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Read the blog post by Iain Dodsworth >"/></a> <div class="cols1"> <h2>Terms of Service</h2> <p class="intro">PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE REGISTERING WITH TWEETDECK, USING THE SERVICES OR DOWNLOADING ANY APPLICATIONS OFFERED AT <a href="https://web.archive.org/web/20111127032426/http://tweetdeck.com/">WWW.TWEETDECK.COM</a> OR ANY AFFILIATED SITES (COLLECTIVELY, THE "SITE"). IF YOU DO NOT AGREE TO ALL THESE TERMS, YOU DO NOT HAVE ANY RIGHT TO USE THE SITE OR SERVICES. TWEETDECK’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY TWEETDECK, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.</p> <p>TweetDeck, Inc. ("TweetDeck") provides a personal browser and related services for you to organize and optimize your social networking by integrating your social network posts and feeds from other sites, services, applications and widgets (the Site, together with such services referred to as the "Services"), including Twitter, Facebook, LinkedIn, MySpace, Google Buzz, Foursquare, and others ("Third Party Services"). These Terms apply to all users of the Services including users who contribute content, information and other materials or services via the Services. The Services are accessed by you ("User" or "you") under the following terms and conditions: </p> <h3>1. ACCESS</h3> <p>Subject to these Terms, TweetDeck may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services TweetDeck performs for you, any applications or widgets that you download from the Site, as well as the offering of any materials displayed or performed on or through the Services (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content"). You acknowledge that use of the Services may involve the access and use of feeds, information and data from Third Party Services. All use of Third Party Services is subject to such third party’s terms and conditions and policies. Some TweetDeck Services may be subject to additional policies, terms and conditions posted by TweetDeck; your use of such Services is subject to these additional policies, terms and conditions, which are incorporated into these Terms.</p> <h3>2. ELIGIBILITY</h3> <p>You certify to TweetDeck that if you are an individual you are at least 13 years of age and that you are of legal age to form a binding contract. If you are accessing the Services on behalf of an entity you represent and warrant that you have authority to bind the entity to these Terms. You also certify that you are legally permitted to use and access the Services, and take full responsibility for the selection and use and use of the Services. These Terms are void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. TweetDeck may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.</p> <h3>3. MODIFICATION</h3> <p>TweetDeck may change, suspend or discontinue the Services for any reason, at any time, including the availability of any application, widget, feature, database, Content or Third Party Service. TweetDeck may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. TweetDeck reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the Site, sending you a message through the Service or by sending you a notice via e-mail to the e-mail address you provided to TweetDeck as part of the registration process. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the modified Terms.</p> <h3>4. AVAILABILITY</h3> <p>TweetDeck will use reasonable efforts to ensure that the Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Furthermore, TweetDeck has no control over the availability of any Third Party Service, which may impact your use of the Services. Every reasonable step will be taken by TweetDeck to minimize such disruption where it is within TweetDeck’s reasonable control. YOU AGREE THAT TWEETDECK WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT, OTHER CONTENT OR ANY THIRD PARTY SERVICE.</p> <h3>5. REGISTRATION AND SECURITY</h3> <p>As a condition to using Services, you may be required to supply TweetDeck with certain registration information, including registration information for Third Party Services you access through TweetDeck’s Services. You shall provide TweetDeck with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your access to and/or use of the Services. TweetDeck reserves the right to refuse registration, or cancel a username in its discretion. You shall be responsible for maintaining the confidentiality of your TweetDeck password.</p> <dl> <dt>You may not:</dt> <dd>select or use as your username a name of another person with the intent to impersonate that person;</dd> <dd>use as your username a name subject to any rights of a person other than you without appropriate authorization;</dd> <dd>use as your username a name that is otherwise offensive, vulgar or obscene; or</dd> <dd>use another User’s account or registration information, for TweetDeck or any Third Party Services you access through TweetDeck, without permission.</dd> </dl> <p>You hereby irrevocably authorize TweetDeck to disclose your personally identifiable information at the request of any state, federal or other governmental agency or in response to any judicial process (including, without limitation, a subpoena).</p> <p>Electronic Communications Privacy Act Notice (18 USC 2701 -2711): TWEETDECK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED VIA THE SERVICE OR THROUGH ANY THIRD PARTY SERVICE. TweetDeck will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information or any other content stored on TweetDeck’s equipment, transmitted over networks, accessed by or otherwise connected to your use of the Services.</p> <h3>6. THIRD PARTY SERVICES</h3> <p>Users of the Services may gain access to Third Party Services. Third Party Services are not within the supervision or control of TweetDeck. Unless explicitly otherwise provided, TweetDeck makes no representations or warranties whatsoever about any Third Party Service, or endorse the products or services offered through such Third Party Service. TweetDeck disclaims: (a) all responsibility and liability for Third Party Services and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of Third Party Services. You hereby irrevocably waive any claim against the Services or TweetDeck with respect to such third party sites, content, services, applications or widgets. You acknowledge and agree that in addition to these Terms, any use of Third Party Services is subject to, and you shall comply with, the terms and conditions applicable to such Third Party Services.