Terms of Service

The following Terms of Service ("Terms") for the witnik web site and related services ("Services") is a legal contract between you and Ishango Pty Ltd ("Ishango"), an Australian company, which owns the witnik web site.

Your use of the Services is on condition that you accept and comply with these Terms. By accessing or using the Services you agree to be bound by these Terms.

If you are using the Services on behalf of a school, company or other organisation, you warrant that you have the authority to bind that organisation to these terms.

General Terms

  1. Your use of the Services is at your own risk. The Services are provided on an "as is" and "as available" basis.
  2. While Ishango will make all reasonable efforts to ensure that the Services are available twenty four hours a day, seven days a week, you understand that Services may be interrupted from time for maintenance, upgrades, or due to technical failure.
  3. You understand and accept that Ishango uses third party vendors to provide technology and services for the purpose of running witnik.
  4. Ishango may, but are not obliged to remove accounts and their associated content where the accounts are in violation of these Terms or applicable laws.
  5. Ishango may make changes to these terms at any time. If it does so, notification will be provided on the witnik homepage or the user dashboard. Your continued use of the Services will be taken as indication that you agree to the modified terms.
  6. Ishango reserves the right to place restrictions on the amount of content uploads and bandwidth usage of free accounts at its discretion

Prohibited Activity

It is a violation of these Terms to engage in the following activity:

  1. Using the Services to transmit spam or send unsolicited email or messages.
  2. Uploading worms, viruses or any other code of a destructive nature.
  3. Verbally or physically abusing, harassing or threatening other users of the Services, or employees of Ishango.
  4. Reproducing, duplicating, copying, reselling or exploiting any portion of the Services without the express written permission of Ishango.
  5. Hacking, adapting or modifying the Services in a way that is not expressly permitted.
  6. Hacking, reverse-engineering or otherwise attempting to attain access to the source code used by the Services, or otherwise circumventing any security measures that are in place.

Copyright Policy

You are required to comply with both Australian and United States copyright law in your use of the Services. Ishango reserves the right to remove content that is in violation of copyright laws in either jurisdiction

Ishango makes no claim over the intellectual property of content that you upload to the Services. However by sharing your content either publicly or with a subset of witnik users you agree that Ishango is permitted to display your content to those users.

Limitation of Liability

In no event shall Ishango, its officers, employees or members be liable with respect to the Services for (A) any indirect, incidental, punitive, or consequential damages of any kind; (B) damages for loss of use, profits, user content or other intangibles; (C) damages for unauthorised use, non-performance of the Services, errors or omissions; or (D) damages related to downloading or uploading content.

Privacy

witnik's Privacy Policy is incorporated into these Terms by reference.

Other Agreements

For some users, usage of the Services may be subject to other legal contracts expressly entered into between the user and Ishango. To the extent that terms of such contracts may conflict with these Terms, the terms of the other agreement will take precedence.

Contacting witnik

For further information about the Terms, contact us at terms@witnik.com.