This document describes the terms of service for using the X company's services and website. It covers topics like:
Who can use the services and the minimum age requirement of 13 years old.
Users are responsible for the content they provide and post. X can remove content violating their policies.
Users grant X a license to distribute and monetize the content they post.
Rules against misusing the services by interfering with them or accessing private areas.
X disclaims warranties and limits liability for the services and content.
California law governs these terms of service. Users waive rights to participate in class action lawsuits against X.
- The Terms of Service give X Corp broad rights to use, modify, and distribute user content, while users retain limited rights. This favors X Corp.
- X Corp disclaims warranties and limits liability even for damages incurred directly from using the services. This favors X Corp.
- The agreement is governed by X Corp's jurisdiction and venue. This favors X Corp.
- Overall, the Terms of Service heavily favor the rights and protections of X Corp over the user.
Questions for your attorney
- What specific user data will be collected, and how will it be used?
- What remedies are available if X improperly uses or discloses my personal data?
- Can I request deletion of my personal data, or correction of inaccurate data?
- What happens to my data if I deactivate my account?
- What legal basis allows the collection and use of user data?
- What safeguards are in place to prevent unauthorized access to user data?
- What procedures handle user requests for data access, correction, or deletion?
- What requirements govern retention and disposal of inactive user data?
- What obligations exist to notify users of a data breach?
The Terms do not specify a time period or notice requirements for changes to the Terms. This means the terms could change frequently or drastically without notice.
There are broad licenses granted to X Corp for user content, including to sublicense or syndicate the content. The scope of these licenses is unclear.
The limitation of liability section appears to disclaim all liability, even liability that cannot legally be disclaimed under applicable law.
There is no choice of law provision for users that are government entities unable to accept California law.
The agreement allows X Corp to terminate accounts for any reason, without cause.
The Terms do not specify a time period or notice requirements for changes to the Terms. This means the terms could change frequently or drastically without notice.
The licenses granted by users for their content are very broad, which may limit X Corp's rights for syndication deals.
The limitation of liability section attempts to disclaim all liability, which may not be enforceable.
There is no choice of law provision for government entity users that cannot accept California law.
X Corp has broad rights to terminate accounts without cause, which could lead to arbitrary account terminations.
- You must be at least 13 years old to use the Services.
- If you use paid features of the Services, you agree to the applicable Terms for Paid Services.
- We may need to provide you with certain communications, such as service announcements and administrative messages.
- If you use advertising features of the Services, you agree to our Master Services Agreement.
- In no event shall the aggregate liability of the X Entities exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid us, if any, in the past six months for the Services giving rise to the claim.
The legal text could be summarized as follows: The terms of service are a contract between the user of services and X Corp, the provider of services. This contract outlines the rules that the user must follow when using the services provided by X Corp. It also explains what X Corp will provide to the user, how the services should be used, and what will happen if these rules are not followed.
The Terms of Service ("Terms") control how someone can use X Corp's services, which include their websites, SMS, APIs, email alerts, applications, buttons, widgets, ads, and other services that are linked to these Terms. These Terms also apply to any information, text, graphics, photos, audio, videos, or other materials that are shared or appear on the Services. If a user uses X Corp's services, that means they agree to follow these Terms.
The Terms act as an agreement between the user of the services and X Corp., the company that provides the services. When the terms "we," "us," and "our" are used, they refer to X Corp.
The services can be used by anyone who agrees to follow the rules set by X Corp. These individuals must be old enough to legally use these services and have not been previously banned from using them.
The services can only be used if a formal agreement is made with X Corp and the user isn't prohibited from receiving services under the laws of their location. The user must be at least 13 years old. If the user is using the services for a company, organization, government, or other legal group, they need to have the authority to agree to the terms on its behalf. If they have this authority, the terms "you" and "your" in the agreement refer to the legal group.
This section discusses how X Corp handles the User's personal information. It outlines the measures taken by X Corp to protect the User's privacy.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The user of the services is accountable for how they use the services and for any information they share through it. The user must follow all laws, rules, and regulations. Any information shared should be something the user is okay with others seeing.
When the user of the services relies on or uses any content or materials accessed through the services, it's at their own risk. X Corp, the provider of services, doesn't guarantee the content's completeness, truthfulness, accuracy, or reliability. Also, they don't endorse any opinions expressed through the services. The user should understand that some content could be offensive, harmful, incorrect, inappropriate, misleading, or wrongly labeled. The person who created the content is solely responsible for it. X Corp may not supervise or control the posted content and can't take responsibility for it.
X Corp has the authority to eliminate any content that breaks the User Agreement. This includes things like stealing someone else's copyright or trademark, pretending to be someone else, doing something illegal, or harassing others. Details about these rules and how to report or dispute violations are available in X Corp's Help Center.
If someone thinks their work has been copied and this copying infringes on their copyright, they should report this issue. They can do this by filling out a form on X Corp's website, or by getting in touch with the person at X Corp who handles copyright issues.
