Twitter Search Terms of Service

May 11, 2007

Twitter Search (this "Site") is owned and operated by Twitter, Inc. ("Twitter"). This Agreement describes the terms and conditions applicable to the services and content available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Twitter.

By using this Site and associated services, including graphics, code and all associated documentation ("Twitter Services"), you agree to be legally bound by and comply with the following terms and conditions (the "Term of Service").

Changes in Terms and Conditions

We reserve the right to modify terms of our services from time to time, without notice and without liability to you or any other user. Please review these Terms of Service periodically. By continuing to access or use the Twitter Services, you agree to be bound by the revised Term of Service.

BEFORE UTILIZING THIS SITE, BROWSING THIS SITE, SUBMITTING ANY INFORMATION VIA THIS SITE AND/OR USING ANY SERVICES AVAILABLE THROUGH THIS SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT").

Intended Purpose of the Site

This Site contains information Twitter has collected from third parties, including third-party Web sites, concerning various products and/or services. This Site is only intended for noncommercial use by the general public. This Site is provided for informational use only and should not be relied upon. Twitter takes reasonable measures when determining the content of this Site but cannot guarantee the accuracy or completeness of this information.

Twitter analyzes and aggregates information that it has collected from third parties to provide Users with information about products and/or services sold by third parties ("Providers"). This third-party information is also used by Twitter to display "snips" for each product and/or service and provide summary statements, reviews and/or quotations about the products and/or services.

Any Twitter summaries, snips, reviews and quotations are provided for informational purposes only and do not guarantee any level of quality or performance of a product and/or service and do not represent a recommendation or endorsement of a product and/or service or its Provider. In many instances, this Site provides links to third-party Web sites that may be used by Users to obtain more information about the referenced products and/or services and reviews concerning such products and/or services, as well as how to purchase such products and/or services.

Copyright Notice

You, the User, acknowledge that all content included on this Site, including any information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") constitute the intellectual property of Twitter and the content may constitute the copyrighted works of Twitter and/or third parties. Reproduction, creation of derivative works, storage, distribution, public display or performance, transmission or publishing Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is strictly prohibited and is subject to the U.S. copyright law and the copyright laws of foreign countries.

Corporate Identification and Trademarks

"Twitter" and associated logos are trademarks of Twitter. Other marks, icons and or logos may be trademarks of third parties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the trademarks appearing on this Site in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written consent of Twitter or the trademark owner or other authorized party.

Acceptable Use

This Site is intended for personal, noncommercial informational use by the general public. You may not use robots or other automated means to access this Site, unless specifically permitted by Twitter. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update information submitted via this Site (if applicable) in order to keep it current, complete and accurate.

Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Any unauthorized attempts to upload or change information, to defeat or circumvent security measures or to utilize this Site for reasons other than its intended purposes are prohibited. Twitter monitors this Site. You expressly consent to such monitoring and you are advised that any evidence of criminal activity may be provided to law enforcement officials. Twitter will seek to prosecute fraud and illegal use of this Site to the fullest extent of the law.

No Warranties

Twitter provides no warranty, express or implied as to the accuracy, timeliness, completeness, merchantability, fitness for a particular purpose, title, quality and non-infringement of any Content, information, features or services on this Site, including but not limited to, any sentiment strip, statements, analytics, advice, predictions, ratings, reviews, product/service descriptions, charts graphics and prices. All Content, information, features and services on this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied without limitation.

Be advised that without limiting the above, Twitter makes no warranties whatsoever concerning the actual products and/or services reviewed and/or referenced on this Site, the Providers of those products and/or services and reviews or information received from third parties about those products and/or services, including but not limited to product/service descriptions, product/service availability, merchantability, fitness for a particular purpose, sales information and price information.

Without limiting the above, no warranty or guarantee is made: (i) that a User will receive the lowest available price for products and/or services referenced on this Site or the best available information concerning such products and/or services; (ii) that use of this Site and all software, products and/or services associated with this Site will be uninterrupted, error free or free from viruses or other malicious code; (iii) that results that may be obtained from the use of this Site or its Content will be accurate or reliable; or (iv) that any errors on the Site will be corrected. Additionally, no warranty or guarantee is made: (i) regarding the results that may be obtained or experienced from the use of this Site or Content, including statements, quotations, analytics or ranks on this Site; (ii) regarding the availability of products and/or services from particular Providers; (iii) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice, statements, analytics, predictions or products and/or services referenced on this Site; or (iv) regarding the performance or non-performance of this Site. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND CONTENT ON THE SITE IS AT YOUR SOLE RISK.

General Limitation of Liability

IN NO EVENT SHALL TWITTER, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND/OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, BUSINESS INFORMATION LOSS OF PROFIT OR ATTORNEY'S FEES), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE OR REFERENCED ON THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Covered Party shall be responsible for any breach of any warranty pertaining to the actual product and/or service referenced on this Site, including, but not limited to, implied warranties of fitness for a particular purpose or merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider of a product and/or service referenced on this Site or third party whose information, statement or opinion has been used on this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement or for any Provider's failure to comply with applicable law.

Some states, to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification

You hereby agree to indemnify, defend and hold the Covered Parties harmless from and against any and all liability, losses, costs and expenses (including attorneys fees) incurred by the Covered Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or copyright infringement arising out of your use of this Site or any Content on the Site, your connection to this Site or your violation of this Agreement.

Content Linked

The sites displayed as search results or linked to by Twitter Services are developed by people over whom Twitter exercises no control. These search results are generated automatically by Twitter's software. Some of the search results may link to websites that may be inaccurate, inappropriate, objectionable, or offensive. We cannot guarantee that Twitter search results will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the Twitter Services.

Twitter does not sell, resell or license any of the products and/or services that are referenced or advertised on this Site and, as further detailed herein, disclaims any responsibility for or related to them. Your correspondence or related activities with third parties, including payment transactions are solely between you and that third party. You agree that Twitter will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your involvement or transactions with third parties. Any questions, complaints or claims related to any such product and/or service should be directed to the appropriate third party.

Links by Others to this Site

Twitter hereby grants permission to you to link to this Site, provided that you comply with this Agreement and agree to remove or disable the link immediately upon notice from Twitter.

Termination of Usage

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Notification

Twitter may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on this Site and/or delivering them to you thorough e-mail.

User Conduct

You agree to comply with the following while using the Twitter Services or content:

• Not access, tamper with or use the non-public areas of the technical delivery systems of Twitter and Twitter's network service providers
• Not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures
• No automated queries of any sort to Twitter's systems without express permission in advance from Twitter
• Not attempt to reverse engineer any of the software used to provide the Twitter Services
• Not, and will not allow any third party to (a) edit, modify or change the user interface; (b) remove, distort or alter any element; (c) remove, deface, obscure, or alter Twitter's copyright notice, trademarks or other proprietary rights notices
• Not to interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Twitter Services
• No impersonation or misrepresentation of your affiliation with any person or entity.

Policy Enforcement

We reserve the right to investigate suspected violation of this agreement, to remove or edit posted content, and to suspend or terminate the use of the Twitter Services by the direct of indirect violator.

Miscellaneous

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement. This Agreement, and all related parts of this Agreement represent the entire agreement between you and Twitter regarding your use of this Site and its Content and supersede any prior statements or representations. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

This Site is controlled and operated by Twitter from its offices in the United States of America. You acknowledge and agree that this Agreement will only be construed and evaluated according to the laws of the United States of America and the laws of the State of Delaware. If you are accessing this Site from locations outside of the United States of America you are responsible for compliance with any and all applicable laws of those or any other applicable locations.