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TVITTY TERMS & CONDITIONS OF USE

TVITTY MEDIA, LTD (“TVITTY” OR “WE” OR “US” OR “OUR”) VALUES ITS USERS, SUBSCRIBERS, PUBLISHERS, MEMBERS, AND OTHERS (COLLECTIVELY OR INDIVIDUALLY, "YOU" OR "USERS") WHO VISIT AND USE ITS APPLICATIONS, SOFTWARE, PLATFORM, WEBSITE (INCLUDING, WWW.TVITTY.COM), AND ANY OTHER WEBSITES, APPLICATIONS, OR SERVICES OPERATED OR PRODUCED BY TVITTY (COLLECTIVELY, THE "SITE"). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE THEREOF AND/OR BEFORE DOWNLOADING ANY SOFTWARE. BY USING THE SITE, YOU EXPRESSLY CONSENT TO TVITTY’S PRIVACY POLICY, END USER LICENSE AND THESE TERMS AND CONDITIONS OF (“TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AN AUTHORIZED USER AND SHOULD DISCONTINUE ANY USE OF THE SITE. ALTHOUGH YOU MAY BE ASKED TO INDICATE YOUR CONSENT TO THESE TERMS OF USE ONLY ONCE, THE TERMS HEREOF, AS MODIFIED BY TVITTY FROM TIME TO TIME, WILL GOVERN YOUR CURRENT AND FUTURE USE OF THE SITE.

1. OWNERSHIP, LIMITED LICENSE AND RESTRICTIONS

1.1. Ownership and Limited License. Tvitty and/or its licensors are the owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Tvitty for limited use pursuant to these Terms and Use. Subject to your compliance with the Terms of Use, Tvitty grants you a personal, limited, fully revocable, non-exclusive, non-transferable, non-sub-licensable right to access, view, and download Site Content only for your personal, non- commercial use only within the geographical area connected with the applicable content. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."

1.2. Copyright and Limitations on Use. The Site Content and Site Code are owned by Tvitty and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2008 Tvitty Media Ltd.. All Rights Reserved Unless expressly permitted on the Site by Tvitty, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Links to the Site, other than to the Home Page, are only permitted upon prior written permission from Tvitty. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible by law.

1.3. Trademark. "Tvitty" and the Tvitty logo are trademarks and service marks belonging to Tvitty or its licensors (the "Tvitty Marks"). Any product, service, or trade name other than those owned by Tvitty that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Third party trademarks used on the Site are used with the permission of such trademark owners and all of their rights are reserved. Any use of the Tvitty Marks or any third party trademark is strictly prohibited.

1.5 Restrictions:

IN ADDITION TO RESTRICTIONS SET FORTH IN SECTION 1.2 ABOVE, BY USING THE SITE YOU AGREE NOT TO:

• use the Site for any purposes other than to access the Site Content according to the license terms set forth herein;
• post, upload, or distribute any content, other than for purposes of the Tvitty Forum, provided such content is not unlawful, infringing, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
• delete indications or notices regarding the copyright or other proprietary rights on the Site or any third party content;
• accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
• use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
• defame, harass, abuse, threaten or defraud users or third parties, or collect, or attempt to collect, personal information about users or third parties without their consent, or use the Material for any use other than that strictly permitted in the Terms of Use in accordance with the license terms therein, it being understood that the content available is for personal, non-commercial use only;
• use the Site if you are under the age limit required as per the applicable content;
• remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site and/or otherwise circumvent any technological measure protecting the Site or any Materials;
• modify, adapt, translate or create derivative works based upon the Site and/or the Materials or any part thereof;
• introduce any harmful code including without limitation uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code and/or take any action that imposes an unreasonable load on Tvitty's infrastructure;
• take any action that may interfere with Tvitty’s content rating and comment system;
• use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any component thereof, including but not limited to search;
• trademark, logo, or other proprietary information included in the Site, the content of any text or the layout and design of any page or form contained on a page;
• use any URL, meta tags, or other hidden text or metadata utilizing a Tvitty name, trademark, URL, or product name without Tvitty’s express prior written consent;
• send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;

1.6. Copyright Complaints. Tvitty abides by the US Digital Millennium Copyright Act (DMCA) and certain other applicable laws by responding to notices of alleged infringement that comply with the DMCA and certain other applicable laws (See our Copyrights Complaints policy attached hereto).

2. AGE REQUIREMENT

If you wish to access any adult or mature content on the Site, you represent and warrant that you are not a minor (in some jurisdictions, this means that you are at least 18 years of age or older) and that you adhere to any Site Content requirements, including age.

3. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS

3.1 Hyperlinks. This Site may contain hyperlinks or other references to third party Internet sites that Tvitty does not own or operate. Such hyperlinks are provided for your reference only. Tvitty makes no warranties or representations regarding the availability of, or the content located on or through, such sites. Tvitty does not endorse, sponsor, or review the content contained at the sites to which hyperlinks on Tvitty’s web sites are directed, nor does Tvitty represent that such sites are appropriate for children, in compliance with laws, or are what they purport to be. Accordingly, Tvitty does not accept any responsibility or liability for content contained at such sites. Likewise, the parties who own, control, or operate the sites at which such hyperlinks are directed do not necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink or content contained at the Site.

