Effective: January 1, 2017
These Terms of Service (“Terms”) govern your access to and use of our Services, including any Handler mobile applications and websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services (collectively, the “Services” or “Handler”), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. The Content you share with others may be viewed around the world, including on other services and websites.
You may use the Services only if you can form a binding contract with Handler and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that Handler provides are always evolving and the form and nature of the Services that Handler provides may change from time to time without prior notice to you. In addition, Handler may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Handler on the Services are subject to change. In consideration for Handler granting you access to and use of the Services, you agree that Handler and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Tip: You can control most communications from the Handler Services, including notifications about activity related to you, your emails sent and received, and network, and updates from Handler. Please see your settings for email and mobile notifications for more.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Handler account (such as Twitter). Handler cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You must promptly notify Handler of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. 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. Under no circumstances will Handler 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 via the Services or broadcast elsewhere.
Tip: We work really hard to ensure our content rules are respected. Report any content that violates our House Rules.
You retain your rights to any Content you submit, post or display on or through the Services. In order to make the Services available to you and other users, Handler needs a license from you. 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).
Tip: You own your Content, but this license allows us to make your Content available to the rest of the world and to let others do the same.
You agree that this license includes the right for Handler to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Handler for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Handler, or other companies, organizations or individuals who partner with Handler, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Handler will not be responsible or liable for any use of your Content by Handler in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Handler gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Handler as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Handler, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Handler 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 the Handler name or any of the Handler trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Handler, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Please review our House Rules (which are part of these Terms) to better understand what is prohibited on the Handler Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe 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 Handler, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Handler’s computer systems, or the technical delivery systems of Handler’s providers; (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 Handler, unless you have been specifically allowed to do so in a separate agreement with Handler (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Handler is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way 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 in such a manner as to interfere with or create an undue burden on the Services.
Handler respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you 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.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Handler will also terminate a user’s account if the user is determined to be a repeat infringer.
The Terms will continue to apply until terminated by either you or Handler as follows.
You may end your legal agreement with Handler at any time for any or no reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the House Rules (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.
Nothing in this section shall affect Handler’s rights to change, limit or stop the provision of the Services without prior notice.
Please read this section carefully since it limits the liability of Handler and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Handler Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE HANDLER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Handler Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) 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; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether 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 the Handler Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Handler Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Handler Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HANDLER ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF 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; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE HANDLER ENTITIES EXCEED THE GREATER OF ONE U.S. DOLLARS (U.S. $1.00) OR THE AMOUNT YOU PAID HANDLER, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE HANDLER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
A. Waiver and Severability
The failure of HANDLER 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, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
C. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at handlerapp.com/legal. If the revision, in our sole discretion, is material we will notify you through the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you have any questions about these Terms, please contact us.
Effective: January 1, 2017
Our House Rules play an important role in maintaining a positive experience for everyone using Handler. Our goal is to provide a service that allows you to connect and share with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below.
In order to provide the Handler service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be sent and received with Handler. These limitations comply with legal requirements and make Handler a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
Impersonation: You may not impersonate others through the Handler service in a manner that does or is intended to mislead, confuse, or deceive others. Parody, commentary, or fan accounts should be clearly labeled. For example, in your account bio write, “This is a parody account” or use a descriptive username, e.g., “@NotBillMurray”.
Trademark: Accounts using business names and/or logos to mislead others may be permanently suspended.
Private information: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
Violence and Threats: You may not publish or post direct, specific threats of violence against others.
Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
Misuse of Badges: You may not use badges, such as but not limited to the Promoted or Verified Twitter badge, unless provided by Twitter. Accounts using these badges as part of profile photos, header photos, background images, or in a way that falsely implies affiliation with Twitter may be suspended.
Please respect the privacy of others. Do not share another person’s private or confidential information. Some examples of private information include:
Keep in mind that although you may consider certain information to be private, not all postings of such information may be a violation of this policy. We may consider the context and nature of the information posted, local privacy laws, and other case-specific facts when determining if this policy has been violated.
You may not use the Handler service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
Additionally, Handler strives to protect its users from abuse. User abuse and technical abuse are not tolerated on the Services, and may result in permanent suspension. Any accounts engaging in the activities specified below may be subject to permanent suspension.
You may not create multiple accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the House Rules is cause for permanent suspension of all accounts.
You may not engage in targeted abuse or harassment. Some of the factors that we take into account when determining what conduct is considered to be targeted abuse or harassment are:
You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy. Additionally, you may not distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.
Keep it legal. Don't use Handler to engage in unlawful activities.
Accounts engaging in any of these behaviors may be investigated for abuse. Accounts under investigation may be removed from Search for quality. Handler reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.
We may revise these Rules from time to time; the most current version will always be at handlerapp.com/legal.
Effective: January 1, 2017
When you create a Handler account, you must provide access credentials either in the form of a Twitter Sign-In or by authentication using another service, such as phone number. You may optionally provide us with additional profile information, including a short bio, location, and profile picture. If you create your Handler account by connecting through another service, we may use public information from that connected account to help complete your Handler profile. You may update or modify your profile information and contact information at any time. Profile information is available publicly on our Services.
You may use your contact information, such as your email address or phone number, to customize your account or enable Services, for example, for login verification or Digits by Twitter. If you provide Twitter with your phone number, you agree to receive text messages to that number from Twitter. When you use Digits by Twitter to sign up for or login to a third-party application, you are directing Twitter to share your contact information, such as your phone number, with that application.
We may use your contact information to send you information about our Services, to respond to your requests and facilitate your use of the Services, to market to you, to help prevent spam, fraud, or abuse, and to help others find your account, including through third-party services and client applications.
You may use your settings for email and mobile notifications to control notifications you receive from the Handler Services. You may also unsubscribe from a notification by following the instructions contained within the notification or the instructions on our website.
Our Services include several features to help connect you to the accounts of people you already know. We may use the contact information (such as your phone number or email address) to help connect you with other Handler users, even if that information is not publicly displayed. Some contact information may be required in order to use certain Services. You may choose to upload your address book so that we can help you find users you know or help other users find you. We may later make suggestions to you and other users based on imported address book contacts. You can delete your imported address book contacts at any time. If you email us, we may keep your message, email address and contact information to respond to your request. If you connect your account on our Services to your account on another service in order to cross-post between our Services and that service, the other service may send us your registration or profile information on that service and other information that you authorize. This information enables cross-posting, helps us improve the Services, and is deleted from our Services within a few weeks of your disconnecting from our Services your account on the other service.
In addition to profile information, Handler may also receive information about your location. For example, you may choose to publish your location in your emails and in your Handler profile. You may also tell us your location when you set your trend location on Twitter.com. We may also determine location by using other data from your device, such as precise location information from GPS, information about wireless networks or cell towers near your mobile device, or your IP address. We may use and store information about your location to provide features of our Services, such as emailing with your location, and to improve and customize the Services, for example, with more relevant content like local trends, stories, ads, and suggestions for people to follow.
Handler may keep track of how you interact with links across our Services, including our email notifications, third-party services, and client applications, by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant advertising, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application, or visit a third-party website that includes a Handler plugin or widget. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications. Twitter uses Log Data to provide, understand, and improve our Services, to make inferences, like what topics you may be interested in, and to customize the content we show you, including ads.
Tip: We do not disclose your private personal information except in the limited circumstances described here.
We may share or disclose your information at your direction, such as when you choose to update your profile information or when you authorize a third-party web client or application to access your account. If you’ve shared information with another user who accesses the Handler Services through a third-party service, keep in mind that the information may be shared with the third-party service.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public Tweets, the people you follow or that follow you, or the number of users who clicked on a particular link (even if only one did), or reports to advertisers about unique users who saw or clicked on their ads after we have removed any private personal information (such as your name or contact information).
If you are a registered user of our Services, we provide you with tools and account settings to access, correct, delete, or modify the personal information you provided to us and associated with your account.
You can also permanently delete your Handler account. Your account will be deactivated and then deleted. When your account is deactivated, it is not viewable on Handler. For up to 30 days after deactivation it is still possible to restore your account if it was accidentally or wrongfully deactivated. Absent a separate arrangement between you and Handler to extend your deactivation period, after 30 days, we begin the process of deleting your account from our systems, which can take up to a few weeks.
Keep in mind that search engines and other third parties may still retain copies of your public information, like your user profile information, even after you have deleted the information from the Handler Services or deactivated your account.
Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.