TWIST SCULPT TERMS OF SERVICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE TWIST SCULPT MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, PLEASE DO NOT USE THE SERVICE AND DELETE THE TWIST SCULPT MOBILE APPLICATION IMMEDIATELY.

Acceptance of the Agreement and Guarantee

By installing TWIST SCULPT application and registering (or sign in to the app), the User warrants that he is acquainted with the present Terms of use and Privacy Policy, and has unconditionally accepted and agreed to the following terms:

The Administrator of the Application reserves the right, at its discretion:

Registration within the Service and the User status

Registration of a User within the Service is free of charge or voluntary.
A User is an individual who is registered within mobile apps of the Service, in accordance with the present Agreement, who has the respective authority, and who has reached the age that is considered permissible to accept the present Agreement.

The User must provide the Service Administration with authentic and relevant information that is needed to create the User’s personalized page, including a login (email address) and a password combination that are unique for every User and are needed to access the Service, and also the User’s first and last names. The Service registration form may ask the User for additional information. Users are responsible for the information that they provide during the registration to be authentic, relevant, sufficient, compliant with the legislation, and to be lacking third parties’ claims. After successful registration of a User, the parties accepts the rights and obligations that are specified in the present Agreement.

Users’ personal data processing is carried out in compliance with the legislation of the BVI and with the Confidentiality and Privacy Protection Policy of the Service. Users give their consent to the Service Administration to process their personal data at the time of registration or logging into the application. The User-selected login and password is the necessary and sufficient information that is required to access the Service. Users do not have the right to transfer their login and password information to third parties. The User bears full responsibility for the safety of such information by choosing the method of storage of their own accord.

If the User has not proved the opposite, any actions that were performed using the User’s login and password are considered to be performed by the respective User. In case of unauthorized access to the login and password and/or to a User’s personal page, or in case of disclosure of the login and password information, the User must inform the Service Administration according to the established procedure without delay.

After registration the User receives the right to independently, for private nonprofit purposes, to create, use, and define the content of their own personalized page.

The User, as the holder of the information that is posted on their own personalized page, understands that, except for the instances that are defined by the present Agreement and the active legislation, the Service Administration does not take part in formation and usage of the content and does not control the other Users’ access to the User’s personalized page. The User’s access to the Service information means that the User agrees to the conditions of the present Agreement. From the moment of the User’s access to the Service information, all the rights and obligations that are established by the present Agreement start applying to the User.

Community rules

During the use of the Service the User must:

In case of doubts on lawfulness of any actions, including posting of information or granting access, the Service Administration advises to refrain from such actions.

While using the Service, a User is prohibited:

The User is personally responsible for any information that the User is providing within the Service, or communicates with other Users, or for any relations with other Users, all of which are at the User’s own risk. In case of a disagreement with the present Agreement, or it’s updates, the User must refrain from its use, and inform the Service Administration according to the established procedure.

The User, whose personalized page has public information, which is accessed by more than three thousand Service Users in 24 hours, must ensure abidance by the legislation while posting and using the aforementioned information, including posting and using this information on the User’s personalized page on the Service by other Users, in particular:

Responsibility for violation of the community rules

Each User is personally responsible for any Content or other information that the User uploads or in any other way communicates with the public (publishes) within the Service or with its help. A User does not have the right to upload, transfer, or publish Content within the Service, if the User does not have the rights to such actions, acquired or transferred to the User in compliance with the legislation.

The Service Administration may, but does not have to, monitor the Service on the subject of prohibited Content, and can delete or move (without notification) any Content or any Users of its own accord, due to any reason or without reasons, including unlimited moving and deletion of the Content, which, by the opinion of the Administration, violates the present Agreement, the legislation, and/or might infringe on the rights, harm, or threaten security of other Users or third parties.

By posting the Content within the Service, a User handles the right to produce copies of the Content to the Administration for facilitation of publication, organization, and storage of the user Content within the Service.
By posting the Content within the Service, a User automatically and free-of-charge handles the nonexclusive right to copying, public reproduction, processing, transfer and distribution to the Administration for the aims of the Service or in connection with those aims, including its popularization. The Administration may create secondary works, or insert the User Content in suitable collections as component parts, or create other instances that serve the purpose of the corresponding aims.

Modifying the Service and Termination

TWIST SCULPT is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements
from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason. Also, TWIST SCULPT may terminate your account at any time without notice if it believes that you have violated this Agreement. After your account is terminated, this Agreement will terminate.