3.2 Third Party Postings. This Site may contain information or advertising for third parties. Tvitty expressly denies any endorsement, sponsorship, approval, or agreement with any third party communication made available via the Site, including messages, information, and advertising of its clients or licensors. Tvitty shall not be deemed to have considered, reviewed, screened, or approved of any such third party communication. However, Tvitty reserves the right for any reason to remove without notice any communication made available via the Site, and to deny in its sole discretion your access or any user access to communications made available via this Site.

4. PRIVACY POLICY

Please review our privacy policy which is available here and incorporated herein by this reference.

5. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

5.1 As with any on-line interaction and electronic communication, there is an inherent risk involved in transmitting any information via the Internet. Tvitty does not and cannot guarantee that its system is free from hackers or viruses or that information provided by users to Tvitty will not be stolen or otherwise surreptitiously obtained. Tvitty is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Use, Tvitty expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.

5.2 THE SITE AND MATERIALS ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TVITTY AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR THE ACCURACY OR COMPLETENESS OF THE MATERIALS INCLUDING WITHOUT LIMITATION FOR ANY DEFAMATORY, OBSCENE, OFFENSIVE OR CONTROVERSIAL CONTENT AND THE PROVISION OF OR FAILURE TO PROVIDE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. SUBJECT TO THE PROVISIONS HEREIN, NEITHER TVITTY NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES TVITTY, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.

5.3 IN NO EVENT SHALL TVITTY, ITS DISTRIBUTORS, CONTENT PROVIDERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING IN CONNECTION WITH THE SITE, MATERIAL OR ANY RELATED MATTER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF TVITTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SITE AND/OR MATERIAL IS TO STOP USING THEM. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW.

5.5 Termination. Tvitty reserves the right to restrict, suspend or terminate your access to any part of the Site, in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. The following Sections shall survive termination hereof:

5.6 Indemnity. You hereby agree to indemnify, defend and hold harmless Tvitty and its Affiliates from and against any and all liability and costs incurred by Tvitty or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Tvitty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Tvitty.

6. GENERAL TERMS.

6.1 Notices. Notices by Tvitty to you may be given by means of a general posting at the Site. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages, unless otherwise specified in these Terms of Use as follows:

1. You may contact support via our forums by clicking here
2. Mail and courier deliveries must be sent to: legal@tvitty.com

6.2 Governing Law/Forum Selection. These Terms of Use are governed by the laws of the State of Israel, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Tel Aviv, Israel in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms of Use or this Site. Any summons, order to show cause, writ, judgment, decree or other process, issued by such court, may be served on you at the address which you have provided to us or personally without the State of Israel, and when so served, you shall be subject to the jurisdiction of such court as though the same had been served within the State of Israel.

6.3 Relationship Between the Parties. Nothing contained in these Terms of Use shall be construed to constitute you and Tvitty as partners or joint ventures or to constitute employment or any type of agency whatsoever.

6.4 Acceptance Of Usage Rules. You agree that your use of the Site constitutes your acceptance of and agreement to use such content solely in accordance with the terms and conditions of these Terms of Use and that any other use of the content may constitute a copyright infringement of the rights of the content owners and/or of Tvitty.

6.5 Severability. If any provision of these Terms of Use is held invalid, unenforceable or void, the remainder of the Terms of Use shall not be affected thereby and shall continue in full force and effect.

6.6 Full Integration. These Terms of Use (that include the Tvitty End User License and Privacy Policy) constitute the entire agreement between you and Tvitty related to this Site. No prior or contemporaneous written, oral, and electronic representation, negotiation, or agreement form a part of this agreement, and these Terms of Use supersede all prior written, oral, or electronic agreements between you and Tvitty relating to this Site.

6.7 Written Agreement. These Terms of Use constitute a written agreement between you and Tvitty. A printed version of these Terms of Use, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.

6.8 Force Majeure. Tvitty shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of G-d, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

6.9 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

6.10 No Jury Trial. In jurisdictions where trial by jury is an available form of adjudication, you hereby agree to waive your right to a trial by jury in any proceedings with Tvitty.

6.11 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.

6.12 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

6.13 Modifications to this Agreement. Tvitty has the right to modify this Agreement and any policies affecting the Site, including without limitation the Privacy Policy. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Tvitty in providing the Site, is to cancel your subscription in accordance with the subscription help instructions and/or stop using the Site.

6.14 Modifications to the Site. Tvitty has the right to modify, suspend or discontinue the Site or any portion thereof at any amount of time, including the availability of any area of the Site. Tvitty may also impose limits on certain features and services or restrict your access to parts or all of the Tvitty Site without notice or liability.

If you have any further questions or comments regarding these Terms of Use, please feel free to send us an email: legal@tvitty.com

 

Copyrights Complaints Policy

As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Tvitty’s rights and obligations under the DMCA and do not constitute legal advice.

1. Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by Tvitty, please provide a notification containing the following details:

1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.

2. Counter-Notification

If material that you have posted to a site controlled or operated by Tvitty (such as Tvitty.com) has been taken down, you may file a counter-notification that contains the following details:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the applicable competent court and that you will accept service of process from the person who submitted a notice, as generally described above;
5. Your physical or electronic signature.

Please note, however, that this is no substitute for legal advice and you should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.