TERMS OF USE

By using, viewing, or examining wittybittybunch.com, the User (patron using or accessing wittybittybunch.com), acknowledges agreement with the Terms of Use. If the User does not agree with any of these Terms of Use, do not use this site. The Quackenworth Publishing Company ("QPC" or the "Company"), owner and operator of wittybittybunch.com, reserves the right, to update or modify these Terms of Use at any time. By using wittybittybunch.com after QPC has posted notice of such modifications, the User agrees to be bound by the revised terms. QPC retains the right to deny access to anyone who the Company believes has violated any of these Terms of Use.

QPC may suspend or terminate the user's account and ability to use any wittybittybunch.com or portion thereof for failure to comply with the terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

RESTRICTIONS

All electronic images ("Materials") on wittybittybunch.com, including, but not limited to text, images, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by QPC. Material on wittybittybunch.com is operated and controlled by QPC, SOLELY FOR THE USER'S PERSONAL, NON-COMMERCIAL USE. Said Materials may not be copied, reproduced, republished, posted, transmitted, or distributed in any way, including by e-mail or other electronic or physical means. Without the prior written consent of QPC, modification of the Materials on wittybittybunch.com website, use of the Materials on any other website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial utilization, is a violation of the copyrights, trademarks, and other proprietary rights held by the Company. Such modifications or uses are prohibited.

USE OF CONTENT

(A) CONTENT - All information, materials, functions and other content contained on wittybittybunch.com is copyrighted property of QPC. All characters, trademarks, service marks, and trade names (“Content”) are proprietary material. No Content from wittybittybunch.com may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of wittybittybunch.com.

(B) DOWNLOADED CONTENT - The user of wittybittybunch.com may in the course of using the site, may download a digital book (dbook), an electronic book stored on the wittybittybunch.com, or other downoadable material, including printable sheets, “wall paper”, ring tones, and other materials. All electronic downloaded content is intended for a single computer for the user's personal, noncommercial home use only. The user must:

PROFILES

Some services on the wittybittybunch.com require the user to create a profile to have access to additional benefits. The user agrees to provide, maintain, and update accurate, current and complete information as prompted by wiitybittybunch.com's registration processes. The user shall not impersonate any person or entity or misrepresent an identity or affiliation with any person or entity. The user will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. The user agrees to immediately contact QPC (info@quackenworth.com) about any unauthorized use of a username, password, other account information, or any other breach of security that the user becomes aware of as it pertains to any profile on wittybittybunch.com. In addition, the user agrees to exit or logout from their account at the end of each session.

SUBMITTING CONTENT ("SUBMISSIONS")

QPC refers to the word “Submissions” as text, messages, ideas, concepts, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, the users' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that the user submits, posts, uploads, embeds, displays, communicates or otherwise distributes on the wittybittybunch.com.

According to QPC's terms of use there are two types of Submissions: Solicited Submissions and Unsolicited Submissions:

(a) Solicited Submissions means those Submissions that QPC expressly requests and that you Distribute on or through the wittybittybunch.com.

(b) Unsolicited Submissions are any and all Submissions that do not fall within aforesaid “solicited submissions” guidelines.

Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

COMMUNICATION AND PUBLIC FORUMS

“Public Forum” means an area, site or feature offered as part of any wittybittybunch.com that allows the users to distribute Submissions for viewing by one or more users on wittybittybunch.com, including a chat area, message board or social community environment. Although there are limited or no opportunities to communicate with strangers or (other users you may not know personally) via a Public Forum on wittybittybunch.com, QPC may at some point add this feature to the site. With this in mind, QPC requires that the user adhere to said policies stated this section (“ COMMUNICATION AND PUBLIC FORUM”)

The user acknowledge that Public Forums and features offered therein are for public and not private communications, and the uses has no expectation of privacy with regard to any Submission to a public Forum. QPC cannot guarantee the security of any information the user discloses through out any part of wittybittybunch.com; The user makes such disclosures at their own risk.

The user shall remain solely responsible for the Submissions they distribute on or through any wittybittybunch.com under their username in any Public Forum and for the consequences of submitting and posting same. QPC has no duty to monitor any Public Forum.

