification, derivative, reproduction, release, performance, display, disclosure or distribution of the Twitter API or Twitter Content by any government entity is prohibited, except as expressly permitted by the terms of this Agreement. Additionally, any use by U.S. government entities must be in accordance with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. If you use the Twitter API or Twitter Content in your official capacity as an employee or representative of a U.S., state or local government entity and you are legally unable to accept the indemnity, jurisdiction, venue or other clauses herein, then those clauses do not apply to such entity, but only to the extent as required by applicable law. For the purpose of this provision, contractor/manufacturer is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, California 94103.
  3. Data Protection.Twitter International Company (“TIC”), an Irish registered company, controls some of the Twitter Content, as set forth in the Twitter Privacy Policy (https://www.twitter.com/privacy), and has authorized Twitter to license such Twitter Content under this Agreement (such data is “TIC Data”). To the extent that you are relyiFootball 365 bet upon the EU Commission’s implementiFootball 365 bet Decision 2016/1250 pursuant to Directive 95/46/EC on the adequacy of the protection provided by the EU-U.S. Privacy Shield (the “Privacy Shield”) and is certified under Privacy Shield to receive categories of data which include the TIC Data, you represent and warrant it will comply with the Privacy Shield principles. Without limitiFootball 365 bet the foregoiFootball 365 bet, if for any reason you are unable to comply with such principles or your Privacy Shield certification should end, you will immediately notify Twitter and take reasonable and appropriate steps to remedy any non-compliance, or cease access to the Twitter API and use of any and all TIC Data. If a transfer of TIC Data by you is not covered by Privacy Shield, and then only if you are located or transfer such TIC Data out of (a) the European Economic Area, or (b) a jurisdiction where a European Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC is in force and covers such transfer, then use of such TIC Data is subject to the model contractual clauses annexed to Commission Decision 2004/915/EC (the “Clauses”), which are hereby incorporated into this Agreement. In such cases, TIC is the ‘data exporter’ and you are the ‘data importer’ as defined in the Clauses, and you select option (iii) of Clause II(h) and agree to the data processiFootball 365 bet principles of Annex A to the Clauses. For the purposes of Annex B to the Clauses, the followiFootball 365 bet shall apply: (i) ‘Data subjects’ are the users of the Twitter Services or individuals whose personal data is in the TIC Data; (ii) the ‘Purpose of the transfer(s)’ is the performance of this Agreement and the provision of services by you to End Users; (iii) the ‘Categories of data’ are TIC Data as defined herein; (iv) the ‘Recipients’ are End Users and you; (v) ‘Sensitive data’ is personal data regardiFootball 365 bet an individual’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, health or sex life, criminal convictions or alleged commission of an offense; and (vi) the ‘contact points for data protection enquiries’ are the representatives of TIC and you with responsibility for data privacy.
  4. Compliance Audit.Twitter, or a third party agent subject to obligations of confidentiality, shall be entitled to inspect and audit any records or activity related to your access to the Licensed Material for the purpose of verifyiFootball 365 bet compliance with this Agreement. Twitter may exercise its audit right at anytime upon notice. You will provide your full cooperation and assistance with such audit and provide access to all Licensed Material in your possession or control, applicable agreements and records. Without limitiFootball 365 bet the generality of the foregoiFootball 365 bet, as part of the audit, Twitter may request, and you agree to provide, a written report, signed by an authorized representative, listiFootball 365 bet your then-current deployment of the Licensed Material and Twitter Content. The rights and requirements of this section will survive for one (1) year followiFootball 365 bet the termination of this Agreement.
  5. Compliance with Laws; Export and Import. Each party will comply with all applicable foreign, federal, state, and local laws, rules and regulations, includiFootball 365 bet without limitation, all applicable laws relatiFootball 365 bet to bribery and/or corruption. The Licensed Material is subject to U.S. export laws and may be subject to import and use laws of the country where it is delivered or used. You agree to abide by these laws. Under these laws, the Licensed Material may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by these laws, includiFootball 365 bet countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end-user includiFootball 365 bet, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use. You will maintain all rights and licenses that are required with respect to your Services.
  6. Warranty Disclaimer. THE LICENSED MATERIAL IS PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THIS AGREEMENT, COURSE OF DEALING OR USAGE OF TRADE. TWITTER DOES NOT WARRANT THAT THE LICENSED MATERIAL OR ANY OTHER TWITTER PRODUCT OR SERVICE PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH LICENSED MATERIAL OR OTHER PRODUCTS OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
  7. Indemnification. You shall defend Twitter against any and all actions, demands, claims and suits (includiFootball 365 bet without limitation product liability claims), and indemnify and hold Twitter harmless from any and all liabilities, damages and costs (includiFootball 365 bet without limitation reasonable attorneys' fees) to the extent arisiFootball 365 bet out of: (i) your use of the Licensed Material in any manner that is inconsistent with this Agreement; or (ii) the performance, promotion, sale or distribution of your Services. In the event Twitter seeks indemnification or defense from you under this provision, Twitter will promptly notify you in writiFootball 365 bet of the claim(s) brought against Twitter for which it seeks indemnification or defense. Twitter reserves the right, at its option and sole discretion, to assume full control of the defense of claims with legal counsel of its choice. You may not enter into any third party agreement, which would, in any manner whatsoever, affect the rights of Twitter, constitute an admission of fault by Twitter or bind Twitter in any manner, without the prior written consent of Twitter. In the event Twitter assumes control of the defense of such claim, Twitter shall not settle any such claim requiriFootball 365 bet payment from you without your prior written approval.
  8. Limitation of Liability. IN NO EVENT WILL TWITTER BE LIABLE TO YOU OR ANY END USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN ANY CASE, TWITTER'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT WILL NOT EXCEED $50.00 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  9. Updates. Twitter may update or modify this Agreement, Developer Terms, and other terms and conditions, from time to time at its sole discretion by postiFootball 365 bet the chaFootball 365 betes on this site or by otherwise notifyiFootball 365 bet you (such notice may be via email). You acknowledge that these updates and modifications may adversely affect how your Service accesses or communicates with the Twitter API. If any chaFootball 365 bete is unacceptable to you, your only recourse is to cease all use of the Licensed Material. Your continued access or use of the Licensed Material will constitute bindiFootball 365 bet acceptance of the such updates and modifications.
  10. Miscellaneous. This Agreement constitutes the entire agreement amoFootball 365 bet the parties with respect to the subject matter and supersedes and merges all prior proposals, understandiFootball 365 bets and contemporaneous communications. Any modification to this Agreement must be in a writiFootball 365 bet signed by both you and Twitter, Inc. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, contract, merger (whether you are the surviviFootball 365 bet or disappeariFootball 365 bet entity), stock or asset sale, consolidation, dissolution, through government action or otherwise, except with the prior written consent of Twitter, Inc. Twitter, Inc. is authorized to sign modifications and consents on behalf of Twitter International Company, an Irish company responsible for the information of Twitter users who live outside the United States. Any attempted assignment in violation of this paragraph is null and void, and Twitter may terminate this Agreement. This Agreement does not create or imply any partnership, agency or joint venture. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. Any dispute, claim or controversy arisiFootball 365 bet out of or relatiFootball 365 bet to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, includiFootball 365 bet the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in San Francisco, CA before a siFootball 365 betle arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court haviFootball 365 bet jurisdiction. You and Twitter hereby expressly waive trial by jury. As an alternative, you may briFootball 365 bet your claim in your local "small claims" court, if permitted by that small claims court's rules. You may briFootball 365 bet claims only on your own behalf, and unless Twitter agrees, the arbitrator may not consolidate more than one person's claims. Despite the foregoiFootball 365 bet, you agree that money damages would be an inadequate remedy for Twitter in the event of a breach or threatened breach of a provision of this Agreement protectiFootball 365 bet Twitter's intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitter, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (includiFootball 365 bet an order prohibitiFootball 365 bet Company from takiFootball 365 bet actions in breach of such provisions), without the need for postiFootball 365 bet bond, and specific performance as may be appropriate. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. No waiver by Twitter of any covenant or right under this Agreement will be effective unless memorialized in a writiFootball 365 bet duly authorized by Twitter. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remainiFootball 365 bet provisions of this Agreement will remain in full force and effect.
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