Copyright

The content, structure, graphics, design and other components of the TWIST SCULPT Application are protected in accordance with applicable copyright laws and other intellectual property laws. Any reproduction, copying, replication of the Application and its components is prohibited.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information:

Notice of claims of copyright infringement should be provided to the Company's Copyright
Agent via our “Contact Us” rubric.

Responsibilities during the use of the Service

The Users are held responsible for their action concerning creation and posting information on their own personalized Service page, other Users’ personalized pages, and in other sections of the Service, in compliance with the active legislation. Violation of the present Agreement and of the active legislation.

The Service Administration provides the technical capability for Users to use the Service, but does not take part in creation of the Users’ personalized page content, and does not control and is not liable for actions or negligence of any parties, in relation to the Service use or forming and using the Users’ personalized Service pages. The Service’s information system and software do not contain technical solutions that automatically censure and control the informational actions of the Users pertaining to the Service use.

The Service Administration reserves the right to change the Service design, content, and/or the additional services list, the active scripts, software, and other items that are used or stored within the Service, and any server applications at any time with or without prior notice.
The Service Administration does not exercise preliminary moderation nor censure User information, and takes measures to protect the rights and interests of interested parties and to provide abidance by the demands of the legislation only after the interested parties’ appeal to the Service administration, carried out according to the established procedure.

The Service Administration is not responsible for a User’s violation of the present Agreement and reserves the right, at its own discretion, or, after receiving information from other Users or third parties about the User’s violation of the present Agreement, to change (moderate) or delete any User published information (including personal messages, private profile data, photos, graphic representations, audio, video recordings) without explanations. Additionally, the Service Administration reserves the right to suspend, limit, or terminate a User’s access to all or any of the sections or services of the Service at any time for any reason or without reasons, with a prior notice or without one, without being held liable for any harm to the User, that may have been caused by such actions.

The Service Administration reserves the right to delete the User’s personalized page and/or suspend, limit, or terminate the User’s access to any of the Services, if the Administration learns that, in its personal opinion, the User poses a threat to the Service and/or to its Users.
The Service Administration is not responsible for temporary blocking, information deletion, or a User’s personalized page deletion (termination of record) that is carried out in compliance with the present Agreement.

After the User’s personalized page deletion the User loses the right to access the Service.
The Service Administration provides the Service functionality and availability, and undertakes that the Service’s availability will be promptly restored in case of technical errors or breaks.
The Service Administration is not responsible for any harm to the User’s or other party’s mobile devices, that was caused by downloading the Service items, or by using the links that are posted within the Service.

The Service Administration reserves the right to process Users’ information and statistical information that concerns the Service functionality to provide targeted promotional information to various User audiences of the Service. To fulfill the present Agreement and to organize the functionality and technical support of the Service, the Service Administration holds the technical feasibility to access the User’s personalized pages, which is implemented only in instances that are specified by the present Agreement.
The Service Administration has the right to send the Service development information, and to promote its own activities and Services to the Users.

Users give their consent to access their contacts to the Service Administration.

The Administrator of the Application does not control and is not responsible for the authenticity and legality of the materials posted by users.
The Administrator of the Application does not provide any guarantees regarding the accuracy, timeliness, reliability, completeness or suitability of the information and materials found or proposed in this Application.
The Administrator of the Application is not responsible for any economic loss, loss of reputation, loss of information, or any kind of damage.
The Administrator of the Application is not responsible for the content of linked sites.

The liability restriction of the Service Administration

The regulations of the Consumer Protection Act are not applicable to those relations of the parties that concern the free-of-charge provision of the services. The Service, including all scripts, applications, content, and design, is provided “as is”. The Service Administration renounces all guarantees that the Service may or may not suit some specific goals. The Administration cannot guarantee and does not promise any specific results from use of the Service; in order to avoid ambiguities, a User should exercise precaution when downloading anything from the Service of from the links that are posted within the Service, and when using any files, including the software. The Service Administration strongly recommends to use only licensed software, including anti-virus software; the Service Administrations or its agents are under no circumstances liable to the User or to the other third parties for any collateral, accidental, or unintentional harm, including loss of profit or loss of data, or for defamation, caused by the use of the Service, or for the Service’s content or other materials that you or the other parties have accessed with the help of the Service, even if the Service Administration had warned about or had warned about the possibility of such harm.

Concluding Regulations

The present Agreement is a set of rules and regulations between a User and the Service Administration that concerns the way of use of the Service, and replaces all the prior agreements between a User and the Service Administration.

Pertaining to the User, the present Agreement takes effect at the moment when the User in the first time installed the application and registered or authorized in it, and is active for an indefinite amount of time. If one or more of the regulations of the present Agreement are, for any reason, considered invalid or lacking legal effect, this would not influence the validity or applicability of the other regulations.