Terms Of Service

Twira - Terms of Service

Welcome to Twira! These Terms of Service ("Terms") govern your use of the Twira website and services, including any content, functionality, and services offered on or through www.shoptwira.com (the "Website"). Please read these Terms carefully before using the Website.

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.

1. Definitions

• "Twira," "we," "our," or "us" refers to Twira, the owner and operator of the Website.
• "You" or "user" refers to any person or entity accessing or using the Website.

2. Use of the Website

(a) Eligibility: You must be at least 18 years old to use the Website. By using the Website, you represent and warrant that you are at least 18 years old.

(b) Prohibited Activities: You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws or regulations.
• Infringing upon the rights of others, including intellectual property rights.
• Engaging in any fraudulent, deceptive, or malicious activity.
• Interfering with the operation of the Website.
• Uploading or transmitting viruses or any other malicious code.
• Collecting or harvesting any information from the Website without our consent.

3. Intellectual Property

(a) Ownership: All content and materials available on the Website, including but not limited to text, graphics, logos, images, and software, are the property of Twira or its licensors and are protected by copyright, trademark, and other intellectual property laws.

(b) License: Subject to these Terms, Twira grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.

4. Disclaimer of Warranties

THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TWIRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

5. Limitation of Liability

IN NO EVENT SHALL TWIRA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THESE TERMS.

6. Indemnification

You agree to indemnify, defend, and hold harmless Twira and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of these Terms.

7. Changes to Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website after any changes to these Terms constitutes acceptance of those changes.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].

9. Contact Us

If you have any questions about these Terms, please use our Contact Us Page.

shoptwirateam@gmail.com

Last Updated: [02/19/24]

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.

10. SMS Marketing and Consent

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.,The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the program. By participating in the program, you agree to receive automated or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from Us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt out by texting other words or verbally requesting one of our team members to remove you from our list is not accounted for as a reasonable means of opting out.

You acknowledge that the message frequency is various and that consent is not a condition to purchase. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.

You must have a wireless device of your own, be capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

You may not use or engage with the platform if you are under thirteen (13) years of age. If you use or engage with the platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the platform, or are of adult age in your jurisdiction. By using or engaging with the platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the program after any such changes, you accept this Agreement, as modified.

For any questions, you can contact us for more information about the program.