Terms and Conditions - Revised April 18, 2017

Before downloading any software or using any of the “Content”, as that term is defined below, please read all of these Terms and Conditions.

You agree that Picality Limited ("Tweet Eye", "we", "our" or "us") is the owner of all Content.

The use of "you" or "your" or "user" refers to any free or paying subscriber of the Tweet Eye software or any user of the Content.

"Customer Information" means all information and data ( and including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Tweet Eye or on your behalf in relation to the use of the Content.

"Subscriber Information" means all information and data (including text and documents in whatever format, images, graphics and photos in whatever format, videos and audios) or any other information or content in any media and format provided or made available to Tweet Eye by or on your behalf in relation to any Tweet Eye Content.

"Paid Plans" means the fee based subscription for either the Silver, Gold or Platinum plan for the Tweet Eye software offered on this website, and other websites, now and in the future. Subscribers to the Paid Plans will be responsible for paying all taxes, assessments, charges fees and levies based on the based upon their subscription, including sales, use, value added, and excise taxes, custom duties and assessments that may be imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).

Please review these Terms and Conditions carefully before using any of the services, content, software, information, downloads or other information, either now existing or that may be created in the future, (cumulatively referred to as the “Content”) provided on this Tweet Eye website or accessible from another website or source linked from this website. By using any of the Tweet Eye Content, either now existing or to be created in the future, you unconditionally accept and acknowledge that the Content is hosted in the United Kingdom and that your use of the Content is subject to these Terms and Conditions.

As a condition to the use of the Content, which includes the software, offered through our website you specifically and unconditionally agree to be bound by these Terms and Conditions. If our Terms and Conditions are unacceptable to you, you agree and represent that your only recourse is not to use Content and discontinue use of any Tweet Eye software (in either its current or future versions).

Changes to our Terms and Conditions:
Tweet Eye reserves the right, at any time, in its sole discretion to update and change any or all of these Terms and Conditions. Any changes we may make to our Terms and Conditions in the future will be posted on this page and you agree that you will check this page from time to time to ensure that you are happy with any changes that we have been made to the Terms and Conditions.

1. Privacy Policy

Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Content, and you consent to our use of data in compliance with the Privacy Policy.

2. Intellectual Property; License

*** SPECIAL NOTICE

Tweet Eye is the sole and exclusive owner of the Content, which includes the software, available on this server and upon acceptance of these Terms and Conditions, Tweet Eye grants you free use of the Content upon and subject to these Terms and Conditions. The proprietary rights, intellectual property rights, trademark and copyright of the Content are the sole property of and remain with Tweet Eye. All Content, logos, data, designs, code, and materials associated with the Tweet Eye brand and Tweet-Eye.com are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

 

Tweet Eye and Etsy

The term 'Etsy' is a trademark of Etsy, Inc. This application uses the Etsy API but is not endorsed or certified by Etsy, Inc.

 

Tweet Eye and eBay

Tweet Eye software has been programmed to pass an eBay compatibility check. The compatibility check was passed by eBay on 18th of November 2013 and uses both Twitter API and eBay API to conform with Twitter requirements. Tweet Eye is provided to you as a free or paid software program and is designed to work with almost all websites using your Twitter account(s) to capture your website images (or images from your eBay or Etsy store) and send out scheduled tweets. Some of the many websites that are compatible with Tweet Eye can be found on our compatibility page.

Whilst every care has been taken to ensure no intentional breach of social media network policies have been created in the design of the software, please be guided that policies can change from time to time and we will endeavor to update the software to comply with such changes. How you personally use the software is subject to the terms, conditions, rules, policies and guidelines of the social media network and we accept no liability for errors and omissions. Tweet Eye and other Content that may be available through this website may be subject to changes, modifications or possible discontinuation of such Content and in such event a notice will be posted on this website advising of such changes. In the event the Tweet Eye software becomes discontinued or otherwise unavailable, subscribers of any Paid Plans will be given a pro rata refund based on the time remaining on their Paid Plain, which terms are set forth in our Refund Policy.

If you suspect that Tweet Eye software either isn’t an original version and or does not conform with your permissible use of either eBay or Twitter you must stop using it immediately. In such an event please use the original version from the Tweet-Eye.com website and alert the owners as to where you found the non-authorised download version.

You grant Tweet Eye a limited, worldwide, non-exclusive, non-transferable license, without a right of sub-license, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Information for the purpose of supporting the use of the Content and providing the Content to you to be used in accordance with these Terms and Conditions. Tweet Eye may also use Customer Information for the purpose of supporting and developing this website, provided that when doing so, Tweet Eye shall only use Customer Information in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, you and your authorized users shall retain all right, title and interest in and to the Customer Information and all intellectual property rights therein.

You are solely responsible for the Customer Information that you or your authorized users upload, publish, display, link to, or otherwise make available via the Content, and you agree that Tweet Eye is only acting as a passive conduit for the online distribution in publication of the Customer Information. Tweet Eye will not review, share, distribute, or reference any Customer Information except as provided herein, as provided in the Tweet Eye Privacy Policy or as may be required by law. Tweet Eye retains, in its sole and absolute discretion, the authority to remove any  Customer Information uploaded that it deems in violation of these Terms and Conditions.

3. Use of Website and Content

Subject to these website Terms and Conditions, you may access and use the Content only for your own personal, business or commercial use. We reserve all other rights to the Content, and you shall not reverse engineer, decompile and recode, copy, reproduce, hack, disassemble, distribute, publish, display, perform, disrupt the integrity or performance of the Content, interfere with or create derivative works of the Content without our advance written permission, which we may deny in our sole and absolute discretion. You also specifically represent and agree that you shall not transfer or sublicense this limited right to use the Content or resell the Content.  Imitation of our design or company logos, passing off similar software for commercial or malicious use as being associated with this product will result in legal action. However, we do authorise you to promote our services (such as via email, blogs, YouTube, Tweets, etc.) for the positive advancement of the product, services and brand awareness.

