Welcome to twiching.com
The Site is not available to persons whose membership has been suspended or withdrawn by Twiching.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site. You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Twiching.com of any unauthorized use of your password or account or any other breach of security. In no event will Twiching.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Twiching.com for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
You will provide true, accurate, current and complete information about yourself as prompted by Twiching.com's registration form.
You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if Twiching.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of Twiching.com under this User Agreement or at law, Twiching.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
Twiching.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity. You agree to provide any information and/or documentation to Twiching.com upon such requests. You acknowledge and agree that if you do not, Twiching.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Twiching.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
Twiching.com is an online platform allowing photographers and related professional to share their work. They also can sell their work through this platform.]
Membership on the Site is free. Twiching.com does not charge any fee for browsing. Twiching.com may choose to temporarily change the fees for our services for promotional events (for example, free shipping days) or new services, and such temporary changes are effective in accordance with their terms when we post them on the Site.
In case of non-payment of fees and/or any applicable taxes and charges by you to Twiching.com, without prejudice to any other rights and remedies of Twiching.com under this User Agreement or at law, Twiching.com without liability reserves the right to issue you with a warning regarding the non-payment in question. Temporarily or indefinitely suspend, limit or withdraw your access to the Site and/or your membership, if you fail to make the outstanding payment within 7 calendar days of Twiching.com issuing a warning to you. Twiching.com also reserves the right to take any necessary steps including legal action in case of non-payment of fees by you to Twiching.com
While using the Site, you must not:
- post Information or content or list items in an inappropriate category or areas on our Site;
- post photos you do not have a right to link to or include;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
- post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
- post Information or content or list items which may (in our sole discretion) threaten national security;
- post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
claim an item was not sold when in Twiching.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
circumvent or manipulate our fee structure, the billing process, or fees owed to Twiching.com;
take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Twiching.com);
transfer your Site account (including feedback) and username to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Site;
attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
violate any laws, rules, regulations, guidelines, third party rights or our policies;
abuse Twiching.com's Shipping Policy , or any of Twiching.com's other policies or terms and conditions posted on the Site from time to time
securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
You undertake, represent and warrant that:
you are 18 years of age or over the age of 18 years;
if you are a corporate representative, you have authority to bind the corporate entity;
you are the sole and exclusive legal and beneficial owner of all photos you wish to offer for sale on the Site and you have complete right, title and authority to deal in and offer for sale photos;
you will inform Twiching.com of any postings, items or transactions which appear to be in violation of this User Agreement;
you shall comply with all applicable domestic and international laws and regulations regarding and relating to your use of the Site;
you will not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and
you will not disclose or publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Twiching.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Twiching.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Twiching.com" and related logos, and other words and logos on the Site either unregistered trademarks or registered trademarks of Twiching.com and are protected by international trademark and other intellectual property rights and laws. Twiching.com's trademarks may not be used in connection with any product or service that is not Twiching.com's nor in any manner that disparages or discredits Twiching.com. All other trademarks not owned by Twiching.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Twiching.com.
Please report problems of any kind or violations of this User Agreement to Twiching.com. If you believe that your intellectual property rights have been violated, please notify Twiching.com. Without prejudice to any other rights and remedies of Twiching.com under this User Agreement or at law, Twiching.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Twiching.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Twiching.com is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.
Twiching.com is not required to mediate or resolve any dispute or disagreement between users.
The Site may include links to third party websites that are controlled by and maintained by others. Twiching.com cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that Twiching.com is not responsible for the content or availability of any such sites. However you acknowledge and agree that you may not include links in any user-posted content on the Site.
Twiching.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Twiching.com excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
You release and indemnify Twiching.com and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
Without prejudice to any other rights and remedies of Twiching.com under this User Agreement or at law or otherwise, Twiching.com may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
If you breach this User Agreement;
If Twiching.com is unable to verify or authenticate any information you provide; or
If Twiching.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Twiching.com.
Twiching.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Twiching.com or use the Site in any manner whatsoever until such time that such user is reinstated by Twiching.com. Notwithstanding the foregoing, if you breach this User Agreement Twiching.com reserves the right to recover any amounts due and owing by you to Twiching.com or any losses and damages caused by you to Twiching.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Twiching.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Twiching.com's right to take any actions with respect to that, or subsequent or similar breaches. Twiching.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
You hereby grant Twiching.com the right to, and irrevocably acknowledge and agree that Twiching.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Twiching.com agrees to use all reasonable endeavors to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Twiching.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Twiching.com.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Twiching.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason.