Please also view our Privacy Policies page and our FAQ/General Policies page.
Welcome to Twistedpdx.com. Twistedpdx.com ("Twisted" or "the Service") is operated by Twisted, LLC, an Oregon limited liability company (described here as "us", "we" or "the Company").
If you do not agree with the Terms, please do not use this Site or access any services made available through this Site.
You must be 13 years of age or older to use the Twistedpdx.com Site. Although our Site may be accessed by children under the age of 13, we will not knowingly collect or use any personal information from such children. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.
Use of the Service is void where prohibited. Twisted, in its sole discretion, may remove your content, and/or prohibit you from using or accessing all or part of the Service or the Site, including the blog, for any and no reason, at any time, and without prior notice or liability. If your access to the Site is terminated, the restrictions and obligations of this Agreement that by their essential nature and purpose should survive termination shall survive termination, including, but not limited to, ownership, licenses, warranty disclaimers, limitations of liability, and governing law and dispute resolution provisions.
You understand that the Service and the Site are available for your personal, non-commercial use only. You represent, warrant, and agree:
- That no materials of any kind you submit will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, obscene, abusive, threatening, or otherwise unlawful material.
- Not to harvest or collect any information from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Not to use automated scripts to collect information from the Service or the Site or for any other purpose.
- Not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden, or impair Site.
In addition, you agree not to use the Service or the Site to:
- upload, post, email, transmit, or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, transmit, or otherwise make available any material that is illegal in any way or which advocates illegal activity;
- intimidate or harass another;
- use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Service or the Site.
In order to use or access certain features or functions of this Site, you must register with Twisted or provide some contact information to Twisted. In return for your use of this Site, you agree to: (a) provide true, accurate, current and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
When you submit your registration to the online shopping cart portion of this Site, you will create a password-protected account to access certain features or functions of this Site. You agree to keep your account information and password confidential. You are responsible for all activities that occur under your account. You may not post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any other Site user. You agree to tell Twisted immediately about any suspected unauthorized use of your account. Twisted will not be responsible for any loss to you caused by your failure to comply with these obligations.
All orders placed through the Site are subject to Twisted’s acceptance, which is in its sole discretion. This means, among other things, that Twisted may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Twisted will issue a credit to your credit card account.
Proprietary Rights in Content on the Site
All content on the Site, including but not limited to files, designs, text, graphics, images, artwork, illustrations, audio clips, video clips, photographs, trademarks, logos, documents, the Site as a whole, and their selection, coordination and arrangement (the “Content”), are the proprietary property of the Company or its licensors and are protected under U.S. and international law and treaties. All rights are reserved. No Content may be used, modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, performed, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited and constitutes an infringement of the Company’s intellectual property rights.
Most trademarks and service marks appearing on this Site, including among others Twistedpdx.com, TWISTED, TWISTED (Stylized), and associated logos, banners, and page headers are Twisted’s trademarks and service marks. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, use of any Twisted trademark or trade dress is prohibited without Twisted’s prior written permission.
Content Posted on the Site
You are solely responsible for the text, files, photos, images, graphics and any other content that you publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to other users (collectively the “User Content”). You understand and agree that the Company may review and delete or remove any User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to publish, use, reproduce, copy, modify, perform, display, reformat, translate, excerpt (in whole or in part), distribute, archive, create compilation works from all or parts, store such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You hereby waive any right to inspect or approve any versions of the User Content or other use of the User Content by the Company and any right to compensation for the Company’s use of the User Content.
FOR YOUR SAFETY, WE RECOMMEND THAT YOU NOT POST ANY HIGHLY SENSITIVE PERSONAL INFORMATION TO THE SITE, SUCH AS YOUR ADDRESS, ACCOUNT OR IDENTIFICATION NUMBERS, SOCIAL SECURITY NUMBER, OR SIMILAR TYPES OF INFORMATION.
Links to other websites
The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Service does not imply approval or endorsement of the linked website by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
This Site may offer blogs, photo galleries, or other platforms for users to User Content. This Site may also offer other interactive areas where users can express opinions and share ideas and information. Twisted cannot and does not monitor, pre-screen or pre-approve the User Content published on this Site. Twisted does not control, is not responsible for, and does not guarantee the accuracy, integrity or quality of the User Content on this Site. By using this Site, you may be exposed to Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable.
By using this Site, you agree to accept such risks and agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its Content. You acknowledge that the Company has the right (but not the obligation) in its sole discretion to refuse, delete or edit any Content that is available through this Site, for any reason or for no reason. The Company is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Service, whether posted or caused by users of the Site or by any of the equipment or programming associated with or utilized in the Site or the Service. The Company is not responsible for the acts, omissions, or conduct, whether online or offline, of any user of the Site. Under no circumstances will the Company be responsible for any loss or damage of any kind incurred, including personal injury or death, resulting from anyone’s use of the Site or the Service, any content posted on or through the Site or the Service, or any interactions between users of the Site whether online or offline.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service.
THIS SITE, THE SERVICE, AND THE CONTENT ARE PROVIDED BY TWISTED ON AN "AS IS" BASIS. TWISTED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OR THE MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TWISTED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TWISTED, LLC OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST DATA, OR INTERRUPTION OF BUSINESS, ARISING FROM YOUR USE OR INABILITY TO USE THIS SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue
You agree to indemnify Twisted and its officers, directors, employees and agents from and against any and all third party claims, demands, liabilities, losses, costs or expenses, including reasonable attorneys fees, due to or arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Site in violation of this Agreement or your violation of any law or the rights of a third party.