By using Twenga's open shopping platform or other Twenga services ("a search on Twenga"), you agree to be bound by the following terms and conditions (the "Terms of Service").
The sites featured on pages or links on Twenga are created by individuals or companies over which Twenga exerts no control. Products and links come from indices compiled by Twenga’s automatised systems and Twenga is unable to examine the content of these sites before their inclusion in these indexes. Any Twenga page is susceptible to generate products and links on Twenga (including links) associated with sites which may be considered unsuitable, of adult nature, indecent, etc. Twenga cannot guarantee that a search on Twenga will lead to inappropriate or offensive material being displayed. Twenga takes no responsibility for the content of sites (including links) included in the products and links on Twenga.
You are responsible for the photos uploaded to your profile and for the content you publish in the Review and Twenga IQ sections. You must agree not to publish or distribute through the Site any content which could be perceived as threatening, illegal, defamatory, abusive, insulting, malicious, obscene or fraudulent; content which violates copyright or privacy rights, incites violence or racial hatred; or content which is in any way indecent or harmful.
Search on Twenga is made available for your personal, non-commercial use only. You may not use a search on Twenga to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take any Twenga page or pages and reformat and display it or them, or mirror the Twenga home page or products and links on pages on your Web site. You may not "meta-search" Twenga. If you want to make commercial use of search on Twenga, you must enter into an agreement with Twenga to do so in advance. Please contact us for more information.
If you are interested in adding a Twenga search box to your web site or your company's web site, we encourage you to do so.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Twenga disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the products and links of a search on Twenga. Twenga disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Twenga disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through a search on Twenga.
SEARCH ON Twenga, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE Twenga SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Twenga AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Twenga AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SEARCH ON Twenga. Twenga AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH SEARCH ON Twenga. Twenga AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SEARCH ON Twenga OR RECEIVED THROUGH ANY LINKS PROVIDED BY SEARCH ON Twenga, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN A SEARCH ON Twenga.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF SEARCH ON Twenga AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL Twenga OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON SEARCH ON Twenga. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Twenga OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON SEARCH ON Twenga, FROM INABILITY TO USE SEARCH ON Twenga, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF SEARCH ON Twenga (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON SEARCH ON Twenga OR RECEIVED THROUGH ANY LINKS PROVIDED IN A SEARCH ON Twenga, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON SEARCH ON Twenga OR RECEIVED THROUGH ANY LINKS PROVIDED IN SEARCH ON Twenga. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SEARCH ON Twenga OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SEARCH ON Twenga. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Twenga or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Twenga.