Terms of Use

Introduction

Make Tweets Great Again (“MTGA”) is a website application that charges a user’s credit or debit card on a monthly basis for the dollar amount specified by the user multiplied by the number of times per month a tweet is made from the Twitter account @realDonaldTrump. Once the user’s card is charged each month, 90% of the total dollar amount is donated to the American Civil Liberties Union (“ACLU”). Happy Fun Corp, LLC (“HFC” or “Company” or “we” or “us”) keeps the remaining 10% to pay for the maintenance and operational fees associated with MTGA. At this time we are donating to the ACLU on behalf of our users, and therefore your donations or contributions to the ACLU through our MTGA are not tax deductible donations.

This site and the applications and services available in connection with this site (collectively, the “Site”) are made available to you by HFC and are subject to these terms and conditions, including those set forth in the Make Tweets Great Again Privacy Policy (the “Terms”). By accessing, using or downloading any materials from the Site, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time through this page. MTGA and its third party providers may make improvements and/or changes in the products, services, applications, features, programs, and prices described in this Site at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages at this Site. The Site is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

Services

By signing up for an account and using the Site, you can use our platform to designate the amount of money 10 cents or greater to be multiplied by the number of tweets made on Twitter from @realDonaldTrump. On the first business day of each month, MTGA will automatically charge your card for the total number of tweets in the prior month multiplied by the dollar value that you designated on the Site. Our Services allow you to create an account and select the dollar value for goods or services using a credit or debit card at your direction (the “Program”). We have no control or liability for the acts or omissions of the recipients of your donations.

Payment processing services for users on MTGA are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on MTGA, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of MTGA enabling payment processing services through Stripe, you agree to provide MTGA accurate and complete information about you and your business, and you authorize MTGA to share it and transaction information related to your use of the payment processing services provided by Stripe. By signing up for your account, you agree to Stripe’s Terms of Service and the Stripe Connected Account Agreement.

We reserve the right to modify or change our Site, MTGA, the Program, or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site, MTGA, the Program or any Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change, or discontinue the Site, MTGA, the Program or any Services.

Content

All content and graphics created by Company that are contained on this site are owned by Company and are protected by intellectual property laws as well as other state, federal, and international laws, regulations, and treatises. You may not copy, reproduce, republish, post, or otherwise distribute this content without the express written permission of Company.

Use of Site

We may limit the amount of money you can donate or contribute through our Services. For example, your donations may also be limited by your available credit or bank account balance. You are solely responsible for over limit fees, overdraft fees, finance charges and the like imposed by your bank or card issuer if your donations exceed your available credit limit or bank account balance.

The full amount of your donations that you make less 10% fee you pay to Company are treated as contributions or donations to the ACLU. Currently, Company is issuing money to the ACLU from Company on behalf of MTGA’s users and therefore your contributions or donations are not tax deductible. Once we have established a relationship with the ACLU, you will receive a recipient tax form for your contributions. You are responsible for designating the proper tax treatment of and paying all taxes as a consequence of these donations or contributions that lack recipient tax forms.

All donations and contributions using the Services must be made in US Dollars. Refunds and cancellations will only be issued prior to the credit or debit card transaction by Stripe.

We and the ACLU are not required to accept your donation or contributions through the Services. You agree that we have no liability to you resulting from our or the ACLU’s non-acceptance or refund of any donation or contribution.

Prohibited Uses

You may not use the Site, MTGA, the Program or the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the violation of campaign finance laws and regulations, tax codes and regulations, charitable solicitations laws and regulations, or the harassing or making disparaging comments to any user of the Site or Application. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site, MTGA, the Program and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site, MTGA, the Program and Services and liability for damages caused by your noncompliance.

In addition to the foregoing, while using the Site, MTGA, the Program and Services, you may not (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading, or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, Application, or Services; (f) “frame” or “mirror” any portion of the Site, Application, or Services; (g) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application, or Services; (h) harvest or collect information about or from other users of the Site, MTGA, the Program or Services; (i) use the Site, MTGA, the Program or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site or MTGA, nor breach the security or authentication measures on the Site or MTGA or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MTGA, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in Company’s sole discretion and that Company shall not be liable to you or any third party for any termination of your account or access to the Site.

Security

Using the Services offered on or through the Site requires you to create an account, provide certain personally identifiable information, which may include but is not limited to your email, password, as well as certain personal financial information related to your credit or debit cards (collectively, your “Client Information”). You agree that you will maintain and promptly update your Client Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate your account and refuse any and all current or future use of the Site and/or Application by you. You are solely responsible for maintaining the confidentiality of your Client Information and Company will not be liable for any loss or damage arising from your failure to secure your account. You agree that you will notify Company immediately if you believe there has been an unauthorized use of your account. You also agree that you will not use any other person’s account without authorization.

Links to Other Sites

This Site and Application contain links to other third party sites. We do not control what those sites say or do. Company is not responsible for other sites' content, information collection practices, or use of the information they collect. Company is not responsible for and does not endorse the content of those sites. Your use of third party sites is subject to the terms and conditions of those sites.

Privacy

Our privacy policy is found here.

Disclaimer of Warranties & Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE ON THE SITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. HFC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. HFC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU EXPRESSLY AGREE TO RELEASE HFC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USAGE OF THE SITE, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR USAGE OF THE SITE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (c) ANY DELAY OR INABILITY TO USE THE SITE EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STRAVA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold Company, its members, owners, employees, contractors, and agents (“Company Party”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Company Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of privacy, campaign finance or tax law violations, copyright infringement, or trademark infringement arising out of your use of this site, your posting of content to this site, your violation of these Terms of Use, or your inability to keep secure your account.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You agree to submit to the non-exclusive jurisdiction of the state and federal courts in Brooklyn, New York.

Unenforceability

If any provision of these Terms of Use is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be limited or removed and the remaining provisions of these Terms of Use shall remain in full force and effect.

Statute Limitations

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Company, and govern your use of Company’s Site, the associated applications, or Services.

Waiver

The failure of Company to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

Ability to Modify Terms of Use

Company may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on this site. Your use of Company’s Site, Application, or Services constitutes your binding acceptance of these and any modified Terms of Use.

Questions? Please contact us at contact@mg.maketweetsgreatagain.us

Last Updated March 1, 2017