Twitter Policy at WalMart
July 10, 2009 at 11:01 am #75493
YES I understand that WalMart is NOT a government enterprise but would offer that at the very least a significant portion of the policies could be rather easily ported to other enterprises
PLEASE READ THESE TERMS CAREFULLY
Thank you for visiting http://www.walmartstores.com/twitter (the “Site”). The Site includes a networking service operated by Wal-Mart-Stores, Inc. (“Wal-Mart”) to allow users to share experiences and communicate their thoughts and opinions. In light of the complexities governing the use and operation of websites, we have set forth below a series of Site Access and Use Terms (“Terms”) that apply to access to and use of the Site. We hope that you will understand that, in the complex legal world of the internet, website access and use terms are required. We have also included below, as part of the Terms, an identification of our agent for receipt of notice regarding copyright claims and other communications regarding the Site. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS.
1. MINORS AND CHILDREN UNDER AGE THIRTEEN
Minors must be supervised by a parent or legal guardian, and the parent or guardian must agree on their behalf, and on behalf of the minor, to these Terms. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to post to the Site. If you are under 13, please do not attempt to post or send any information about yourself to us, including your name, address, telephone number, or e-mail address. If you become aware that we have collected personal information from a child under age 13 without verification of parental consent, please provide notice to us at the address provided in Section 10, below.
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Due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any creative ideas, suggestions, text, designs, items, images, designs, illustrations, icons, logos, information or any other type of content placed on the site (all collectively referred to as “Content”). In order to avoid confusion and unmanageable situations, you must agree that all Content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to Wal-Mart to consider, retain, copy, use, publish, display, delete, distribute, modify, edit, performs, disclose and otherwise exploit the Content, at Wal-Mart’s sole discretion, and to authorize others to do so. Wal-Mart may, in its sole discretion, determine that a particular submission should be kept confidential. Any or all of these license rights can be assigned and sublicensed by Wal-Mart and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter conceived. PLEASE BE SURE NOT TO SUBMIT ANY WAL-MART CONTENT, SUCH AS DESIGNS, QUOTES FROM WAL-MART EMPLOYEES, IMAGES OF EVENTS OR ACTIVITIES AT WAL-MART, ADVERTISEMENTS, DOCUMENTS, ETC., UNLESS YOU HAVE SPECIFIC, WRITTEN PERMISSION FROM APPROPRIATE WAL-MART MANAGEMENT PERSONNEL.
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All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other proprietary rights in or associated with the Site, the Site Contents and Site Code are the properties of Wal-Mart, its owner(s), affiliated entities, licensors or third-party suppliers of products, services or Content. Nothing in these Terms or any Site Contents convey an ownership interest or a non-terminable license in any trademarks, service marks, certification marks, collective marks, trade names, trade dress, copyrights, patent rights, rights of publicity and other intellectual property or proprietary rights in or associated with the Site, the Site Contents or the Site Code. Any license granted under Wal-Mart’s proprietary rights is limited to your non-commercial use solely for the purpose of your access to, and permitted activities on, the Site. For example, you may not use any of Wal-Mart’s trademarks, service marks, certification marks, collective marks, trade names or trade dress to identify, indicate sponsorship or approval of, or advertise your activities, events, properties, memberships, endorsements, products or services or those of any third party. As used in these Terms, “Site Code” and “Code” mean any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
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Users of Visitor Features are bound by and must comply with the Terms and all applicable laws and regulations. For example, users agree NOT to do the following:
(a) Transmit any Content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to Wal-Mart, including but not limited to, communications that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual;
(b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary rights of any person or entity;
(c) Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features;
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(e) Modify, without proper authorization, Content provided by another user;
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In addition to compliance with the other provisions of these Terms, you agree:
(a) Not to alter any Site Content without Wal-Mart’s express, written permission or use any Site Content in a manner specifically prohibited by, or not expressly authorized by, these Terms;
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(c) Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of Wal-Mart; In addition, you agree not to combine or associate the Content or excerpt with any other material, e.g., as part of a derivative work, collective work or compilation;
(d) Wal-Mart may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by Wal-Mart, you agree to cease using and/or to destroy any copies of the subject Content or Code;
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This Site and all its Contents are provided solely for your personal, non-commercial use. In addition to Wal-Mart’s other rights, the compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Wal-Mart Stores, Inc and is also protected by U.S. and international copyright laws. © 2008 Wal-Mart Stores, Inc. Access and use of this Site by you does not grant to you any license except as may be expressly set forth in these Terms. All rights not expressly granted to you by these Terms are reserved by Wal-Mart, its owner(s), affiliated entities or its licensors.
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THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED “AS IS.” WAL-MART, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO, WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; (6) INJURY TO PERSONAL OR PROPRIETARY RIGHTS; AND (7) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
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PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WAL-MART, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, SUPPLIERS, AGENTS, AND CONTRACTORS FROM ANY AND ALL CLAIMS AND CAUSES OF ACTIONS ARISING FROM OR RELATED TO ANY VIOLATION OF THE TERMS BY YOU OR BY OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS. WAL-MART RESERVES THE OPTION, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL COOPERATE WITH WAL-MART IN ASSERTING ANY AVAILABLE DEFENSES. YOU SHALL BE RESPONSIBLE FOR ANY DAMAGES OR FINES ASSESSED DUE TO VIOLATION OF THE TERMS BY YOU OR OTHERS THAT GAIN ACCESS TO THE SITE THROUGH YOUR SYSTEM OR TO WHOM YOU HAVE PROVIDED ACCESS TO SITE CONTENTS.
8. PRODUCTS AND SERVICES
9. CHANGES TO SITE, TERMS AND OWNERSHIP
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10. NOTICE AND COMMUNICATIONS BY YOU REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code or Contents in a linked site or in this Site, including but not limited to Content provided by third parties via Visitor Features, infringes a copyright or other proprietary right or is otherwise injurious or violates these Terms, please forward the following information to our Notice Agent at the address specified below:
(a) Your name, address, telephone number, e-mail address and other pertinent contact information;
(b) A description of the right that you believe is infringed, the violation of these Terms or the injury that you believe is being caused;
(c) A detailed description of where the allegedly infringing, violative or injurious Content or Code is located;
(d) A statement by you (with respect to the right, violation or injury) that you have a good faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;
(f) A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and
(g) Any other information required for specific notice of the claim and allegedly infringing or injurious item.
Our Agent and recipient for notices and other communications regarding the Site is:
Wal-Mart Stores, Inc.
702 S.W. 8th Street
Bentonville, Arkansas 72716-0520
We seek to preserve all rights and exemptions from liability available under law, including without limitation, copyright law, but we do not stipulate that we are a “service provider” for all purposes.
This Site collects personal information (“ID Information”) you may choose to provide, such as your name, e-mail address, website address. We also collect certain technical information from your computer each time you request a page during a visit to the site. This information may include your Internet Protocol (IP) address, your computer’s operating system, browser type and the address of a referring website, if any. This data is used to manage and improve the Site, track usage, and for security purposes.
The information mentioned above may be used to authenticate the site user. The information you have provided will not be used for marketing purposes without giving you the opportunity to opt-out. Please remember that any information posted in the blog can be viewed by the public. You should not post personal information in these areas unless you are comfortable to have third parties viewing and using such information. We do not sell or rent your personal information to any third parties under any circumstances. We will share personal information only with our agents, representatives, service providers and contractors for limited purposes, including but not limited to, communicating to you and preventing fraud. Other limited circumstances may include when we believe in good faith that the disclosure is required to prevent or detect the source of harm or injury (such as fraud, infringement claims or other liability), or as required by law.
We may choose to utilize “cookies” to help manage and maintain the Site. Cookies are small bits of information that are placed on your computer to identify your Internet browser, store your preferences, and authenticate user sessions or provide services. Your computer can be programmed, or security software utilized, to warn you each time a cookie is being sent, block cookies or remove cookies. However, the blocking or removal of cookies can result in less utility or convenience regarding the Site.
If a Site user is located in the European Union and chooses to post Content, such as personal information, that will be publicly disclosed, that user is responsible for ensuring that such information conforms to all local data protection laws. Wal-Mart cannot take responsibility for compliance with EU local data protection laws for Content a user chooses to post on this Site.
If you have any questions about this privacy statement you can contact us at [email protected].
12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These Terms, and all disputes arising from or related to them, their interpretation, or their subject matters (including but not limited to Site Contents) shall be governed by, resolved and remedied in accordance with the laws of Arkansas, USA (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within Arkansas and to acts or omissions occurring wholly within Arkansas. Any claims arising from or related to the Terms or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Arkansas and you expressly consent to the jurisdiction and exclusive venue of said courts. However, Wal-Mart, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Fayetteville, Arkansas. All disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of law, jurisdiction, venue and forums for dispute resolution. To the extent permitted by applicable law or terms, and where applicable law or terms do not provide for a shorter term, you agree that any claim by you arising from or related to these Terms, or their subject matters, must be filed by you within one (1) year from the date the claim arose. Additional regulations of mandatory applicability may apply in certain circumstances and, e.g., provide for a shorter term in which a claim must be filed.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Wal-Mart. The section headings in these Terms are for convenience only and do not limit or otherwise affect the interpretation of any of the language in the Terms. If Wal-Mart fails to enforce any provision of these Terms or fails to exercise or waives any right in respect thereto, such failure or waiver shall not be construed as constituting: (1) a continuing waiver; (2) a waiver of its rights to enforce such provision with respect to other events; (3) a course of dealing; or (4) a waiver of any other rights under these Terms.
If any provision(s) of the Terms are deemed void or unenforceable in a determination by a body with proper jurisdiction, the parties agree (without waiving rights of appeal) that the subject provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the Terms and the parties shall negotiate in good faith with respect to their modification. If the parties cannot agree to a modification, the Terms shall be enforced, without the unenforceable provision, in a fair manner that most closely approximates the evident intent or understanding of the parties. Modifications made due to the unenforceability of any provision(s) or their being held void in a particular circumstance or jurisdiction shall not be deemed applicable (and the terms shall remain unchanged) in other circumstances and jurisdictions where such provision(s) would not be void or unenforceable.
These Terms comprise the entire agreement between the parties relating to the matters contained herein and shall not be modified except in a written document supplied by Wal-Mart, such as modified Terms.
Copyright © 2009 – Wal-Mart Stores, Inc. All Rights Reserved.
Twitter asks a very basic question of its users: “What are you doing?” And we know the answer to that question – we’re working every day to help people save money and live better.
Like we do on http://checkoutblog.com, on Twitter we encourage dialogue with customers about the products, brands and initiatives discussed by the writers. We welcome your thoughts and @replies on any and all of those topics. While we’ll do our best to reply to your comments, generally, we won’t be able to reply to store or service issues through Twitter. If you’d like to comment about customer service or any other issue please visit: Wal-Mart Stores Feedback or call 1-800-WAL-MART.
A few notes:
* While many of our 2.2 million associates around the world are using Twitter and other social networks, all official Wal-Mart Stores, Inc. Twitter users will be identified on this landing page and will have a link back to this page from their Twitter profile.
* Unless otherwise noted, Wal-Mart Stores, Inc. approved Twitter users will follow the following naming conventions of “business unit + name/category.” For example, “walmartradio,” “samsclubrobert,” and “walmartgames.”
* We won’t reply to off topic @replies. Personal attacks and foul language = FAIL. Adding to the discussion = WIN.
* @replies should contribute to the dialogue. Please support any claims with links to sources whenever possible. We love opinions. We love it even more when you back them up.
July 10, 2009 at 11:10 am #75495
I particulary like the WIN and FAIL part of their clause
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