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Privacy Policy

IMPORTANT – READ CAREFULLY. This TWALKIN™ Privacy & Code of Conduct Statement (this “Statement”) is provided to you, the user (“User”) from “TWALKIN”. TWALKIN™ is one of several communication services (“Services”) offered by TWALKIN.

1. PRIVACY
It is TWALKIN’s policy to respect the privacy of the User. TWALKIN will not monitor or edit any personal information about the User or the User’s TWALKIN account, including its contents, unless TWALKIN has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TWALKIN; (3) enforce this Statement or protect TWALKIN’s business or reputation, including without limitation upon termination, cancellation or suspension of this Statement by TWALKIN; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User, or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. TWALKIN’s service transmits the User name and/or mobile telephone number with each message that the User sends or receives.

The User agrees that TWALKIN may access its account, including its contents, as stated above or to respond to service, business or technical issues.

2. MOBILE ORIGINATED AND TERMINATED SERVICES
TWALKIN offers telecommunications, teleconferencing and telephone bridging services (“TWALKS”) that are established via social networking messaging platforms, including Mobile Originated (“MO”) and Mobile Terminated (“MT”) services. This is subject to change and can be confirmed with TWALKIN from time to time.

TWALKIN provides a downloadable application for establishing, initiating and conducting TWALKS via various mobile or other communications networks. The User will be responsible for content of the service, as well as the cost of any and all bearer charges to provide the content to an end-client or other user.

The User shall not use, or knowingly allow others to use the application and system for any purpose, which in TWALKIN’s opinion, that is improper, immoral or unlawful.

The User will not act, or omit to act, in any way likely to injure or damage any person, property or the TWALKIN gateway or cause the quality of the lines or TWALKIN’s service in general to be impaired or interrupted in any manner whatsoever.

TWALKIN shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the TWALKIN service or the number ranges, notwithstanding that this may require suspending the operation of the TWALKIN service. TWALKIN shall use its reasonable efforts to provide the User with advance notice of any such suspension and to minimize the duration thereof in so far as this is reasonably practical.

The User warrants that its use of the Services will not contravene any laws or regulations of the United States and in particular any laws relating to privacy, spamming, gaming and gambling and the User indemnifies, holds harmless and shall defend TWALKIN against any claim, action or damage suffered or incurred by TWALKIN as a result of a breach by the User of this warranty.

PLEASE NOTE: In order to ensure that TWALKIN complies with industry codes of conduct, Users are obliged to route all MO and MT messages related or associated directly or indirectly with any TWALKIN hosted short code via TWALKIN’s messaging gateway. This will enable TWALKIN to ensure that all short code-messaging services offer the required confirmation messages as stipulated by the various codes of practice and that such messages can be validated as having been submitted. TWALKIN shall be entitled to immediately terminate the User’s services if the User does not comply with the provisions of this clause, without any liability to the User or any third party.

3. CONDUCT
Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local and national laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:

i. Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

ii. Harvest or otherwise collect information about others, including email addresses, without their consent;

iii. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

iv. Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

v. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

vi. Libel, defame or slander any person, or infringe upon any person’s privacy rights;

vii. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

viii. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

ix. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

x. Interfere with another User’s use and enjoyment of the Service or another entity’s use and enjoyment of similar services; or

xi. Engage in any other activity that TWALKIN believes could subject it to criminal liability or civil penalty or judgment.

4. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION
Modification of Terms: TWALKIN frequently updates, modifies, and otherwise continually seeks to improve the TWALKIN Services and products. Such changes often dictate that TWALKIN simultaneously modify TWALKIN’s Terms and Conditions of Use. As such, TWALKIN shall have the right to modify the terms of this Statement and to change or discontinue any aspect or feature of the TWALKIN Service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Statement. The User acknowledges its responsibility to review this Statement from time to time and to be aware of any such changes.

Termination, Cancellation and/or Suspension by TWALKIN; Disclosure of Information: This Statement may be terminated, canceled and/or suspended by TWALKIN at any time if, in TWALKIN’s sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by TWALKIN shall be effective immediately upon notification by TWALKIN to the User in any reasonable manner, including but not limited to, notification by e-mail or text. Upon, during, and/or after any such breach, TWALKIN may elect to suspend, terminate and/or cancel this Statement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. TWALKIN reserves the right to suspend the User’s service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User’s status as being a TWALKIN client or the content of the messages originating from the User.

In the event that TWALKIN receives complaints from recipients or third parties with respect to the use of the Service, TWALKIN additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.