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TERMS OF USE

Welcome to the FreeTwitterDesigner.com Website (the "Website"). The Website is owned and operated by Zugara, Inc. ("Zugara," "we" or "us"). By using the Website, you acknowledge that you have read, understand and agree to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, please do not use the Website.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Website to determine if the Terms of Use have changed, as indicated by the "Date Last Revised" line at the bottom of this page.

1. Privacy Policy. Our Privacy Policy, as effective from time to time, is a part of these Terms of Use. You may access our Privacy Policy by clicking here.

2. The Website’s Content. The contents of the Website, including, without limitation, all text, graphics, images, logos, icons, interfaces, source codes and software (collectively, the "Content") are proprietary materials owned by Zugara or third party content providers. The exclusive ownership and rights of Zugara and any such third party content providers in and to the Content are protected by copyright, trademark, and other law. The compilation (meaning the collection, arrangement and assembly) of the Content on the Website is the exclusive property of Zugara as protected by copyright law. The reproduction, distribution, use or publication by you of any of the Content is strictly prohibited, except as specifically provided herein. Unauthorized use of the Content, in whole or in part, may violate copyright, trademark, or other laws. By using the Website, you agree not to decompile, disassemble or otherwise reverse engineer the Website or any Content contained therein. You do not acquire ownership rights to any of the Content. The posting by Zugara of Content on the Website does not constitute a waiver of any right in such Content.

3. Limited Right to Use. The viewing, printing or downloading of any of the Content grants you only a limited, nonexclusive license solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. No part of any of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use.

4. Intellectual Property. We respect the intellectual property rights of others and ask that you do the same. We prohibit users from uploading or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive notice of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.

5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit, delete or modify any of the Content without prior notice.

6. Use of Information. We reserve the right, and you hereby authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy.

7. Voluntary Donations. The Website contains a link to a website which permits the user to make voluntary donations to Zugara through an online payment service operated by an unaffiliated third party (the "Third Party Website"). Your decision to make any donations to Zugara is strictly voluntary. When you click on this link to the Third Party Website, you will be moving to another website. Zugara has no control over this Third Party Website. You acknowledge and agree that Zugara is not responsible for the availability of the Third Party Website or its contents, and does not endorse any advertising, products, services or other materials on or available from the Third Party Website.

8. No Endorsement. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Zugara.

9. Disclaimers. ZUGARA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PRODUCT OR SERVICE. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND ZUGARA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZUGARA DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR OTHER MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS OF USE AND FOR ANY LOSS OR DAMAGE (INCLUDING ANY LOSS OR DAMAGE WHICH ZUGARA MAY SUFFER) THAT MAY RESULT FROM ANY SUCH BREACH.

10. Limitation on Liability. IN NO EVENT WILL ZUGARA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF ZUGARA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Miscellaneous. By using the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Zugara. If any provision of these Terms of Use is held invalid, unlawful, void, or for any reason unenforceable, the remainder of these Terms of Use shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Date Last Revised: July 7, 2009