Your use of THWAPR and the products, software, services and web site, including any mobile web applications (collectively the “Services”) is subject to the terms of a legal agreement between you, the subscriber, and THWAPR, whose address is 220 12th Avenue, New York, NY 10001.  For purposes hereof, our legal agreement includes the terms and conditions set forth herein, as well as our privacy policy and any other legal notices applicable to the  Services (collectively “the Agreement”).  Therefore, it is important that each subscriber to THWAPR take the time to review the Agreement, which constitutes a legal binding agreement between you and THWAPR.  You may print or electronically save a copy of the Agreement for your records.  By accessing the THWAPR website and/or using the Services, you are deemed to accept the Agreement and THWAPR will treat your use of the Services as acceptance of the terms of the Agreement from the time of first use.

Provision of Services.  THWAPR constantly strives to innovate its provision of the Services and THWAPR may, without notice, temporarily or perhaps permanently, cease providing the Services to you and other subscribers at THWAPR’s sole discretion.  You may stop using the Services at any time in your discretion, and there is no need to notify THWAPR when you stop using the Services.  You also agree that THWAPR may prevent you from accessing your account in which event you will not be able to access and use the Services, your account information or any files or content associated with your account. 

Use of Services.  THWAPR requires a certain amount of personal information via our registration process in order to provide you with access to the Services, and as part of your continued use of the Services.  You acknowledge that your registration information will be accurate when entered and/or updated by you from time to time.  You agree to only use the Services for the purposes permitted by these Terms of Use, our Privacy Policy and all applicable laws, regulations of governmental agencies having jurisdiction over the Services and regulatory guidelines in appropriate jurisdictions, including, without limitation, any laws regarding the exportation of data or software to or from the United States and other countries.  You also agree that you will only access the Services by the means provided by THWAPR, and not by any sort of automated means, e.g., scripts or web crawlers, and you shall comply with instructions provided by THWAPR.  You agree that you will not act in any manner that will interfere or disrupt the Services, including the network servers utilized by THWAPR in providing the Services.  No license is granted hereby to reproduce, duplicate, sell, trade or resell the Services for any purpose. On your mobile device, message and data rates may apply.

Passwords and Security.  Be smart about your password.  Do not provide your password or logon information to anyone.  You are solely responsible for maintaining the confidential nature of your password information.  You alone are responsible for what happens regarding use of the Services when accessed with your logon and password information.  If you do become aware of unauthorized use of your account, notify THWAPR via email: support@thwapr.com.

Content.  The term “Content” refers to all photographs, videos, images, data files, text and audio files that you may have access to via the Services and/or which you may create in connection with your use of the Services.  Some Content created by third parties may be protected by certain intellectual property rights of such third parties.  You cannot modify, sell, distribute or create derivative works based on such Content (whether in whole or in party) without a specific license granting you the right to do so by the owner(s) of such Content.  THWAPR reserves the right and ability to pre-screen, review, filter, flag, modify, refuse or remove any or all Content or restrict the use of such Content.  You acknowledge that by using the Services, you may be exposed to Content that you or other people may find offensive, indecent or objectionable and, in such respect, you agree to use the Services at your own risk.  You, and you alone, are responsible for any Content that you create, transmit or display in the course of using the Services, and, therefore, you bear responsibility (and hold THWAPR free and harmless) for any consequences resulting from your distribution of Content that you create, transmit or display.

Intellectual Property Rights.  THWAPR owns the Services and any related intellectual property rights, whether registered or not and in any jurisdiction in which those rights may exist.  No right or license is granted to you with respect to use of the trademarks owned by THWAPR in connection, indirectly or indirectly, with the Services.  THWAPR claims no intellectual property rights in your Content or the Content of third parties that is available via the Services.  By using the Services, you agree that you will not remove or obscure any notices of intellectual property rights, including copy right or trademark notices, attached to any Content or contained in the Services.  You also agree that by using the Services, you will not appropriate the trademarks, name or logo of third party Content owners in any way to create confusion about the true owner or authorized licensee of such marks, names or logos.