</p> <h3>7. CONTENT OF THE SITE AND SERVICES</h3> <p>You may, to the extent the Services expressly authorize you to do so, download or copy software, applications, widgets and other materials accessible via the Services, and other items displayed via the Services for download, for your use only, provided that you maintain all copyright and other notices. You shall not store any significant portion of any Content in any form. All trademarks, service marks, and trade names which appear through the Services (other than those appearing in any Content posted by a User) are proprietary to TweetDeck and/or third parties. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.</p> <p>You acknowledge and agree that if you use any of the Services to contribute Content to the Services or Third Party Services ("User Content"), you hereby do and shall grant TweetDeck a non-exclusive, worldwide, royalty-free, transferable, sublicensable right to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform and otherwise fully exploit such User Content (including all related intellectual property rights) in any media format and through any media channel and to allow others to do so. You also hereby do and shall grant each user of the Services a nonexclusive license to access your User Content through the Services and to use such User Content as permitted through the functionality of the Services and under these Terms. You warrant, represent and agree that you have the right to grant TweetDeck and the Services the rights set forth above.</p> <dl> <dt>You represent, warrant and agree that you will not contribute any User Content that:</dt> <dd>infringes, violates or otherwise interferes with any copyright or trademark of another party;</dd> <dd>reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it;</dd> <dd>infringes any intellectual property right of another or the privacy or publicity rights of another;</dd> <dd>is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party;</dd> <dd>contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; or</dd> <dd>remains posted after you have been notified that such User Content violates these Terms.</dd> </dl> <dl> <dt>You understand and agree that:</dt> <dd>TweetDeck has no special relationship with or fiduciary duty to you;</dd> <dd>TweetDeck has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content;</dd> <dd>the Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate;</dd> <dd>TweetDeck reserves the right to remove any User Content from the Services at any time, for any reason or for no reason;</dd> <dd>TweetDeck shall have the right to reformat, excerpt or translate any User Content submitted by you;</dd> <dd>all information publicly or privately transmitted through the Services is the sole responsibility of the person from whom such information originated;</dd> <dd>you are responsible for all of your activity in connection with the Services;</dd> <dd>you are responsible for whatever material you submit, and you, not TweetDeck, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright;</dd> <dd>you will abide by all applicable local, state, national and international laws and regulations;</dd> <dd>TweetDeck cannot guarantee the identity of any other Users with whom you may interact in the course of using the Services or the authenticity of data provided by other Users; and</dd> <dd>you are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username.</dd> </dl> <p>Any comments, suggestions, or feedback relating to the Services (collectively "Feedback") submitted to TweetDeck shall become the property of TweetDeck or its designee. TweetDeck will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.</p> <h3>8. RESTRICTIONS.</h3> <dl> <dt>You may not (directly or indirectly):</dt> <dd>post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TweetDeck user;</dd> <dd>use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes;</dd> <dd>transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;</dd> <dd>run Maillist, Listserv, any form of auto-responder, or spam through the Services;</dd> <dd>modify, translate, or otherwise create derivative works of any part of the Services;</dd> <dd>decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of any Service, except to the limited extent applicable laws specifically prohibit such restriction;</dd> <dd>copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or</dd> <dd>modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.</dd> </dl> <h3>9. DISCLAIMER/RELEASE</h3> <p>You release TweetDeck from all liability for your having acquired or not acquired Content through the Services. TweetDeck makes no representations concerning any content contained in or accessed through the Services, and TweetDeck will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.</p> <p>TO THE FULLEST EXTENT ALLOWED BY LAW, TWEETDECK DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF CONTENT OR SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT TWEETDECK IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT POSTED BY USERS; (4) THE TEMPORARY OR PERMANENT INABILITY TO ACCESS OR RETRIEVE ANY USER CONTENT FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM; (5) CONTENT POSTED IN ANY FORUM OR COMMUNITY AREA OF THE SERVICES; OR (6) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION OR DATA RESULTING FROM THE UPLOAD, DOWNLOAD OR STORAGE OF CONTENT.</p> <h3>10. INDEMNITY</h3> <p>You will indemnify and hold TweetDeck, its directors, officers, employees, agents, and representatives harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of these Terms, or your infringement, or the infringement by any third party using your registration information, of any intellectual property or other right of any person or entity.