1. GENERAL

These Terms of Use govern all the services delivered by the web agency DOODLE SPRL (chaussée d’Alsemberg, 367 - 1190 Brussels - tel : +32/7.848.16.29 - VAT BE 0818.100.275 - Brussels business register - contact__AT__livetweetapp.com) under the name "LiveTweetApp", including the website www.livetweetapp.com developed by DOODLE SPRL. They replace any other agreement, understanding or communication, written or oral regarding such subject matter and shall take precedence over the User’s own terms and conditions. In addition, the use of particular services may be subject to Specific Terms.

If the User does not accept these Terms of Use, it is not granted rights to use the LiveTweetApp solution.

The User expressly warrants that it has the legal age to form a binding contract and, if it is registering on behalf of an entity, that it is authorized to enter into, and bind the entity to, these Terms of Use. The LiveTweetApp solution is not available to Users who are younger than 18 years old.

If one of the stipulations of these Terms of Use proves to be non-applicable or contrary to a stipulation or imperative law, this non-applicability will have no effect on the validity or the applicability of the other stipulations.

2. ACCEPTANCE

a) The User is a professional:

Accessing the website www.livetweetapp.com or using the LiveTweetApp solution (for instance by creating an account) implies full acceptance of these Terms of Use which may be updated at any time. The then-current Terms of Use may be reviewed at: https://app.livetweetapp.com/legal/terms. To update these Terms of Use, DOODLE will post the changed version and mention its effective date at https://app.livetweetapp.com/legal/terms. If the User chooses to continue to use the LiveTweetApp solution after the posting of changes to these Terms of Use, those changes will be considered as fully accepted by the User.

b) The User is a consumer:

These Terms of Use are fully accepted by the User by clicking the “Accept” button before submitting the electronic registration form.

Upon successful registration, the User will be sent a confirmation email to the provided address, containing the applicable Terms of Use in pdf form as attachment and mentioning their effective date.

Concurrently with any changes to these Terms of Use, DOODLE will email notice of the change to the User and ask for acceptance of the new version of the Terms of Use. If The User does not agree with the changes, it will be free to terminate the agreement without any right to claim for reimbursement of the amounts already paid.

3. DESCRIPTION OF THE SERVICES

LiveTweetApp is an online solution to help Users search, moderate and beautifully display tweets on a (big) screen.

Free plan allows the User to search for tweets and choose up to 30 tweets to display on three output modes: (a) Live Mode : displaying one tweet at a time, fading; (b) Poster Mode : displaying all tweets, side by side; or (c) Timeline Mode : displaying latest tweets, sliding from top to bottom. Additional Pro Packages can be purchased allowing access to the following Pro features: (a) outputs customization such as colors, logos and background image; (b) moderation of an unlimited number of tweets; or (c) display of tweets' embedded pictures, for a chosen duration selected during purchase process. Once the Pro Package is paid, it is added to the User’s account and may be activated within 365 days from the date of payment. Once activated, the Pro Package grants uninterrupted access to the Pro features for the selected duration, which is of maximum 7 days. At the end of this period, the User gets back to the Free plan.

4. TECHNICAL REQUIREMENTS

In order to be able to access and use the LiveTweetApp solution, the User is required to have:

1. a browser which accepts cookie files (for more details please see – https://app.livetweetapp.com/legal/privacy);
2. a supported browser version (Firefox > 20, Google Chrome > 27, Safari > 6, Opera 16, Internet Explorer 10);
3. a valid Twitter account (which can be created for free at http://twitter.com/ and under the following Terms of Service: https://twitter.com/tos); and to authorize the LiveTweetApp solution to read Tweets from its timeline and to see who it is following – procedure is described here : https://support.twitter.com/articles/76052-how-to-connect-and-revoke-third-party-applications)
4. an e-mail address;
5. Internet access.

In no event shall DOODLE be liable for problems resulting from not complying with these requirements.

5. REGISTRATION

The User may browse the website without registering, but as a condition to access the LiveTweetApp solution, it is required to create an account and to provide DOODLE with accurate and complete registration information (including its first name, last name, user name, e-mail address and password) as well as to keep its registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of the User’s account.

The User shall not:

• create any account for anyone other than itself without such person's permission;
• use a user name that is the name of another person with the intent to impersonate that person;
• use a user name or LiveTweetApp account that is subject to any rights of a person other than it without appropriate authorization;
• use a user name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
• use its account in violation of the TWITTER’s Terms of Service, which are fully and expressly accepted by the User (see https://twitter.com/tos).

DOODLE reserves the right to refuse registration or to close an account in its sole discretion. The User is solely responsible and liable for activity that occurs on its account and shall be responsible for maintaining the confidentiality of its LiveTweetApp login and password. The User shall never use another user's account without such other user's prior express permission. The User will immediately notify DOODLE in writing of any unauthorized use of its account, or other account related security breach of which it becomes aware.

6. CONTENT

All material or immaterial elements (such as information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that User, and not DOODLE, is entirely responsible for all content that it uploads, posts, emails or otherwise transmits by using the LiveTweetApp solution.

DOODLE does not control the content posted or hosted via its services and, as such, does not guarantee the accuracy, integrity or quality of such content.

7. PRICING AND PAYMENT

In addition to the free plan, which is free of any charges, additional Pro Packages can be purchased for a chosen duration selected during purchase process, at the price of 35 euros, tax not-included, per 24 hours periods.

Payments can be made through Visa®, Mastercard®, American Express®, Discover®, JCB®, PayPal™ and Wire transfer. They are accepted in Euros, US Dollar and nine other major currencies.

Foreign currency conversions are given as guidance only and are non-binding. Only the currency confirmed at the time of payment is guaranteed.

The User shall be responsible to pay the applicable taxes, including without limitation VAT if applicable.

Bank and other charges resulting from international transfers or exchange rate fluctuations are entirely at the User’s expense. DOODLE reserves the right to immediately increase its prices due to new taxes or an increase in existing tax rates.

DOODLE outsources all payment processing to FastSpring, who will calculate and notify to the User the due amount, including the applicable VAT or other taxes. DOODLE does not have access to credit card numbers and certain other payment information submitted to FastSpring as a result of the payment process. The User agrees to provide FastSpring with a valid credit card and accurate, complete and updated information required by the subscription registration form. Failure to comply may result in the immediate suspension or termination of the services provided hereunder.

FastSpring provides 24/7 customer service for payment and download problems. For further information about purchasing through FastSpring, please read: http://www.fastspringsoftware.com/.

8. SPECIAL PROVISION FOR CONSUMERS : NO RIGHT OF WITHDRAWAL (art. VI.73, 13° of the Belgian Code of Economic Law)

In principle, the Consumer may withdraw from an off-premises service contract without giving any reason and at no cost, for a period of 14 days starting on the day of concluding the contract. This right does not apply to natural or legal persons acting in their commercial or professional capacity.

Nevertheless, the Consumer expressly acknowledges that he has lost this right of withdrawal in this case since the contract covers the supply of digital content which is not supplied on a tangible medium and whose performance has begun with the Consumer’s explicit prior consent.

9. INTELLECTUAL PROPERTY AND LICENSE

1. DOODLE is eligible for all intellectual property rights (as owner, joint owner or licensee) applicable on all elements of a material and/or immaterial nature that are created or used for providing the LiveTweetApp solution and any other services hereunder.

Under no circumstances shall this agreement be construed as an assignment, license or transfer of DOODLE’s intellectual property rights, or as a waiver of these rights, in whole or in part, unless expressly specified in this agreement.

Furthermore, the User expressly acknowledges that TWITTER owns all right, title and interest in and to the TWITTER Content, TWITTER account, TWITTER Marks, and the TWITTER service (and any derivative works or enhancements thereof), including but not limited to all intellectual property rights therein, and commits itself to respect these rights as well as any other intellectual property rights of third parties.

2. By creating a LiveTweetApp account, the User gives DOODLE a worldwide, royalty-free and non-exclusive license, for the entire duration of this agreement, to reproduce, adapt, modify, translate, publish, and distribute the content that it has submitted, posted or displayed on its TWITTER account, for the sole purpose of enabling DOODLE to provide it with the LiveTweetApp solution or any other services provided hereunder.

DOODLE gives the User a personal, worldwide, royalty-free, non-assignable and non-exclusive license, for the entire duration of this agreement, to use the software that is provided by DOODLE as part of the services. This license is for the sole purpose of enabling the User to use and enjoy the benefit of the services as provided by DOODLE, in the manner permitted by these Terms of Use.

3. The User agrees that DOODLE, in its sole discretion, may use its trade names, trademarks, service marks, logos, domain names and other distinctive signs in presentations, marketing materials, customer lists, financial reports and website listings (including links to the User’s website) for the sole purpose of advertising or publicizing its use of the LiveTweetApp solution.

10. PRIVACY POLICY

DOODLE values your privacy and is committed to maintaining the security and confidentiality of your data. Complete information on DOODLE’s policy with regard to the protection of its User’s privacy can be found on the Privacy Policy page https://app.livetweetapp.com/legal/privacy, which forms an integral part of these Terms of Use.

11. HYPERLINKS

This website and the LiveTweetApp solution may provide hyperlinks to other websites. These hyperlinks are provided for information only. DOODLE has not verified the content of these websites and can never be held liable for the accessibility of these websites or the information published on them. Furthermore, the provision of links does not mean that DOODLE approves the content of these websites. DOODLE shall not be liable, directly or indirectly, for any damage or loss incurred or suffered by any User or third party in connection therewith.

12. ASSIGNMENT

Under no circumstances may the User transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Use.

The User hereby agrees that DOODLE may transfer, sub-contract or otherwise deal with any or all of its rights and/or obligations under these Terms of Use.