THWAPR’s License.  You are granted a personal royalty-free, non-assignable and non-exclusive license to use the Services and software related thereto.  This license is granted only to enable you to use the software and Services in the prescribed manner outlined herein and for no other purpose.  You are not permitted to copy, modify, create a derivative version of the Services or the software related thereto.

A License From You to Use Content.  By providing Content for display on or through the Services, you grant THWAPR a perpetual, non-exclusive, irrevocable, worldwide, perpetual and royalty-free license to translate, publish, display and distribute your content via the Services.  You also agree that  such license also permits THWAPR to make the Content available to other subscribers and users of THWAPR, as well as any business affiliates of THWAPR for use in connection with the Services.  Further, you agree that THWAPR may use its technical infrastructure to provide the Content via the Services over public networks and various media, including such changes to your Content as are necessary to adapt and/or optimize the Content for purposes of connecting networks, mobile devices or media.

Software Updates.  THWAPR may update the software utilized in connection with the Services and such updates may automatically download and install on your computer and/or mobile device.  Such updates are intended to improve, enhance and/or optimize the Services.  You agree to receive such updates and permit THWAPR to deliver the updates to you.

Term of Agreement.  The Terms of Use remain in full force and effect until modified by THWAPR and/or your use of the Services is terminated, whether in your discretion or by reason of some action taken by THWAPR.  You can terminate your use of the Services at any time by (i) closing your Account and (ii) ceasing to use the Services, If you chose to terminate your use of the Services, please follow the instructions on your personal Account page on the THWAPR website.  THWAPR may terminate the Services as provided herein, including any determination, in THWAPR’s sole discretion, that (i) you have violated the Terms of Use and/or any other THWAPR policy or (ii) continuing to provide the Services is no longer commercially viable.

Warranties.  You acknowledge and agree that use of the Services is at your some risk, and that the Services are provided ‘AS IS’ and ‘WHERE and AS AVAILABLE’.  No warranty or representation is made by THWAPR that: (i) use of the Services will satisfy your requirements; (ii) that use of the Services will be uninterrupted, secure or free from errors; (iii) that any information obtained through use of the Services will be true or correct; and (iv) that the Services, and any software, web interface and/or mobile interface, will be free of defects or, if defective, that such defects will be remedied or repaired.  Further, you agree that THWAPR has no responsibility for any damage to your computer system and/or mobile device, including any loss of data, that results from use of the Services and/or downloading of Content or software to your computer and/or mobile device.  THWAPR disclaims any warranties and/or conditions of any kind, whether express or implied, including any implied warranties and conditions of merchantability, non-infringement and fitness for any particular purpose.

Limitation of Liability.  You acknowledge and agree that THWAPR shall not be responsible or liable for any indirect, direct, incidental, special, consequential or exemplary damages that you may suffer or incur as a result of using the Services, inclusive of loss of profit (whether incurred indirectly or directly), loss of goodwill or reputation, loss of data, or other intangible losses.

Off-Site Content and Links.  THWAPR may incorporate display advertising in connection with the Services from various affiliates.  Such advertising may be oriented to the Content.  Any such advertising is subject to change and/or removal at any time without notice.  By using the Services and providing and/or viewing Content, you agree that THWAPR may incorporate such advertising in connection with the Services.

Cookies. THWAPR uses alphanumeric identifiers, i.e., ‘cookies’, that are transferred to your computer’s hard drive via your Web browser.  Cookies enable our systems to recognize your browser as belonging to you, and they tell show and when pages of the THWAPR website are visited by you, and also by how many other people.  Cookies do not collect any personal information, and THWAPR does not use personal information you supply with information gathered by cookies to tell us anything you do not want us to know.

Opt-out of SMS. To opt-out of receiving SMS alerts, text the Thwapr shortcode 757575 with the keyword STOP. For help via SMS, text HELP to 757575.

Ability to Accept Terms of Use. You affirm that you are over the age of 13, as the Thwapr product service is not intended for children under 13. If you are under 13 years of age, please do not use Thwapr. In addition, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Changes to Terms of Use.  As previously stated, THWAPR can make changes to the Terms of Use from time to time without notice.  Whenever THWAPR does make changes, THWAPR will post new Terms of Use at http://www.thwapr.mobi/terms.aspx and such Terms will be available via the THWAPR website and/or through use of the Services.