These Terms of Service (hereinafter referred to as the ) govern your access to and use of the Call-n-Tweet Service being provided by Kirusa Inc. (“Kirusa”), by way of which you can record any voice message and share it over the Internet (hereinafter referred to as the “Service”).
Although Kirusa may attempt to notify you when major changes are made to these Terms, you are responsible for periodically reviewing any changes which may be made to the Terms. Kirusa may, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.
Use of the Service
In order to access some features related to the Service, such as allowing people to recognize your Voice Tweets or comments, you may be required to provide/ share information about yourself for creating a Call-n-Tweet account. You agree that any information provided by you to Kirusa will always be accurate, correct and up to date.
Unless specifically permitted, you may never use someone else’s account as this will be considered as illegal and unauthorized.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. Kirusa encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Kirusa cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. In case of breach of any breach of security or unauthorized use of your account you must notify Kirusa immediately.
You may not do any of the following while accessing or using the Services: (i) access or tamper with the Services; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Kirusa (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kirusa. Any unauthorized use is expressly prohibited; (iv) use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content (as defined below) in such a manner as to interfere with or create an undue burden on the Services.
Unless you have been specifically permitted to do so in a separate agreement with Kirusa, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Kirusa and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use Kirusa’s name or any of the Kirusa’s trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Kirusa, or the Services is entirely voluntary and Kirusa will be free to use such feedback, comments or suggestions as Kirusa see fit and without any obligation to you.
You will not send or otherwise use the Service for unauthorized commercial communications.
You will not collect users' content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Kirusa's prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme through the Service.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not intimidate, harass or otherwise bother any user.
You will ensure that the content of your Voice Tweet or comment is not hateful, threatening, pornographic, or instigating religious sentiments, communal disharmony, gratuitous violence, mob action or fury or creating a political unrest or against the public at large.
You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
You will not offer any contest, giveaway, or sweepstakes or other such promotional activities through the Service without Kirusa's prior written consent. If Kirusa consents, you take full responsibility for the promotion, and will follow our directions and all applicable laws.
You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
You may use the Services only if you can form a binding contract with Kirusa and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Content on the Services
The content of all Voice Tweets and comments is the sole responsibility of the person who created such Voice Tweet or comment using the Service (hereinafter referred as the "Content"). Kirusa is in no manner responsible for monitoring or controlling the same and are in no way liable for such Content.
Kirusa reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim Call-n-Tweet usernames without prior notice or assigning any reasons whatsoever and is under no obligation to obtain prior consent from you for such removal.. Kirusa also reserves the right to access, read, preserve, and disclose any information as Kirusa reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Call-n-Tweet, its users and the public.
You are solely responsible for any use of or reliance on any materials created using the Service or obtained by you through the Service. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Kirusa does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted through the Service.
Under no circumstances will Kirusa be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available using the Service.
Intellectual Property Rights
Kirusa respects the intellectual property rights of others and expects users of the Services to do the same. Kirusa will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to Kirusa. If you have a reason believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
571 Central Avenue, Suite 108
New Providence, NJ 07974
Kirusa will terminate access to its website, if under appropriate circumstances, you are determined to be a repeated infringer.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the information required under 17 U.S.C 512(c)(3) in writing.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIRUSA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KIRUSA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Kirusa, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that any content posted by you using the Service caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the Service.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, KIRUSA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Kirusa makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Kirusa will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Kirusa has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. Kirusa makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Kirusa or through the Services, will create any warranty not expressly made herein.
This Agreement shall be construed and enforced according to the laws of the State of New Jersey, United States of America, without respect to its conflict of law principles. All litigation arising under or related to these Terms shall be brought in the Superior Court of the State of New Jersey in Union County or the Federal District Court for New Jersey as permitted by law.
Waiver and Severability
Any failure on our part to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Services are operated and provided by Kirusa Inc., 571 Central Avenue, Suite 108, New Providence, NJ 07974. If you have any questions about these Terms, please contact us.
Call-n-TweetTM is an exciting new service offering from
Kirusa - the world leading provider of Voice SMS and other
voice messaging and VAS applications.
Use Call-n-Tweet to record any voice message - it could be
about what you are doing at the moment, what you are thinking
of or something interesting that you heard - and share it with
your Twitter followers.
To sign up, start by signing in with your current Twitter
user name and password. We will take it from there.
The easiest, most intuitive and convenient way to create a
Voice Tweet is through your mobile phone. In the US, simply
call 212-796-6975 and follow the prompts. Start recording
at the beep and hangup when you are done. That's it!
Your Twitter status will be updated with a link to your
voice message. All your followers will receive a notification
from Twitter indicating that you have posted a Voice Tweet.
When using a desktop (or a laptop), simply click on the
audio player's "Play" button to hear a Voice Tweet.
To listen to a Voice Tweet on your phone, you will need a
data connection on your phone. We currently actively support
the iPhone and the G1 - both of which come with data plans
from AT&T and T-Mobile respectively.
When you receive an SMS message from Twitter with a link to
a Voice Tweet, simply click on the link to start your phone's
browser. You will be taken to the mobile version of the website.
You can then download the Voice Tweet as an MP3 clip and play
it using your phone's MP3 player.
Sharing your Voice Tweet is very easy too. Just use the
"Share" button to share it on your favorite social network.
Update your Twitter status with a simple phone call!
In the USA, call 212-796-6975 from your phone to update your Twitter status. For Call-n-Tweet in other regions, see the list below.
Tell us what you think!
Follow us on Twitter @callntweet. Drop us a note! We love to hear from you.