Examples

X/Twitter Terms

X/Twitter's terms are an interesting read given how much content is posted there and how much we all interact with it every day. Did you know they limit their liability to $100?

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Summary

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.

  • X's privacy policy and how they handle user information.

  • 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.

Favor Scale

User X Corp
  • 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?

Potentially Problematic

  • 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.

Money Matters

  • 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.

Original Document

Simplified Document

X Terms of Service

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.

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

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.

These Terms are an agreement between you and X Corp., which provides X and the Services, 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. The words “we,” “us,” and “our” mean X Corp.

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.

1. Who May Use the Services

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.

You may use the Services only if you agree to form a binding contract with us and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services. 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 and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

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.

2. Privacy

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.

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by us and our affiliates.

The Privacy Policy explains how X Corp manages the information the user gives when using their services. By using these services, the user agrees to X Corp collecting and using this information as stated in the Privacy Policy. This also means the user accepts that their information can be moved to the United States, Ireland, or other countries for X Corp and its associated companies to store, process, and use.

3. Content on the Services

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.

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

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.

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. All Content 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.

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.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. Information regarding specific policies and the process for reporting or appealing violations can be found in our Help Center (https://help.x.com/rules-and-policies/x-report-violation#specific-violations and https://help.x.com/managing-your-account/suspended-x-accounts).

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 you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://help.x.com/forms/dmca) or contacting our designated copyright agent.

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.

Your Rights and Grant of Rights in the Content

The text talks about the person's rights and the permission they give to X Corp regarding the content.

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 incorporated audio, photos and videos are considered part of 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.

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 (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes 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 us to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, repost, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.

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.

We have an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media.

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.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

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.

4. Using the Services

This section is about how the user is supposed to use X Corp's services.

Please review our Rules and Policies, which are part of the User Agreement and outline conduct that is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations. X takes enforcement actions when Content or user behavior is in violation of our Rules and Policies or in relation to sensitive media. You can review X’s enforcement options and how you can appeal our enforcement decision here.

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.

The Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also 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 without liability to you.

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.

In consideration for our granting you access to and use of the Services, you agree that we and our third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. 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 X, its users and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

In return for being allowed to use the Services, the user agrees that X Corp and its partners can put advertisements on the Services or alongside content or information from the Services, whether it's provided by the user or others. X Corp also has the right to access, read, keep, and share any information they think is necessary to follow the law, enforce the Terms, investigate potential violations, handle security or technical problems, answer user support requests, or protect X Corp, its users and the public. X Corp doesn't share information that could identify the user with third parties unless it's in line with their Privacy Policy.

Certain services or features may be offered on X for which additional terms and conditions may apply in connection with your use of those services. By using or paying for any of these additional services, you agree to any additional terms applicable to those services, and those additional terms become part of our agreement with you. If any of the applicable additional terms conflict with these Terms, the additional terms will prevail while you are using those services to which they apply.

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 you use paid features of the Services, you agree to the applicable Terms for Paid 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 you use developer features of the Services, including but not limited to X for Websites, X Cards, Public API, or Sign in with X, you agree to our Developer Agreement and Developer Policy. If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Services, these Terms, or the terms provided on https://developer.x.com/developer-terms. Otherwise, all such actions are strictly prohibited. If you are a security researcher, you are required to comply with the rules of our Vulnerability Reporting Program. The requirements set out in the preceding paragraph may not apply to those participating in our Vulnerability Reporting Program. If you use advertising features of the Services, you agree to our Master Services Agreement .

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.

Your Account

The account refers to the personal profile or space that the user of the services has with X Corp, the provider of the services.

You may need to create an account to use the Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

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.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

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.

Your License to Use the Services

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.

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on X, in the manner permitted by these Terms.

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 are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the X name or any of the X trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain our and our licensors' exclusive property. Any feedback, comments, or suggestions you may provide regarding X, 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.

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.

Misuse of the Services

If the services provided by X Corp are not used appropriately, this is considered misuse.

You also agree not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You agree that you will not work around any technical limitations in the software provided to you as part of the Services, or reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits. 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, our computer systems, or the technical delivery systems of our 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 us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling or scraping the Services in any form, for any purpose without our prior written consent 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; (v) engage in any conduct that violates our Platform Manipulation and Spam Policy or any other Rules and Policies; or (vi) 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. It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage violation of these Terms.

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.

Ending These Terms

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.

You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Services. See https://help.x.com/managing-your-account/how-to-deactivate-x-account for instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information.

The user can stop their agreement with X Corp whenever they want. They can do this by turning off their accounts and not using the services anymore. The website https://help.x.com/managing-your-account/how-to-deactivate-x-account has steps on how to turn off the account. The Privacy Policy contains more details on what happens to the user's data after they turn off their account.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time if we reasonably believe: (i) you have violated these Terms or our Rules and Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct; (iv) your account should be removed due to prolonged inactivity; or (v) 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, depending on the circumstances. To the extent permitted by law, we may also terminate your account or cease providing you with all or part of the Services for any other reason or no reason at our convenience. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 2, 3, 5, 6, and the misuse provisions of Section 4 (“Misuse of the Services”). If you believe your account was terminated in error you can file an appeal following the steps found in our Help Center. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

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.

5. Disclaimers and Limitations of Liability

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 are Available "AS-IS"

The services provided by X Corp are given in their current condition. There are no guarantees about their quality or function.

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. The

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” refers to X Corp., its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE X ENTITIES DISCLAIM ALL

"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.

WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF

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.

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

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.

The X 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 X Entities or through the Services, will create any warranty or representation not expressly made herein.

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.

Limitation of Liability

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE X 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, GOODWILL, 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 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 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 X 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.

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.

6. General

This section contains broad or overall information.

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at x.com/tos, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

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 laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

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 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).

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 written in English but is made available in multiple languages through translations. X strives to make the translations as accurate as possible to the original English version. However, in case of any discrepancies or inconsistencies, the English language version of the X User Agreement shall take precedence. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of the X User Agreement.

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.

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. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

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.