Terms and Conditions

Introduction

These Terms of Service ("TOS") describe the terms and conditions on which I.T.L. Media Ltd. ("I.T.L.") offers you access to itweetlive.com (the "Website"), and to services provided by I.T.L. through the Website.

By either (1) accessing our website; (2) clicking on the "I Accept" button ; or (3) implementing or using the Service (as defined and described below) you accept these terms and conditions in full, and, if you are acting on behalf of a company or other legal entity, you represent that you are authorized to accept these terms and conditions on behalf such entity (collectively, "You"), and that You are bound by the terms of the Agreement for the Service..

IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU MAY NOT USE, ACCESS THE WEBSITE OR USE THE SERVICES.

Use and Restrictions

IN NO WAY SHOULD THE SERVICES BE USED AS A SPAM TOOL. Any accounts found to be using the Services for SPAM will be removed and may be reported to Twitter, depending on the severity.

You agree to:

To use the Service for lawful purposes only and in compliance with any applicable law as well as the policies posted on the Website or conveyed by electronic notices;
Not to use the Service in a way that interferes, prevents or inhibits another user from enjoying the Service;
upload, post or otherwise transmit any material or a hyperlink to a webpage containing any material that contains software viruses or any other code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Not to circumvent, disable, or otherwise interfere with security-related features of Services or the Website, or features that prevent or restrict use or copying of the communications protocol or any other part of the Website or the Service
Not to remove, obscure or alter any notices or indications of any Intellectual Property Rights, any trade names, trademarks, service marks, logos, trade dress, and any other distinctive or proprietary symbols, labels, designs or designations ("Branding"), or any electronic notices;
Not to interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the Service servers;
Not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Not to challenge or assist others to challenge Branding, Intellectual Property Rights or registration or applications thereof;
Allow the content posted using the Service by all users, including by you, will be collected, aggregated and anonymously integrated into the Service, and that We will use aggregated data collected from you and other users for statistical and analytical reporting purposes; and
Allow the Service to be placed on your website(s) and you hereby grant us a nonexclusive, irrevocable during the term of this Agreement, royalty-free license to perform, or have performed, these activities.
you agree that I.T.L media Ltd would post massages on your behalf from your twitter account or facebook fan page without your specific approval.

Intellectual Property Rights and Uploaded Content

Unless explicitly stated otherwise, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved.

By submitting content or articles on our site, you represent and warrant that:

you have all the required rights to publish the content or articles and that you are not prohibited by any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) from submitting it to the Service;
that the content or articles will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; and
that you will not submit any content that is unlawful, harmful, abusive, defamatory, obscene, libelous, invasive of another’s privacy (including any personally identifiable information or the contact information without the consent of the owner of such information), or racially, ethnically, or otherwise objectionable.

You also agree that by submitting content or articles for public display using our Services, you grant us and our members a perpetual, irrevocable, royalty-free, world-wide, and non-exclusive license to publish and use the content or articles.

Third Party Websites

The Website may contain certain links that will let you access other websites, including twitter.com that are not under our control. The links are only provided as a convenience and I.T.L. does not endorse any of these websites. I.T.L. is not responsible for the contents of any linked website or any changes or updates to such websites. I.T.L. assumes no responsibility or liability for any material that may be accessed on other websites or reached through the I.T.L. website.

I.T.L.’S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY I.T.L. SERVICE.

Right of removal

I.T.L. reserves the right, but not the obligation, to remove any account with or without notice, at any time and for any reason. Should any account be removed for any reason, no karma credits / fees will be refunded.

Modifications to the Services and Prices

I.T.L Media may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, or policy shall be subject to these Terms of Service. I.T.L may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
Prices of all Services, including but not limited to monthly subscription plan fees for Services or the costs of karma credits, are subject to change without any notice from I.T.L.
I.T.L. shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.

Indemnification

You understand that you are entirely responsible for the content of, and any harm resulting from, content submitted through you Account with the Service. You further certify and undertake to indemnify us and hold us harmless against any claims of rights violations or any harm caused by any action of made through your Account.

You agree to defend (if so requested by I.T.L.), indemnify and hold I.T.L., its subsidiaries, and affiliates, and their respective directors, officers, shareholders, and employees harmless, as well as our contractors, and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service and/or the Website, including but not limited to out of your violation this agreement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY I.T.L. ON AN "AS IS" AND "AS AVAILABLE" BASIS. I.T.L. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS WEBSITE. NO WARRANTY THAT THE SERVICES OR THE WEBSITE WILL (1) MEET YOUR REQUIREMENTS, (2) BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR (3) NOT CAUSE ANY LATENCY OR PROCESSING DELAYS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND RESPONSIBILITY.

I.T.L. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. I.T.L. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, REPLAIS, TWEETS E-MAIL SENT FROM I.T.L. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. I.T.L WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, SPECIAL INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS EARNINGS, LOST PROFIT OR GOODWILL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF I.T.L. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU UNDERSTAND THAT THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THE TOS AND FORM THE BASIS FOR ENABLING I.T.L. TO OFFER THE SERVICES TO YOU AT THEIR CURRENT CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, I.T.L.’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 (US$100.00).

Entire agreement

TheseThese terms and conditions, together with our privacy policy constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. I.T.L. Media Ltd. may change the terms and conditions at any time without a prior notice. To stay up to date please visit our Terms and agreement page in http://www.itweetlive.com.

These TOS have been updated last on November 29, 2011.

Law and jurisdiction

The TOS shall be exclusively governed by and construed under the laws of Israel, without giving effect to principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts of the Central District, Israel with respect to any dispute and action arising under or in relation to the TOS, and explicitly waive any claim of Forum non conveniens or similar claim to that effect. Notwithstanding the previous sentence, you agree that I.T.L. shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.