Twackle Terms of Use

These Terms of Use govern your use of the websites, applications, widgets, content, software, functionality, and services offered through or by www.twackle.com (the “Website”). The Website is provided by Octagon, Inc. (“Octagon”).

YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE AND THE WEBSITE PRIVACY POLICY. YOU MAY NOT USE THE WEBSITE UNLESS YOU AGREE TO THE TERMS OF USE AND THE WEBSITE PRIVACY POLICY.

1. Termination of Use. Octagon shall be free to terminate your access to all or part of the Website at any time and for any or no reason. In addition, your right to use the Website or any products, services, or software made available through the Website shall automatically terminate if you violate these Terms of Use or any rules or guidelines posted in connection with the Website or any products, services, or software made available through the Website.

2. Modifications to the Terms of Use. Octagon shall be free to modify these Terms of Use at any time and for any or no reason without providing notice. It is your responsibility to periodically review these Terms of Use for any modifications.

3. Additional Terms. Certain products, services, or software made available through the Website may require compliance with additional rules and/or guidelines. By accessing or using such products, services, or software you agree to such additional rules and/or guidelines. You may not use such products, services, or software without agreeing to such additional rules and/or guidelines.

4. Electronic Notice. You agree to receive electronic notices from Octagon made available either via the Website or through an email or instant messaging address provided by you to Octagon.

5. Privacy Policy. The Website Privacy Policy governs Octagon’s collection and use of your information while using or accessing the Website, including any products, services, or software made available through the Website.

6. Changes to the Website. Octagon is free to modify or disable the Website, including any products, applications, widgets, services, or software made available through the Website, at any time and for any or no reason without providing notice.

7. Unsolicited Commercial Messages. You are prohibited from using the Website or any Website communications or computer networks to transmit, directly or indirectly, any unsolicited commercial messages (including emails and instant messages).

8. Your Responsibilities and Use of the Website.

1. You may use the Website only for personal, non-commercial purposes.
2. In order to access or use certain products, services, or software made available through the Website, you may be required to provide certain information about yourself. You agree that any such information will be accurate and up to date. Octagon shall be free to use such information in accordance with the Website Privacy Policy.
3. You agree that you shall use the Website only in compliance with these Terms of Use, any other additional rules or guidelines, and any applicable law, regulation, practice, or guideline. You shall not use or attempt to use the Website to distribute content or messages that are threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or invasive of a third party’s privacy. You shall not use the Website to distribute inappropriate or sexually explicit material. In addition, you shall not use the Website to violate Octagon’s or a third party’s rights, including any intellectual property rights.
4. You agree that you shall only access, attempt to access, use, or attempt to use the Website through the interface provided, or otherwise authorized, by Octagon. You shall not access the Website through any automated means, including, but not limited to, bots, scripts, automated data mining processes, and web crawlers, unless specifically authorized in writing by Octagon. You will not use the Website to distribute or in any manner use viruses or other harmful or unauthorized computer viruses, software, or applications. You may not adapt, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code from the Website, including any software made available through the Website, frame any portion of the Website, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, or otherwise distribute the Website without Octagon’s prior written consent.
5. You will not disrupt or interfere, or attempt to disrupt or interfere, with the Website.
6. You will not in any manner assist or enable any third party to violate these Terms of Use.
7. You agree that you are solely responsible for your breach of these Terms of Use, including any liabilities resulting from any such breach.
8. THE WEBSITE, INCLUDING ANY SERVICES, APPLICATIONS, PRODUCTS, OR SOFTWARE MADE AVAILABLE BY OR THROUGH THE WEBSITE, IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE WEBSITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

9. Proprietary Rights. You acknowledge and agree that as between Octagon and you, Octagon owns all legal rights, title, and interest in and to the Website, including, but not limited to, the look and feel of the Website and any software, images, audio, and video. Nothing herein gives you a right to use any of Octagon’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.

10. Your Content. You retain copyright and any other rights you already hold in content, text, information, screen names, graphics, photos, profiles, audio and video clips, links or other information (collectively, “Content”) which you submit, post, distribute, or display on or through the Website. By submitting, posting, distributing, or displaying the Content, you provide Octagon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, sub-license, adapt, modify, create derivative works of, translate, publish, publicly perform, publicly display, distribute, and otherwise exploit any Content in any medium and in any manner. You represent and warrant to Octagon that you have all the rights, power and authority necessary to submit, post, distribute or display the Content on or through the Website, and to grant the above license.

