TWINCITIESLIST™ TERMS OF USE
The TwinCitiesList.com Website is intended for Business Owners to create their listings for their businesses and for our members to rate and write reviews of their favorite businesses.
I. Your Acceptance
These Terms of Use between the User (“User” or “you”) and TwinCitiesList outlines your rights and obligations while visiting the TwinCitiesList Website (“Website”).
Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TwinCitiesList, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Registering with TwinCities List
You will be required to register if you want to post reviews, ratings, photos, videos, lists, graphics, texts, and other communications regarding events or businesses in your community (collectively, “Content”). TwinCitiesList’s use of any personal information that you provide to us during any registration process is governed by TwinCitiesList’s Privacy Policy. TwinCitiesList has no obligation to store, retain or provide you with copies of your Content, nor does TwinCitiesList guarantee any confidentiality with respect to the posted Content except as set forth in our Privacy Policy.
If you register for a user account, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, TwinCitiesList may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action TwinCitiesList deems appropriate.
Business Listings
Basic business listing can be created for free and the creation of free business listings will be subject to these Terms of Use. In creating or updating a Business Listing, you must be an authorized representative of the listed business and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the business in question, you must give access to the Business listing to an authorized business or delete the Business Listing immediately.
Premium Business Listings will include features not available with free Business Listings. Failure to pay fees as agreed may result in removal of Premium features from your Business Listing.
Use of the TwinCitiesList Website
You agree not to:
modify or alter the Website or content created by other Users.
disparage or defame any third party individual or corporate entity
use the TwinCitiesList Website to facilitate any activity prohibited by Minnesota law or federal law
post content that is deceptive or could be used to deceive others as to the nature, quality, availability or price of goods or services including but not limited to goods or services offered by registered users or listed businesses on TwinCitiesList.
violate any rights of any third-party including but not limited to rights of privacy, rights of publicity or intellectual property rights.
rate businesses without having post reviews that are not based on first hand personal experience.
distribute any content created by and owned by TwinCitiesList except with the written consent of TwinCitiesList.
reverse engineer any part of the Website
use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
No Endorsement of Listed Businesses
The material and videos on this Website are intended to be informational only. TwinCitiesList does not offer an opinion of any of the listed businesses and cannot endorse any business listed.
Content Ownership and Rights
TwinCitiesList is the copyright owner and author of any content created by TwinCitiesList. By uploading content such as business listings, user reviews, pictures, logos, videos, diagrams, etc. to TwinCitiesList Website you are granting to TwinCitiesList a perpetual, non-exclusive right to reproduce, display, modify, translate, distribute and use that content and are representing and warranting that you have the authority to grant such rights.
All logos and trademarks on the TwinCitiesList Website are the property of their respective owners and should not be interpreted as an endorsement or affiliation with TwinCitiesList or any other third party. TwinCitiesList™ and TwinCitiesList.com™ are trademarks of TwinCitiesList.
Intellectual property concerns should be addressed to ( info@TwinCitiesList.com )
Privacy Policy
These Terms of Use incorporate by reference the Privacy Policy found at http://www.twincitieslist.com/privacy-policy/ User agrees to review and follow the terms of the Privacy Policy.
Indemnification
User agrees to defend, indemnify and hold harmless TwinCitiesList, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the TwinCitiesList Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Subscriber created content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the TwinCitiesList Website.
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT THE USER’S SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TWINCITIESLIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWINCITIESLIST MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS, THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES TWINCITIESLIST MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. TWINCITIESLIST MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OFFERED BY THROUGH OR INFORMATION OBTAINED THROUGH THE WEBSITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM TWINCITIESLIST SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
USER AGREES THAT TWINCITIESLIST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TWINCITIESLIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER FURTHER AGREES THAT TWINCITIESLIST SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
Modifications to Terms of Use
TwinCitiesList may modify these Terms of Use by posting the newly revised Terms of Use on the TwinCitiesList website. User agrees that continued use of the Website is conditioned upon compliance with the Terms of Use as they appear at the time of the User’s use of the Website. The date of the most recent change will appear at the end of these Terms of Use.
Termination
Any User content or comments may be removed and User may be denied access to the Website for any violation of these Terms by the User. TwinCitiesList may give notice of such violations but is under no obligation to do so. TwinCitiesList reserves the right to refuse access to a User for any reason or no reason.
General Terms
These Terms of Use and the relationship between the User and TwinCitiesList shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. User hereby consents to jurisdiction and venue in state or federal courts located in Hennepin County, Minnesota.
If TwinCitiesList fails to exercise or enforce any right or provision of these Terms of Use, that failure shall not be used to prove that TwinCitiesList has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.
User agrees 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 Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
These Terms of Use were last modified November 20, 2010.