You may print off and download extracts, of any of our pages(s) from our site for your personal reference and you may draw the attention of others to material posted on our site. However, documents or digital copies of any materials may not be modified or altered in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Although Tweet Eye warrants that the software has been prepared and developed with reasonable skill and care Tweet Eye does not warrant that the software shall be free from all known viruses or that the software will work correctly in all circumstances.

The Content has been developed using JAVA (considered as an open source language) and other programming languages including PHP. More information about these programming languages can be found online. These programming languages are required on the user’s operating system for the Content to work and function correctly. This can be done before installation or at the time of installation if necessary.

Tweet Eye is under no obligation to provide support, service, corrections, or upgrades to the free software programs.

You acknowledge that as a result of using Tweet Eye, revenues can be generated for the owners of Tweet Eye through affiliate commissions. In addition other services that are provided may also be linked to affiliate networks for the purpose of generating revenues for the owners of Tweet Eye.

4. Changes to Tweet Eye Software and Content

You agree to accept and acknowledge that from time to time Tweet Eye may make changes and provide updates to its software and Content which changes may affect the appearance and/or functionality of the software and Content. You agree to accept these changes and no refunds or credits will be given to you except as stated in the Refund Policy.

5. Accessing our Site

Access to Tweet-Eye.com is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice. We will not be liable if for any reason Tweet-Eye.com is unavailable at any time or for any period, unless this interferes with the use of Tweet Eye software, in which case a pro rata refund will be given to subscribers of Paid Plans based on the amount of down time.

6. Third-Party Content

Where our site contains links to other sites and resources provided by third parties, we do not necessarily endorse or evaluate the third party content and websites. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Tweet Eye is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. You should review third parties’ terms of use, conditions, guidelines and privacy policies before you use their content or services. When you access a third party site you do so entirely at your own risk.

7. Our Liability

The Tweet Eye software and Content displayed on our site are provided without any representations, guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and any third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, including viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. We do not accept liability for any third party misrepresentation of our services or Content nor any other liability which cannot be excluded or limited under applicable law.

By using the Tweet Eye Content, including the software, all users specifically agree to these Terms and Conditions and accept the limited liability of Tweet Eye.  You also agree and accept that any other claim for damages of any nature shall be limited to the amount paid to Tweet Eye by you for the specific Paid Plain you are using. 

8. Viruses, Hacking and Other Offenses

You must not misuse this website or the Content by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would be committing a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them once this has been established.

In the event that the integrity of this website or any of its Content is compromised, you agree that we will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

9. Acceptable Use

It is your responsibility to ensure that content sent from Tweet Eye is not offensive and/or indecent and in breach of local and/or international laws. Without limiting any other provision in these Terms and Conditions, you may not use the Content to do the following or assist others to do the following:

Threaten, defame, stalk, abuse, or harass other persons or entities or engage in illegal activities;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Attempt or transmit files that contain viruses, worms, trojans, spyware, adware, or other harmful code;
Any unlawful and or wilful misuse of the Content that causes damages to Tweet Eye in any way or form, will be subject to legal action.

You further agree that you shall not use the Content to tweet, transfer, email, store or transmit any information, code or software that may be defamatory, harmful, threatening, tortious, unlawful, or infringing on the rights of others either personally or commercially, including any such action, transfer, transmission or communication that may violate intellectual property, privacy, rights of publicity, or other laws or send spam or other unsolicited messages in violation of current or then applicable laws.

You specifically agree to review and abide by The Twitter Rules and Twitter Best Practices.

You can cancel or terminate your account at anytime, but refunds are subject to our Refund Policy. If you violate these Terms and Conditions, abuse our software or other Content, or otherwise create the risk of possible legal exposure or loss to Tweet Eye or the Tweet Eye brand, Tweet Eye can terminate or suspend your Tweet Eye account at our sole and absolute discretion. Tweet Eye will notify you of any such problem by email or when you next attempt to access your account. In the event you terminate or you cancel your account or it is terminated by Tweet Eye, you will immediately cease use of the Tweet Eye software and the Content and will have no further access to your accounts.

10. Variations

We may revise these Terms and Conditions at any time by amending this page. You are expected to and agree to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on this website. The use of the singular shall include the plural and the use of an gender shall include both genders.

11. DISCLAIMERS; LIMITATION OF LIABILITY

TWEET EYE DOES NOT WARRANT:

THAT THE CONTENT, ANY OF THE CONTENT’S FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT DEFECTS WILL BE CORRECTED;
THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR
THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, TWEET EYE EXPRESSLY EXCLUDES AND DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF DESIGN, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TWEET EYE OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TWEET EYE DOES NOT CONTROL OR VET CUSTOMER CONTENT OR COMMUNICATION OF ANY TYPE AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH ITS SOFTWARE OR CONTENT.TWEET EYE IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH ITS SOFTWARE OR CONTENT, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS. TWEET EYE EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF ITS SOFTWARE OR OTHER CONTENT OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

THE TWEET EYE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEBSITE OR OTHER SOURCES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

12. Jurisdiction and Applicable Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this website. These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland.

Information about us
The operating program Tweet Eye and the site Tweet-eye.com are owned and administered by Picality Limited. Our office is located at Picality Ltd, GMIT Innovation Hub, Castlebar, Co. Mayo, Ireland

Your concerns
If you have any concerns about material which appears on this website, please contact support@tweet-eye.com