Threader is a freemium Service provided by MANY SAS (“we” or “us” or “our”), a French société par actions simplifiée. These Terms of Service (the “Terms”) govern your access to, and use of, Threader (our iOS app and our website) (the “Service”), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on, or in connection with, the Service (collectively, the “Content”). Your access to and use of the Service is conditioned on your acceptance.
1. Accepting these terms
By using the Service, you agree to comply with and be bound by these Terms of Use and/or any revised version. Any new service available on the Service or any modification of an existing service will be governed by the TOS, which may be modified or updated from time to time. We strongly encourage you to review the TOS regularly.
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Threader and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Service is made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any Threader Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
2. Account, Passwords and Security
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.
The Threader app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Threader app won’t work properly or at all.
3. Your Use & Conduct
Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.
When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service (including via applications). We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself.
Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
In order to make Threader a great place for all of us, please do not post, link and otherwise make available on or through the Service any of the following:
Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
Content that is illegal or unlawful, that would otherwise create liability;
Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
Viruses, corrupted data or other harmful, disruptive or destructive files or code.
Also, you agree that you will not do any of the following in connection with the Service or other users:
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
Create an account or post any content if you are not over 13 years of age; and
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
4. Provided Service
Threader makes available to its users ("You") access to fully customizable website and iOS app that allows you to select and aggregate content provided by third parties ("Third Party Content") through computer programs and tools that allow you to create and publish any content, of any kind, in accordance with the terms of the Threader Terms and Conditions. Threader does not provide content but rather an aggregation of contents, including data from third parties. It is composed of computer code, which is the exclusive property of Threader.
Use of the Service is free of charge. However, access to Third Party Content may be subject to a charge: this billing is done outside of Threader.
MANY SAS is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
You should be aware that there are certain things that MANY SAS will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but MANY SAS cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, MANY SAS cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, MANY SAS cannot accept responsibility
With respect to MANY SAS’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. MANY SAS accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on iOS – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. MANY SAS does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Access to the Service
To access and use the Service, you must be legally able to enter into a binding agreement and acknowledge that certain Third Party Content may be considered offensive by some and not suitable for persons under the age of 18.
You also acknowledge that the activity of creating, submitting or sharing Your Content may give rise to various types of legal liability and you represent that Your Content (whether or not You are the author of such Content) is at all times (both at the time of its initial submission and throughout its access to the Service) compliant with the Terms and all applicable laws. You understand that Threader has no control (other than technical if necessary) and does not pre-select Your Third Party Content and cannot be held responsible for their communication to the public.
Posting and Sharing Content
You can publish and share Your Content by sending Third Party Content to Threader. You acknowledge that you share Your Content under your sole responsibility and declare that you own all rights or have obtained the necessary permissions for such Content. You must verify that Your Content is compliant with the TOS and, more generally, that it is not harmful or illegal. You agree to comply with all Threader policies or technical requirements, to provide all data and information, whether personal or otherwise, requested by Threader. You understand that you cannot request any payment from Threader to view or share content.
Distribution of Your Content by Threader
You expressly grant Threader the right, directly and indirectly, to distribute the content of Your Third-Party you share with Threader. Threader may distribute Your Content for commercial and non-commercial purposes without being liable for any payment or compensation of any kind by Threader to you.Threader will, in its sole discretion, decide whether or not (and how) it will distribute Your Content, choose its business partners, and determine all terms and conditions of such distribution. If you do not agree with the above, you should not use Threader.
Identification of Your Content
As we have no control over Your Content, it is your sole responsibility when posting Your Content on Threader to clearly and truly identify its actual or potential nature in order to ensure its classification into the appropriate category. This is necessary for the proper functioning of the Service and to protect other users by identifying content that may be explicit or pornographic.
Third-Party Content - Links
Threader has no control over Third Party Content or services that may be provided by third parties through the Service (the "Third Party Services"). Similarly, we cannot control links to other websites or Internet resources. These resources, content and services are provided to you "as is" to facilitate your browsing on the Web. As such, you acknowledge that we cannot be held responsible for the resources, content or services of third parties and you agree to communicate directly and exclusively with the third party concerned for any claim or request you may have. We are not responsible for the content, advertising, products, services or any other data or information available on or from these external sites or sources. In addition, you understand that we cannot be held responsible for any damage or loss arising from the use of the content, goods or services available on these external sites or sources or related to their use or reliance on them.
5. Proprietary Rights
Access to the Site
Threader is the sole owner of all proprietary rights in the Service, including the users' databases. Any unauthorized reproduction, display, publication, transmission or, more generally, any unauthorized use of the Service may incur your liability and may result in criminal or civil proceedings. You agree not to access the Service by any means other than those made available to you by Threader.
The use of Third Party Content may only be made in accordance with the authorization or license granted by the respective rights holders.
Intellectual Property
The Service is an original work protected by intellectual property laws and international conventions. Its structure and available Third Party Content may be protected by copyright or other intellectual property rights.
You warrant that you will not modify, rent, borrow, sell or distribute such works or create derivative works based in whole or in part on the Site or Third Party Content. You may access the Service for your personal and private use. Printing is limited to your personal, non-commercial use only; any other use or communication is prohibited without the prior written permission of Threader. All rights not expressly granted to you by the Terms are reserved.
Intellectual Property of Others
We respect the intellectual property of others. If you believe that the material on which you have rights has been reproduced or used in such a way as to constitute an infringement, please contact us with your personal information, a description of your work, the location on the Service of potentially infringing material, a statement of the rights you have claimed on the work, and a statement of the lack of authorization given to the party using the material.
Third Party Rights
Without prejudice to the extent that Threader may take to protect its rights, Threader reserves the right, without justification or prior notice, to prevent access to, remove or deactivate any Content that may adversely affect the rights of third parties, which you expressly agree.
Warranties
You expressly warrant that you are the owner of all rights to use and distribute Your Content or that you have obtained all necessary authorizations for the use and distribution of Your Content, including the right to sub-license such rights. As Threader has no control over Your Content, you understand that Threader cannot be held responsible for its communication to the public and share Your Content under your sole responsibility.
Your Content must at all times comply with the Threader TOS and, more generally, must not be harmful or unlawful, in particular to minors.
Twitter specifics
In Twitter own term of service it is explicitly stated: "You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content)." And so you do on Threader too.
However, you also grant them some rights: "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). This license authorizes us to make your Content available to the rest of the world and to let others do the same."
Threader is bound to Twitter by the Developer Agreement and Policy that grant us a Licence to display your content.
If you want your content removed from Threader, please contact us.
6. Limitation of Liability
The Service are made available to you "as is". Threader makes no warranties, whether express or implied, with respect to the Service. In particular, and without limitation, we cannot guarantee the continuity and quality of the Service available on the Service, nor can we guarantee that the Service will be accessible at all times, or that our users will not violate the TOS or our privacy policy. We may limit the use of our Service. We cannot be held responsible for the impossibility of making available or removing content or messages exchanged between users.
You understand that you access and use the Service at your own risk. Threader is not responsible for your reliance on any information or data that you have accessed, directly or indirectly, through the Service, nor for your access to or downloading of any material, program or file through the Service. Threader cannot be held responsible for any loss of data or damage to your computer system or any other device used to access the Service.
Although we make every effort to ensure the confidentiality of your personal data, we shall not be liable for any breach of such confidentiality, regardless of the cause (including but not limited to technical difficulty, intrusion into our computer system or human error).
UNDER NO CIRCUMSTANCES WILL THE THREADER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE THREADER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE THREADER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE THREADER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE THREADER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE THREADER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THREADER'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE THREADER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE THREADER PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THREADER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.