This document is a legal agreement for use of Followerwonk.com ("Software Service"), which includes a Web site and its related computer software (including databases, operating systems, and programming languages), computer hardware (including servers and backup servers), networking, documentation, and associated media, as well as interaction with third-party applications including Twitter.com, between you ("User" or "you") and Fox and Geese LLC doing business as Followerwonk.com and Follower Wonk ("Wonk", "we", or "us").
By accessing, creating an account, authorizing use of your Twitter.com account, logging in, or otherwise using Software Service, you agree to be bound by the Terms of this Agreement. If you do not agree to the Terms of this Agreement, you may not use Software Service. These Terms of Service are subject to change without any prior notification. We are not affiliated with Twitter.com Copyright Software Service, save for third-party applications, services, or data, is Copyright 2010-2011, Followerwonk.com. All rights reserved. No part of these pages or this site may be reproduced, posted, stored, distributed, displayed, published, broadcast, or transmitted without the prior wirtten permission of Wonk. We do not claim copyright of any information, including tweets, Twitter biographies, or images, obtained from Twitter.com or third-parties. Use of Software Service Use is solely responsible for use of Software Service, and any and all results resulting from use of Software Service. You agree not to use Software Service to circumvent, bypass, or violate Terms of Service or other contracts with third-parties. You agree not to use Software Service to spam Twitter or engage in any questionable behavior on Twitter. Indeed, you agree to use Software Service solely in a manner consistent with Twitter.com's Terms of Service. You recognize, however, that we do not monitor Twitter's Terms of Service, and it is your responsibility to ensure that any use of our Software Service is in accordance with Twitter's Terms of Service. Indemnification User agrees to defend, indemnify and hold harmless Wonk and its shareholders, directors, officers, employees, agents, affiliates, and any person or entity involved in creating, producing, servicing, or distributing Software Service from and against all claims and expenses, including attorneys' fees, arising out of use or misuse of Software Service, technical glitches, bugs, security weaknesses, unauthorized access in or to Software Service, unauthorized access in or to your account on Software Service, or unauthorized access in or to your Twitter.com account, or any other result arising out of Software Service. Disclaimers User expressly agrees that use of Software Service is at User's sole risk. You agree that Software Service is provided "as is" and without warranties of any kind either express or implied. You also understand and agree that, while we make every effort to ensure that Software Service does not contain any security weaknesses, we are not responsible for any data loss, hacker attacks, backdoors, privacy breaches, trojan horses, or other security or data incidents resulting from use of Software Service, or from our installation services, installation advice, or digital or telephonic communications related to use of Software Service. You understand that we do not claim that the data on our site is complete, comprehensive, accurate, or timely. We make our best efforts to keep our data fresh and up-to-date via Twitter and other third-party APIs, but it is impossible to guarantee that our data is up-to-the-minute accurate. To the fullest extent permissible pursuant to applicable law, Wonk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TS does not warrant that this site or its Software Service will be uninterrupted, secure, error-free, bug-free, virus-free, or that defects will be corrected. Refunds and Cancellations If you choose to purchase a paid subscription or credits to use in Software Service, we will gladly refund your payment within 30 days of purchase. We do not offer refunds on credit purchases. As well, all purchased credits expire within 30 days from date of purchase. To cancel any active subscriptions, please follow the cancellation instructions from within the Subscriber section. Altnernatively, you may email us at support(at)followerwonk.com or telephone at 503-231-7383 (email is generally faster). Additional Legal Notices We reserve the right to cancel your account, or restrict your account, at any time for any reason. Violation of any provision of this Agreement may result in the immediate suspension or cancellation of User's account. User further understands that such cancellations will not entitle user to any refund of any amounts paid for use of Software Service. User understands that Wonk may discontinue or modify existing features at any time. User understands that we may "mothball" non-subscriber accounts who have not logged into Software Service for a long period of time. Any failure by Wonk to enforce any of the rights specified in the Terms or applicable laws shall not constitute a waiver of such right. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you, Wonk, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect. It is your responsibility to determine if use of Software Service is in violation of any local, state, regional, or national laws. Under no circumstances shall Wonk ever be liable for an amount greater than the price you paid for the Software Service. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any rights not expressly granted herein are reserved.