The text talks about the person's rights and the permission they give to X Corp regarding the content.
The user keeps their rights to any content they share, post or show through the services. Anything the user owns remains theirs — this includes their content and any audio, photos and videos they include, which are seen as part of the content.
When a user shares or posts any content via X Corp's services, X Corp gets a free, global license to use that content in various ways, which might include changing it, publishing it, or distributing it through different media now or in the future. X Corp can also let other people or organizations use this content. The user agrees that X Corp can share this content with others for things like distribution, promotion, or publishing on different platforms and media, based on X Corp's terms. X Corp, or any other company, organization or individual, doesn't have to pay the user for using the content they shared or posted through X Corp's services. Using X Corp's services is considered enough payment for the shared content and the rights granted.
The rules for how X Corp's partners can interact with the User's content are constantly changing to ensure an open system that respects the User's rights. It should be understood that X Corp has the ability to alter or adjust the User's content when it is shared, published, or shown by X Corp and its partners. This also includes making changes to the User's content so it can fit different types of media.
The user promises that they possess all the required rights, licenses, consents, permissions, power, and/or authority to share any content they provide through the services of X Corp. The user agrees not to include any material protected by copyright or other ownership rights in their content unless they have the needed permission or are legally allowed to share the material. Furthermore, they must be able to legally grant X Corp the right to use this content as described above.
This section is about how the user is supposed to use X Corp's services.
The rules and policies laid out by X Corp are a part of the User Agreement and describe the behavior that is not allowed when using the services. The services should be used in agreement with these terms, along with any other applicable laws, rules, and regulations. If any content or behavior by the user goes against these rules, or relates to sensitive media, X Corp can take action. Users have the option to challenge these actions by X Corp through a process outlined in their enforcement options.
X Corp reserves the right to change the Services at any time. They may stop providing the Services or certain features within the Services to the User or to all users. X Corp can also put limits on use and storage. They can remove or refuse to distribute any content on the Services, limit distribution or visibility of any content on the service, suspend or terminate users, and reclaim usernames, all without any responsibility to the User.
If X Corp provides extra services or features, there might be more rules that apply when these services are used. When the user uses or pays for these extra services, they are also agreeing to these extra rules. These extra rules become part of the agreement between the user and X Corp. If there's a conflict between these extra rules and the main terms, the extra rules will be the ones that count while the user uses these special services.
If the user chooses to use services that cost money, they must agree to X Corp's terms and conditions specifically for those paid services.
If a user decides to use the developer features of X Corp's services, they must agree to both the Developer Agreement and Developer Policy. Should a user want to change, reproduce, or use the services or content in any way, they must use the methods provided by X Corp, unless allowed through the services, these terms, or the terms provided on X Corp's developer website. Without these permissions, such actions are not allowed.
Any security researchers using the services must follow the rules of the Vulnerability Reporting Program. However, the previously mentioned requirements may not apply to those involved in this program. If a user uses any advertising features of the services, they must agree to X Corp's Master Services Agreement.
The account refers to the personal profile or space that the user of the services has with X Corp, the provider of the services.
The user must set up an account to use the services offered by X Corp. It's the user's duty to keep their account safe. This includes using a strong password and only using that password for this account. If any harm or loss happens because the user didn't follow these rules, X Corp will not be held responsible.
The user has the ability to manage most messages from X Corp's services. However, X Corp might need to send important messages such as service updates or administrative information. These are seen as part of the services and the user's account, and the user might not be able to choose not to receive them. If the user changes or deactivates the phone number linked to their account, they must update their account details to avoid X Corp sending messages to the old number, which could be owned by someone else.
This part is about the permission granted to the user of the services to use them, provided by X Corp, the company that offers these services.
X Corp grants the user a free, global, personal license to use the software that comes with the Services. This license is meant to allow the user to use and benefit from the Services as X Corp offers them, according to the Terms. This license can't be transferred or sold to anyone else.
The services provided by X Corp are protected by copyright and trademark laws in the United States and other countries. The agreement doesn't grant the user any rights to use X Corp's name, trademarks, logos, domain names, or other unique brand features. All ownership and interest in the services, except for content given by users, remain exclusively with X Corp and its licensors. Any feedback, comments, or suggestions made by users about X Corp or its services can be used by X Corp in any way they want, without any obligations to the user.
If the services provided by X Corp are not used appropriately, this is considered misuse.
The user agrees not to improperly use X Corp's services. This includes not trying to interfere with or gain unauthorized access to the services, not trying to bypass any software restrictions, and not attempting to break down or recreate the software unless the law specifically allows it. The user is not permitted to meddle with non-public areas of the services, test system vulnerabilities, or bypass security measures. Unauthorized access attempts, including automated methods, are not allowed unless specifically agreed upon separately with X Corp. Users are forbidden from altering email or post headers or from sending misleading information. They must not engage in any behavior that violates X Corp's rules, including spamming or disrupting other users' access. Helping others to break these terms is also a violation.