</p> <h3>11. LIMITATION OF LIABILITY</h3> <p>IN NO EVENT SHALL TWEETDECK, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SERVICES, ERRORS OR OMISSIONS; OR (4) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT, APPLICATIONS, WIDGETS OR SOFTWARE. TWEETDECK’S COLLECTIVE LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THREE HUNDRED UNITED STATES DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.</p> <h3>12. TERMINATION</h3> <p>Either party may terminate the Services at any time by notifying the other party by any means. TweetDeck may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Any fees paid hereunder are non-refundable. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. </p> <h3>13. PRIVACY</h3> <p>Please review our <a href="/web/20111127032426/http://www.tweetdeck.com/privacy/">Privacy Policy</a>, which governs the use of personal information by TweetDeck and to which you agree to be bound as a user of the Services.</p> <h3>14. DISPUTE RESOLUTION</h3> <p>A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and TweetDeck agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.</p> <p>These Terms shall be governed by and construed in accordance with the laws of the New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in New York, New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.</p> <h3>15. MISCELLANEOUS</h3> <p>The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TweetDeck shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TweetDeck’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with TweetDeck’s prior written consent. TweetDeck may transfer, assign or delegate these Terms and its rights and obligations without consent. Both parties agree that these Terms, together with the Privacy Policy, Copyright Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TweetDeck in any respect whatsoever. Any notice to the TweetDeck that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to <a href="https://web.archive.org/web/20111127032426/mailto:legal@tweetdeck.com">legal</a> or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to TweetDeck, Inc., c/o Betaworks Studio, LLC, 416 West 13th Street, Suite 203, New York, NY 10014, Attn: Legal.</p> <p>Copyright 2011 TweetDeck, Inc. All rights reserved.</p> <p><strong>Last Updated: </strong>February 22nd, 2011</p> <h2>Copyright Policy</h2> <p>TweetDeck has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (<a href="https://web.archive.org/web/20111127032426/http://lcweb.loc.gov/copyright/legislation/dmca.pdf">http://lcweb.loc.gov/copyright/legislation/dmca.pdf</a>) and other applicable laws. The address of TweetDeck’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is TweetDeck’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through TweetDeck Site or Service infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to TweetDeck, Inc., Attn: Legal (Copyright Agent), c/o Betaworks Studio, LLC, 416 West 13th Street, Suite 203, New York, NY 10014, Phone: 646.839.8575, containing the following information:</p> <dl> <dd>A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;</dd> <dd>Identification of works or materials being infringed;</dd> <dd>Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that TweetDeck is capable of finding and verifying its existence;</dd> <dd>Contact information about the notifier including address, telephone number and, if available, e-mail address;</dd> <dd>A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and </dd> <dd>A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.</dd> </dl> <p>Once proper infringement notification is received by the Designated Agent, it is TweetDeck’s policy to remove or disable access to the infringing Content and to notify the Content provider or User that it has removed or disabled access to the Content; that repeat offenders will have the infringing Content removed from the Service and that TweetDeck will terminate such content provider’s or User’s access to the Site and the Service.</p> <p>In the event that TweetDeck notifies User that TweetDeck has received proper infringement notification about User’s Content, User may elect to send TweetDeck a counter notice.</p> <p>Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.</p> <p>The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: <a href="https://web.archive.org/web/20111127032426/http://www.copyright.gov/legislation/dmca.pdf">http://www.copyright.gov/legislation/dmca.pdf</a></p> <p>To file a counter notification with TweetDeck, User must provide the following items to us in writing:</p> <dl> <dd>The specific URLs of material that TweetDeck has removed or to which TweetDeck has disabled access. </dd> <dd>User’s name, address, telephone number, and email address. </dd> <dd>A statement that User consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. </dd> <dd>The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” </dd> <dd>User’s signature.</dd> </dl> <p>Send the written communication to the following address:</p> <p>TweetDeck, Inc.<br/> c/o Betaworks Studio, LLC<br/> 416 West 13th Street<br/> Suite 203<br/> New York, NY 10014<br/> Attn: Legal (DMCA Counter-Notification)<br/> Tel: 646.839.8575<br/> Email: <a href="https://web.archive.org/web/20111127032426/mailto:legal@tweetdeck.com">legal@tweetdeck.com</a></p> <p>After we receive User’s counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes User’s personal information. By submitting a counter-notification, User consents to having User’s information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. </p> <p>After we send out the counter-notification, the claimant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on TweetDeck. If we receive such notification we will not display, distribute or otherwise exploit the material. If we do not receive such notification, we may elect to do so.</p> </div> </div>  </div>  <div id="footer_container"> <div id="footer"> <div id="recognition" class="cf"> <blockquote class="png"> <p class="png">Tiny programs that make Twitter easier to use... 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