11. Content on the Website. You acknowledge that Content may be provided by you or third parties and distributed on or through the Website. Such Content may be accessed and viewed by others, including the general public. You agree that Octagon has no obligation to monitor any such Content. Octagon is free to remove any such Content for any or no reason, but shall not be obligated to do so. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content without obtaining prior written consent from the Content’s owner. You understand that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the Website at your own risk.

12. Use of Cellular Networks. You acknowledge that if you access or use the Website through wireless applications, your wireless provider may charge fees for alerts, web browsing, messaging and other services. It is solely your responsibility to determine if any such charges apply to you, and you are solely responsible for any costs you incur to access or use the Website through any wireless or other communication service.

13. Notification of Potential Copyright Infringement. If you believe that your Content has been made available on the Website in a manner that violates your copyrights in and to such Content, please follow the notification procedure detailed in Section 20 below.

14. Links. You acknowledge that links to third party websites or Content may be made available through the Website. You acknowledge and agree that Octagon is not responsible or liable for any Content or other material or information made available through such third party websites, that Octagon may have no control over any such third party website, and that the Website does not endorse any advertising, products or services made available through such third party websites. In addition, you acknowledge and agree that Octagon is not responsible or liable for the availability, accuracy, or completeness of any such third party website.

15. Advertisements. You acknowledge and agree that Octagon may distribute advertisements through or via the Website. Octagon is not responsible or liable for any interaction between you and an advertiser, and does not endorse any advertising, or products or services made available through such advertising.

16. Disclaimer of Warranties. The Website is provided “AS IS” with all faults and as available. Octagon makes no express representations or warranties about the Website. TO THE EXTENT PERMITTED BY LAW, Octagon DISCLAIMS ANY IMPLIED WARRANTIES THAT THE WEBSITE OR ANY SOFTWARE, PRODUCTS, OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE OR BY OCTAGON ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT ANYTHING YOU DOWNLOAD OR OTHERWISE OBTAIN (“DOWNLOAD”) THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD.

17. Limitation of Liability. OCTAGON SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, REGARDLESS OF WHETHER OCTAGON KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OCTAGON’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OCTAGON’S LIABILITY, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE EXCEED THE GREATER OF $100 OR THE MINIMUM AMOUNT PERMITTED BY LAW.

18. Miscellaneous Terms and Conditions.

1. Indemnification. You agree to defend, indemnify, and hold harmless Octagon, the Website and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website. Octagon reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Octagon in asserting any available defenses at no additional cost to Octagon.
2. Choice of Law; Jurisdiction. You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or dispute that you may have against Octagon, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against Octagon will be resolved by a court located in Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. FOR THE PURPOSES OF CLARIFICATION, YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN VIRGINIA OVER ANY CLAIMS INVOLVING OCTAGON OR THE WEBSITE.
3. Enforceability. This contract and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between you and Octagon and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

19. Policy Regarding Children 13 and Under. The Website is not directed at persons under 13 years of age and persons that are 13 years of age and under are prohibited from registering with the Website. If a parent or guardian becomes aware that a person 13 years of age or under has registered with the Website, the parent or guardian should contact Octagon at twackle@octagon.com and Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel, and Octagon shall delete such person’s registration information and account within a reasonable time period.

20. DMCA Notice.

If you think that your copyrighted content has been infringed, please provide the following to Octagon’s DMCA Agent:

1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit Octagon to locate the material;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

Claims can be sent to: Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel.

Last Updated: December 10, 2008

Twackle Privacy Policy

Twackle (www.twackle.com) (the “Website”) is provided by Octagon, Inc. (“Octagon”). This Website privacy policy (“Privacy Policy”) governs Octagon’s collection, use, and disclosure of information received through the websites, content, software, applications, and services offered through or by the Website. This information might be personally identifiable information, for example your name or email address (“PII”); or it may include anonymous information that we may collect or that you may provide, such as your IP address (collectively, “Non PII”) (your PII and Non PII, together, is “Your Data”). We discuss how we might use this information below. If you reside outside the U.S., Your Data will be transferred to the U.S., and processed and stored pursuant to U.S. privacy standards. By using the Website, you consent to any such transfer to, and processing in, the U.S.

YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING PRIVACY POLICY. YOU MAY NOT USE THE WEBSITE UNLESS YOU AGREE TO THIS PRIVACY POLICY.

1. Modifications to Privacy Policy. Octagon is free to modify this Privacy Policy at any time and for any or no reason without providing notice. It is your responsibility to periodically review this Privacy Policy for any modifications.

2. Additional Terms. Octagon will post separate privacy notices if different or supplemental privacy policy terms apply to certain products or services made available through or by the Website. You may not use such products or services without agreeing to such additional privacy policy terms.

3. Information Collection and Use; Use of Cookies.

1. Registration Information. Certain products or services made available through the Website may require you to register with the Website; you may also choose to make information about yourself available in your public profile (collectively, your “Registration Information”). Your Registration Information may include PII, such as your user name, password, email address, or telephone number; it may also include Non PII such as general location (i.e., closest city), zip code, gender, birth year. This Registration Information is used by Octagon to operate the Website (including by providing more targeted advertising) and to communicate with you. In addition, Octagon may use Registration Information to communicate with you regarding additional Website products or services available to you. Octagon will always provide you the opportunity to opt out of receiving such communications for additional Website products or services. If you feel that you are receiving communications for which you previously opted out, please contact Octagon at Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel. Any Registration Information that you choose to make available in your public profile may be made available to the other Website users. Octagon will obtain your consent prior to using such Registration Information for any additional purpose not noted herein.
2. Additional Information. Certain products or services made available through the Website may enable you to provide additional PII to Octagon, such as a picture or a link to a personal website. This PII may be used by Octagon to operate the Website (including by providing more targeted advertising) or to allow the Website users to better identify each other and communicate, and may be provided to other the Website users. In addition, Octagon may keep any email, text messages, or instant messages sent by you to the Website or Octagon as a means to respond back to you. Octagon will obtain your consent prior to using such PII for any additional purpose not noted herein.
3. Log Data. Octagon automatically collects certain server data anytime you access or use the Website (“Log Data”). Log Data is Non PII and may include, but is not limited to, your IP address, browser type, the domain from which you are visiting, the Website pages or services you access or use, the search terms you use, and any advertisements on which you click or otherwise access. Octagon uses Log Data to monitor the Website and to administer the Website's technical aspects. Log Data will not be associated with any PII except in the case of a violation of the Website Terms of Use or as otherwise required by a valid law enforcement request. Octagon will obtain your consent prior to using such Log Data for any additional purpose not noted herein.
4. Cookies. Octagon utilizes small data files sent to your computer (“cookies”) to collect certain Non PII such as site usage data, monitor aggregate usage and web traffic, measure responses to advertisements, and to improve the Website. Cookies are not used to collect any PII. Your web browser may enable you to disable cookies. You acknowledge that certain Website products and services may not operate properly if you disable cookies through your browser.

4. Disclosure of Your Data. Octagon will only disclose Your Data to the extent: (i) you provide Octagon your express consent to disclose Your Data, including by agreeing to this Privacy Policy; (ii) such disclosure is made to an Octagon business partner or affiliated entity for the purpose of operating the Website or providing advertising through the Website; provided, however, that such third party agrees to comply with this Privacy Policy and other appropriate security and confidentiality policies; (iii) you have made Your Data available in your public profile; or (iv) Octagon has a good faith belief that access, use, preservation or disclosure of Your Data is reasonably required to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Website Terms of Use, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to Octagon or a third party to the extent permitted or required by law. In addition, Octagon may sell, transfer or otherwise share Your Data in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity's planned collection or use of Your Data differs materially from the policies set forth in this Privacy Policy.

5. Updating Personal Information. You may modify any Registration Data that you provide to Octagon during registration by contacting Octagon at Octagon, Inc., 1751 Pinnacle Drive, Suite 1500, McLean, VA 22102, Attn: General Counsel.

6. Third Party Websites and Services. You may be able to access third party websites or services through the Website. This Privacy Policy does not apply to the data collection and use policies of such third party websites and services. You should review the privacy policies of such third party websites or services. You acknowledge and agree that Octagon is not liable for any the data collection and use policies of such third party websites and services.

7. Security. Octagon takes seriously its privacy obligations and shall employ reasonable measures to protect the confidentiality of Your Data and to prevent unauthorized access. To the extent required by law, Octagon shall disclose any breach of the security, confidentiality, or integrity of your Personal Information via a notice mechanism permitted pursuant to the Website Terms of Use.

Last Updated: December 10, 2008