Either the user of the services or the service provider X Corp can decide to stop the agreement at any time. If the user breaks the rules, X Corp can stop providing the services immediately. If either of them ends the agreement, the user must stop using the services and any data the user has stored with X Corp may be unavailable.
X Corp can stop providing services or close the user's account at any time under certain conditions. These conditions include: if the user breaks the rules, causes potential legal trouble for X Corp, uses the account unlawfully, leaves the account unused for a long time, or if continuing to provide the service isn't profitable for X Corp anymore. X Corp will try to inform the user by email or at the next login attempt. If allowed by law, X Corp can also stop providing services or close the user's account for any other reason. If this happens, the agreement between the user and X Corp ends, but some parts of it still apply. The user can complain if they think their account was closed by mistake. Even if the user's account is closed or deactivated, the agreement between the user and X Corp still exists.
This section is about warnings and restrictions on responsibility. It means that X Corp, the provider of services, is not promising that everything will always work perfectly. It also states they won't be held responsible for any problems or losses that the user of services might experience as a result of using their services.
The services provided by X Corp are given in their current condition. There are no guarantees about their quality or function.
The user should understand that they use the services provided by X Corp at their own risk. X Corp offers these services 'as is' and 'as available', which means they don't guarantee that the services will be error-free or always available.
"X Entities" is a term that means X Corp and all the companies and people connected to it, like its parent companies, companies related to it, its officers, directors, employees, agents, partners, and even those who are legally allowed to act on its behalf. In simple words, all these people and companies, referred to as X Entities, are not providing any guarantees or taking any responsibility to the maximum limit the law allows.
X Corp (provider of services) and the user (user of services) may both make certain promises or guarantees, whether they are specifically stated or not.
The text states that X Corp does not guarantee that its services will meet specific needs or expectations, or that it won't violate any rights.
X Corp doesn't promise or guarantee that the Services or any Content will be complete, accurate, available all the time, timely, secure, or reliable. They are not responsible if the user's computer system is harmed, if data is lost, or if any other damage occurs from using the Services or any Content. They are also not responsible if any Content or communications are deleted, or fail to be stored or sent. X Corp doesn't assure that the Services will always meet the user's needs, or that it will always be available without interruptions, securely, or without mistakes. Even if advice or information is obtained from X Corp or through the Services, it doesn't create any promise or representation unless it is specifically stated.
In simple terms, 'Limitation of Liability' means that X Corp, the provider of services, is limiting the amount of money that they might have to pay to the user of services if something goes wrong.
Under the law, X Corp is not responsible for any indirect, unexpected, special, consequential or punitive damages. This includes loss of profits, revenues, data, goodwill, or other non-physical losses. This applies whether these losses come from using or not being able to use their services, any behavior or content from a third party on the services, any content obtained from the services, or unauthorized access or alteration of transmissions or content. If X Corp is to be held accountable, they will not pay more than either $100 or the amount the user paid them in the past six months for the services that caused the issue. This applies no matter what the legal theory is (warranty, contract, statute, tort or otherwise), even if X Corp knew these damages might happen, and even if other attempts to fix the issue have failed.
This section contains broad or overall information.
X Corp can change these Terms at any time. The new terms will not apply to past situations, only future ones. The most recent version of the Terms can be found at x.com/tos and will be the rules that govern the relationship with the User. X Corp will do their best to inform the User of important changes, possibly through a notification or an email. If the User continues to use the Services after the changes are made, it means they accept and agree to the new Terms. Also, as allowed by law, the User gives up the right to be part of any group legal action against X Corp.
The rules of California will apply to these conditions and any disagreements between the user of the services and X Corp. If there's a disagreement, it will be handled only in the courts of San Francisco County, California, USA. The user agrees to this and gives up any complaints about this location being inconvenient. The user also gives up the right to be part of any group lawsuit, if the law allows this.
If a U.S. federal, state, or local government entity uses X Corp's services in an official manner and legally cannot agree to the previous rules about controlling law, jurisdiction, or venue, then those rules don't apply to them. For these U.S. federal government entities, the agreement and any related actions will follow U.S. laws. If there's no federal law about it, and as long as federal law allows it, they will follow California state laws. The laws will be applied directly, without considering any conflict with other laws.
The X User Agreement is originally written in English, but can also be read in different languages through translations provided by X Corp. X Corp does their best to ensure these translations closely match the English version. But if there are any differences or inconsistencies, the English version of the X User Agreement is considered the correct one. It's acknowledged that English is the reference language for understanding and interpreting the X User Agreement.
If any part of these Terms is found to be invalid or cannot be enforced, that part will be reduced or removed as little as needed. The rest of the Terms will still be completely valid and enforceable. If X Corp doesn't enforce a right or provision in these Terms, it doesn't mean they are giving up that right or provision.