TERMS AND CONDITIONS OF USE FOR WITTYMIX.COM
b. Using WittyMix refers to accessing, clicking, browsing, or performing any activities that connect to or make use of WittyMix.
c. “Content” refers to data or media in any form. This includes, but isn’t limited to text, photos, illustrations, audio, and video.
d. The words “you” and “your” refer to you, the user who upon reading this agreement accepts the terms.
e. The words “we” and “us” refer to WittyMix.
f. “User Content” refers to any and all content submitted to WittyMix by users, as a collective group.
g. “Your Content” refers to any and all content that you, personally, submit or make available. This includes, but isn’t limited to reviews, ratings, information, and invitations displayed on your profile.
h. “WittyMix Content” refers to any and all content created or made available by WittyMix.
i. “Third Party Content” refers to any and all content created or made available by data providers who license data usage to WittyMix, other parties, or its users.
j. “Site Content” refers to any and all types of content posted and therefore made available on the site.
2. Permission to Use.
WittyMix permits use of this site within the boundaries defined in this Terms of Service agreement. You may at any time be exposed to indecent, inaccurate, objectionable, and/or inappropriate content. We do not guarantee the accuracy of content, and we do not approve or encourage offensive content.
By reading this you agree to abstain from participation or encouragement of any and all of the following activities:
a. Violate the WittyMix Terms of Service or any and all laws that apply.
b. Use WittyMix to stalk, defraud, harass, or otherwise harm any other person or their reputation.
c. Use WittyMix for discriminatory or biased purposes.
d. Create excessive and unwarranted network traffic.
e. Use any software or device to manipulate the site to operate in a way that is unlike the way it was intended to operate.
f. Use WittyMix to affect regular search results in any way, for example, keyword spamming.
g. Use WittyMix to solicit minors for information or cause harm to minors.
h. Use the site to crack encryption codes or passwords, interfere with security, or for any purposes that cause harm to the site or content.
i. Use WittyMix or content found within as a means of spreading damaging items. This includes, but is not limited to viruses, worms, or Trojan horses.
j. Use WittyMix to submit or present illegal or pornographic content.
k. Use WittyMix in any way that might create a conflict of interest or the appearance of a conflict of interest. This includes, but is not limited to soliciting reviews or trading reviews with other businesses.
l. Use WittyMix for commercial or promotional purposes, not explicitly permitted by these terms of service.
m. Unlawfully reverse engineer any part of WittyMix.
n. Remove, disable, damage, or interfere in any way with any of WittyMix’s security structures that limit site use or inhibit unlicensed copying of site content.
o. Attempt to achieve unauthorized access to any part of the site, including computer systems, user accounts, or connected networks by means of password mining, hacking, or any other illegal and/or unethical methods.
p. Mine site data, process, or record any data about WittyMix or its users.
q. Abuse the site or site content (other than your own content) through modification, translation, sale, reproduction, or distribution of site content or the site itself.
r. Omit or manipulate any part of WittyMix’s intellectual property, including copyrights, trademarks, or other exclusive rights’ notices on anything copied, printed, or distributed from the site.
s. Access, index, or scrape the site or content using any automatic or somewhat automatic method as a means to (a) reformat any part of WittyMix, (b) develop or occupy a database of business-focused evaluations, or (c) take any action that will impose or have the potential to impose an excessive burden on our systems.
t. Use WittyMix in any way that infringes upon the rights of users or third parties. This includes any and all rights, both proprietary and intellectual. This includes but it not limited to moral, patent, copyright, privacy, trademark, trade secret, and publicity.
4. User Accounts.
For access to some of WittyMix’s features, you may be prompted to log in using a Facebook account. If you do not have a personal Facebook account you will need to create one in order to access the features. By reading this, you agree to notify us immediately if you know or have cause to suspect that someone, other than yourself, is using your account. WittyMix does not take responsibility for any activity linked to your personal account.
a. “Personal Accounts” refer to social media accounts that are used for your own individual, non-commercial purposes. By reading this, you agree to provide truthful and comprehensive information about yourself when producing your personal account. You may not create multiple personal accounts or impersonate another individual in any way.
b. “Business Accounts” refer to accounts used solely to represent a business. To create a business account, you must be an authorized representative of the business, and you must register using a Facebook account. By reading this, you agree to submit truthful and comprehensive information about yourself and the business when producing your business account. You may not create more than one business account for the same organization or register business e-mail addresses without authorization.
5. Content and Responsibility.
Your content is exclusively your responsibility. You assume any and all risks associated with your content. This includes, but is not limited to reliance on accuracy, entirety, or usefulness and disclosures that reveal your identity. Upon posting content on WittyMix, you signify personal ownership and/or authorization to use the posted content. WittyMix accepts no liability for your content. You may not infer in any way that your content is endorsed or supported by WittyMix.
You may be found liable if (a) your content violates any third-party rights, both proprietary and intellectual. This includes, but is not limited to copyright, privacy right, publicity, trade secret, patent, trademark, or moral right; or (b) your content contains information that is fraudulent or intentionally misleading, information that harms minors, information containing pornography or hate speech, unlawful information, or information that violates or encourages others to violate laws or regulations.
6. Content Permissions.
Your content may be displayed on WittyMix, assimilated into other works, used in promoting, distributed, or used for any other lawful purpose. By posting your content or making it available, you grant irrevocable permission to use your content for any purpose. You also consent to waive any moral rights, credit claims, and declarations for your content.
7. Content Uses.
WittyMix reserves the right to remove or reinstate user content at any time and for any reason at our discretion. In particular, we may remove content that violates our Terms of Service or that we believe to be inappropriate.