13. SUSPENSION AND TERMINATION

1. The agreement is concluded for an indefinite period.
Nevertheless, DOODLE may suspend or terminate the User’s account or cease providing User with all or part of the LiveTweetApp solution or any other services provided hereunder, without prior notice, in case of: (a) violation of these Terms of Use, of the TWITTER Terms of Service or of the applicable laws; (b) sharing User’s account for access to third parties; (c) lack of timely payment for at least one period; (d) no longer providing the services to users in the country in which you are resident or from which you use the service because of legal requirements.

DOODLE will make reasonable efforts to notify the User by the email address associated with its account or the next time the User attempts to access its account.

In case of termination of a User’s account, DOODLE may immediately deactivate or delete User's account and/or prevent any further access to such files or services. DOODLE shall not be liable to any User or other third party for any suspension or termination of that User's access or account hereunder.

In case of suspension or termination of the TWITTER account linked to the LiveTweetApp account, the User will no longer be granted access to the LiveTweetApp solution, until a valid TWITTER account is linked to the LiveTweetApp account.

2. For his part, the User may end its legal agreement with DOODLE at any time and for any reason, by deactivating its account and discontinuing its use of the LiveTweetApp solution, without any right to claim for reimbursement of the amounts already paid.

The provisions of Sections 9.1, 9.3, 10, 11, 14 and 15 shall survive the termination, cancellation or expiry of the agreement.

14. INDEMNITY - DISCLAIMER OF WARRANTIES - LIMITATION OF LIABILITY

1. Each User shall indemnify, defend and hold harmless DOODLE and its officers, employees and agents, from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party (including TWITTER and any of its subsidiaries or affiliates) arising out of or in connection with: (a) any act or omission in connection with the use of the LiveTweetApp solution or any other services provided hereunder; (b) the use of the LiveTweetApp solution or any other services provided hereunder other than as expressly allowed by this agreement; or (c) any breach or alleged breach made by the User of any of the terms, restrictions, obligations or representations under this agreement or under TWITTER’s Terms of Service.

2. This website and the LiveTweetApp solution, as well as any other services provided hereunder, are provided on an "as is" and "as available" basis.

DOODLE reserves the right at any time to modify or discontinue, temporarily or permanently, the access to the LiveTweetApp solution with notice to the User, or immediately in the event of technical difficulties.

DOODLE commits to supplying the User with the best service possible, but it will not be held responsible for any technical issues independent of its will, such as power cuts, line overload or equipment breakdown, or resulting from any update, change (including but not limited to the features of the services or concerning the limits on use and storage), suspension or termination of the services provided by TWITTER.

DOODLE shall not be liable to any User or other third party for any such modification, suspension, discontinuance, termination, or other technical issues, including loss or destruction of data, except as provided in a prior written agreement.

3. DOODLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR OF COMPATIBILITY WITH THE VERSION OF OPERATING SYSTEMS USED BY THE USER TO ACCESS THE LIVETWEETAPP SOLUTION. DOODLE DOES NOT WARRANT THAT THE LIVETWEETAPP SOLUTION AND ANY OTHER SERVICES PROVIDED HEREUNDER WILL MEET ALL OF THE USER’S REQUIREMENTS OR THAT THE USE OF SUCH SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE.

4. Except for instances of wilful misrepresentation or fraud, DOODLE can never be held liable for any direct, indirect or consequential losses (including loss of use, data, business or profits) arising out of or in connection with: (a) this agreement; (b) the use of the LiveTweetApp solution or of any other services provided hereunder; (c) the content, use, suspension or termination of the User’s TWITTER account; or (d) the payment processing outsourced to a third party processor, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, even if DOODLE or one of its suppliers has been notified of the possibility of such loss or damage.

IN NO EVENT SHALL DOODLE BE LIABLE TO COMPENSATE ANY DAMAGE EXCEEDING THE AGGREGATE FEES PAID TO DOODLE BY THE USER FOR ACCESS TO THE LIVETWEETAPP SOLUTION IN THE LAST YEAR.

Some countries or jurisdictions do no accept the exclusion or limitation of liability in the event of indirect or consequential damage, so that this limitation cannot be applied to the concerned Users.

15. APPLICABLE LAW AND JURISDICTION

Any disputes related to or ensuing from this website or from the LiveTweetApp solution, or from their use, shall be governed and construed in accordance with the laws of Belgium. The courts of Brussels are exclusively competent to rule on these disputes and the proceedings will take place in French.

A printed version of these Terms of Use and any notice in electronic form will be accepted in any legal or administrative proceedings ensuing from or relating to these Terms of Use, in the same way and on the same conditions as any other document or commercial register established and kept in print.

16. COMPLAINTS

Any complaint concerning this website or the LiveTweetApp solution may be reported at contact__AT_livetweetapp.com or at DOODLE SPRL - chaussée d’Alsemberg, 367 - 1190 Brussels and shall be handled within 3 working days. A complaint can under no circumstances justify interruption, suspension or withholding of payment.