The user should be skeptical about information provided by other users, and the user acknowledges that the use of any Submission posted in any Public Forum is at the users own risk. QPC is not responsible for, and does not endorse or support in any way, the opinions, advice or recommendations posted or sent by users in any Public Forum.

RULES OF CONDUCT

The following Rules of Conduct apply to any and all wittybittybunch.com users By using wittybittybunch.com, the user agrees that they will not distribute any Submission that:

• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages wittybittybunch.com or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the wittybittybunch.com; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum; or (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “grieving” as those terms are commonly understood and used on the Internet.

QPC cannot assure that other users of wittybittybunch.com are or are willing to comply with aforesaid Rules of Conduct or any other provisions of these Terms of Use, and, as between the user and QPC, the user hereby assumes all risk of harm or injury resulting from any lack of compliance.

REMOVAL OF SUBMISSIONS

QPC reserves the right to remove any Submission from wittybittybunch.com that violates these terms of use (including the Rules of Conduct). PQC also reserves the right to identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when QPC believes in good faith that such identification or disclosure will either (a) facilitate compliance with laws (b) help to enforce these terms of use (including the Rules of Conduct) and/or game rules, and/or protect the safety or security of any person or property, including any wittybittybunch.com user. Moreover, QPC retains all rights to remove Submissions at any time for any reason or no reason whatsoever.

LINKS

This site may contain connections (“Links”) to other web sites. These Links are only for the User's sole convenience. The User accesses these Links at his or her own risk. QPC is not responsible for the content of the linked Sites.

QPC welcomes links to wittybittybunch.com. The User, persons or parties attempting to establish a link to wittybittybunch.com, may create a hypertext link to this site, provided that the link does not explicitly imply sponsorship or endorsement of the User's site by QPC or endorses illicit behavior or products. The User may not use on his or her site any trademarks, service marks or copyrighted materials appearing on the QPC site, without the express written consent of the owner of the mark or right. The User may not incorporate into another website any of the Materials on the QPC site without express written consent from QPC.

DISCLAIMER OF LIABILITY AND WARRANTIES

While QPC does its best to provide quality performance and a good-faith appearance of the material on this website, the user agrees that use of the wittybittybunch.com is at your own risk. The wittybittybunch.com and all Materials on this website, are provided "as is" and, to the fullest extent permitted by law, are provided without express or implied warranties. QPC does not warrant that functions self-contained in the Materials in this website will be continuous; that imperfections will be corrected; that the website is free of Trojan horses, worms, viruses or other harmful software components or that the website is accurate, free of errors or reliable. The User agrees that QPC is not liable for any derogatory, offensive or illegal conduct or material found in connection with this site, including such conduct or material transmitted by unauthorized means by other parties.

INDEMNITY

The User agrees to defend, indemnify and hold harmless QPC and its affiliates, from and against all liabilities, claims, damages and expenditures (including reasonable attorney's fees and costs) occurring from the use of this website; your breach or alleged breach of the Terms of Use or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

INDEMNIFICATION

The user is responsible for maintaining the confidentiality of their username(s), password(s), and profile(s), as well as all activities that occur under their account(s). The user hereby agrees to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by the user of these terms of use or claims arising from their use of the wittybittybunch.com and/or their account(s). The user shall use their best efforts to cooperate with QPC in the defense of any claim. QPC reserves the right, at QPC's own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by the user.

OTHERS

The Terms of Use operates to the fullest extent permissible by the law. If any provision of the Terms of Use is unlawful, void or unenforceable, that specific provision is considered severable from the Terms of Use and does not, in any way, affect the validity and enforceability of the remaining provisions. This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to any principles of conflicts of law.

The User agrees to comply to the exclusive jurisdiction of the courts of the State of California or, if appropriate, the United States District Court for the Central District of California for resolution of any dispute, action or proceeding arising in connection with the Terms of Use or the User's use or non-use of this website, and the User further waives any right he or she may have to trial by jury in any such dispute, action or proceeding.