To distribute content easily, some of the site content (also referred to as “feed content”) is made available through Atom feeds and Real Simple Syndication (RSS) feeds. Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) you do not redistribute the feed, (b) content such use is personal and not commercial displayed feeds link back to relevant pages on the site and feature WittyMix as the source, (c) you do not suggest that WittyMix endorses or supports any third-party products, ideas, websites, or services, (d) displayed feeds link back to relevant pages on the site and feature WittyMix as the source, and (e) WittyMix’s systems are not overloaded by your access of the feeds.
WittyMix reserves the right to end access to any feed at any time and for any reason.You do not own the rights or entitlements to compensation for advertisements that run alongside your content or anywhere else on the site. Advertising manner, mode, and extent are subject to modification without warning.
8. Third Parties.
b. You may see links to other websites (“third party sites”).
Responsibility for third party content lies with third party sites and not with WittyMix. Third party sites are not endorsed or coordinated by WittyMix.
9. Site Availability.
We reserve the right to update, modify, or discontinue WittyMix at any time, for any reason, at our discretion, without notice or liability.
WittyMix content elements include interactive features, computer code, products, visual interfaces, software, cumulative user reviews and ratings, and all other elements of WittyMix’s user and third-party content. These elements are owned by WittyMix. Modifying, distributing, reproducing, exhibiting, or exploiting any of the WittyMix content, is prohibited unless explicitly authorized by the site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights to WittyMix and all site content. All intellectual and proprietary rights that are associated with WittyMix in any way, including all copyrights, trademarks, service marks, trade names, are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.
You must be at least 18 years old and a resident of the United States to use this site. If you use WittyMix as an agent of any business entity, you must be an authorized representative of that business and you agree on behalf of that business to be bound to these Terms of Service. If you do not meet these eligibility requirements or if you do not have the authority to bind your company to these Terms of Service, you must not use this site.
12. Unauthorized Access.
We strictly and explicitly prohibit unauthorized access to WittyMix. We reserve the right to use any and all means necessary to inhibit unauthorized access. This includes, but is not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using program obstructions.
13. Account Termination.
WittyMix reserves the right to terminate or suspend your account or site access without notice or liability. For example, if we have reason to suspect that you are partaking in illegal activity or you have breached any of these Terms of Service, we may terminate or suspend your account. In the event that your account is terminated or suspended, you will be prohibited from accessing your account, your content, the site content, and/or any related data.
a. Suggestions for Site Enhancement: If you think of ways to potentially improve WittyMix, please use our “Contact Us” form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you verify that (a) WittyMix is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under deliberation, (c) your feedback does not contain confidential or proprietary information involving third parties, and (d) you grant WittyMix a royalty-free, irrevocable, non-exclusive license to use, modify, publish, distribute, and sublicense the feedback and all advancements resulting from it.
b. Dissatisfaction: To help us persistently improve your user experience, we invite you to share negative feedback with us using our “Contact Us” page. However, keep in mind that termination of your account or discontinuing use of WittyMix is the only way to fully remedy your dissatisfaction.
By reading this you agree that you will indemnify and hold harmless WittyMix and all of its parents, subsidiaries, affiliates, licensors, partners, and suppliers, as well as the directors, employees, officers, agents, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any claim made by a third-party arising from (a) a violation of the Terms of Service, (b) your access to or use of WittyMix, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You agree to cooperate with claims as WittyMix reserves the right to assume exclusive defense and control of any matter in which you are required to compensate us. We will make reasonable efforts to make you aware of any legal claim, action, or proceeding. You may not settle any matter without written consent from us.
17. Warranties, Disclaimers, and Limitations of Liability.
a. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY WITTYMIX AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON WITTYMIX AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN “AS IS” BASIS. WITTYMIX DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM WITTYMIX SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
b. WITTYMIX DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF WITTYMIX OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
c. ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY WITTYMIX. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
d. ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY WITTYMIX. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY WITTYMIX; HOWEVER, WITTYMIX RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
e. LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH WITTYMIX IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.
f. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
- This agreement overrides any and all other previous agreements between you and WittyMix, both express and implied.
b. The Terms of Service contain the entire agreement between you and WittyMix for all instances and types of site use.
c. Both parties acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
d. In either party’s failure to exercise any right provided above will not result in the providing of a waiver.
e. In the event that any provisions found in these Terms of Service are found to be unenforceable or illegal, those provisions will be abolished or limited to the minimum extent necessary to make them enforceable and legal.
f. These Terms of Service may not be interpreted as authorization of agency, employment, joint venture, or partnership. These Terms of Service do not give you authority to bind WittyMix in any way.
g. You may not assign, transfer, or sub-license these Terms of Service without WittyMix’s written agreement. Any assignment made in violation of these Terms of Service will be void. WittyMix reserves the right to transfer the Terms of Service without restriction.
h. You agree that the State of California will govern any dispute involving WittyMix without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco county, California state, and United States federal courts.
i. Nothing contained in these Terms of Service gives rights or remedies to any third party, except where expressly stated.
j. Section titles and headings within the Terms of Service are listed for user convenience only; they hold no contractual or legal effect.
k. WittyMix reserves the right to make necessary changes to these Terms of Service. We will notify you of any such changes by posting the revised Terms of Service on this page with a list of changes. Notifications may also be provided to you through e-mail or regular mail, but this is not required. By reading this, you agree to periodically revisit this page to read all changes. All changes are in effect at moment they are posted on this page. All future changes are binding to you through use of this site. By continuing to use WittyMix after changes to the Terms of Service have been made, you indicate agreement with all changes.
19. Contact Information
To report a Terms of Service violation or to ask a question about the Terms of Service, contact our legal department.