Terms Of Service

Terms Of Service of bWitty

The Service:
bWitty currently provides users with access to a rich collection of resources, including, various communications tools, forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for bWitty to provide the Service. You also understand and agree that the service may include certain communications from bWitty, such as service announcements, administrative messages and the bWitty Newsletter, and that these communications are considered part of bWitty membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new bWitty properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that bWitty assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

General Conditions of Use:
Your use of bWitty is expressly conditioned on your acceptance of and agreement to the following Terms of Use Agreement (the "Agreement"). This Agreement sets forth the terms and conditions which apply to your use of the bWitty web site. By using this site, you agree to abide by this Agreement. In addition, when using specific services or entering contests or sweepstakes, you agree to abide by any guidelines or rules posted in connection with such services, contests or sweepstakes, all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this site. bWitty reserves the right to modify this Agreement at any time. Your continued use of this site following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with this Agreement at all times when using this site, bWitty reserves the right to deny or restrict your access to this site. The terms and conditions of this Agreement shall apply regardless of the means by which the bWitty web site was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites.

bWitty disclaims any responsibility for the content of any third party materials provided through or on this website. bWitty siterespects intellectual property rights and reserves the right, in its sole discretion, to restrict the access of Users who infringe the rights of copyright holders, and to remove or disable access to infringing material. If you are a copyright holder and believe that any Content appearing on any bWitty web site constitutes copyright infringement, please provide bWitty with the information requested below. The bWitty notification requirements listed below are intended substantially to conform to the copyright infringement notification requirements of the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

To be effective under this subsection, a notification of claimed copyright infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please forward the above information, in writing, to bWitty's designated agent for notification of claimed copyright infringement:

Use Of bWitty:
All rights reserved to bWitty & Amit Avner. Republication or redistribution of bWitty content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of bWitty.

You agree to use bWitty only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. bWitty neither endorses the contents of any User communications nor assumes responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising therefrom, or any crime facilitated thereby.

Any attempt to gain unauthorized access to bWitty's computer systems is prohibited. Not all areas of bWitty may be available to you. You shall not interfere with any other User's use and enjoyment of bWitty or another entity's use and enjoyment of similar services.

bWitty may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by bWitty elsewhere on this web site. bWitty may delete any and all information, communication(s), and/or posting(s) for online conduct that bWitty believes is harmful to other Users, the business of bWitty, its affiliates, or other third-party information providers.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by bWitty, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

bWitty grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by bWitty for use in accessing the Service.

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

bWitty Notes:
By using bWitty Notes, you may be exposed to content which is offensive, indecent or otherwise objectionable to you. If you believe that any such Content violates this Agreement, we encourage you to contact us at abuse@bwitty.com. bWitty reserves the right to modify or remove anything submitted, posted, or uploaded to bWitty, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and bWitty reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will bWitty be liable for any errors, omissions, or offensive material contained in any content posted and/or sent by users, or for any loss, liability, claim, damage, or expense (including reasonable attorney's fees) arising from or in connection with your use of any content posted by any users.

You agree not to collect or store personal data about other users or members, or to submit any message board posting, e-mail, and/or chat room statement that contains or provides links to:

1. Any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);

2. Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

3. Any false "header" (the legend attached to e-mail messages to show the message's point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through bWitty. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;

4. Any content that you do not have a right to transmit under any law or any contratual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);

5. Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights; this includes "warez" (copyrighted software that is distributed illegally), "MP3" files of copyrighted music, copyrighted photographs, text, video, or artwork;

6. Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using an bWitty address or containing any references to bWitty ("spam"), "junk mail," "chain letters," "pyramid schemes," or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.

7. Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;

8. Any material that constitutes "stalking" or any other form of harassment of any member or User of bWitty or any other person;

9. Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;

10. Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, "hacking," "cracking," or "phreaking");

11. Any raffle, contest, or game requiring payment of a fee or other conideration by participants;

12. Any hate propaganda or hate mongering, swearing, or fraudulent material or activity;

13. Any Content that advertises or promotes any product or service;

14. Any Content that solicits funds, advertisers or sponsors;

15. Any Content that disrupts the normal functioning of the note boards; or

16. Any Content or activity that bWitty, in its sole discretion, deems inappropriate for its note boards.

Please be aware that you can ban users from sending you note ever again.

DISCLAIMER OF WARRANTIES:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. bWitty EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
bWitty MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM bWitty OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT bWitty SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF bWitty HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Copyright and Intellectual Property:
bWitty respects the intellectual property of others, and we ask our users to do the same. bWitty may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide bWitty's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you are seeking permission to use bWitty trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the permission requests department.

Trademark Information:
bWitty™, bWitty.com™, Making life simple™, Pretty Witty™, bWitty logo™ and bWitty's White Owl™ and service marks, and other bWitty logos and products and service names are trademarks of bWitty (the "bWitty Marks"). The "look" and "feel" of bWitty sites including bWitty's color combinations, button shapes, layout, and all other graphical elements. Without bWitty's prior permission, you agree not to display or use in any manner, the bWitty Marks.

PakPaka:
PakPaka is all original content created by bWitty and for bWitty. All rights reserved.
By viewing PakPaka you agree to all the terms of service that are listed in this docuemnt.
You may NOT copy or use the content in PakPaka including the PakPaka™ logo and the "look" and "feel" of PakPaka sites including PakPaka's color combinations, button shapes, layout, and all other graphical elements. Without bWitty's prior permission, you agree not to display or use in any manner, the bWitty and PakPaka Marks.

Company:
bWitty is a privately registered company.
bWitty is fully and exclusively owned by Amit Avner.
The mark "An Amit Avner Company" or "A subsidiary of bWitty" or "by bWitty"
means that the following website is fully or partly owned by Amit Avner (and all the terms of service listed in this document protect this website).