T.O.S.

Definitions

“Tweet Your Prayers”, “TweetYourPrayers”, “TYP”, “@theKotel”, “us”, “we”, “our” refer to the operators of this site and of the services provided.

“You”, “your” refer to you, the user of the services (as defined below) offered by us, in case you accept the terms set forth below.

Services – services we offer include acceptance of prayer requests and the procedure of processing them (digitally and physically), by different means, such as a Twhttp://www.tweetyourprayers.info/wp-admin/post.php?post=17&action=edit&message=1itter account (www.twitter.com/thekotel), an iPhone application (http://omy.gd/iphone), an Android app (http://www.tweetyourprayers.info/apps/android-app/) and a customized form at www.hospitalprayers.org. Making this website and the content within it available online is also considered a service.

“Western-Wall”, “Kotel” refer to the Western-Wall in Jerusalem, Israel, the last remnant of the Jewish Second Temple and the place within prayers accepted are meant to be placed. More information about the Western-Wall is available at this address: http://en.wikipedia.org/wiki/Western_Wall .

 

Acceptance of Terms

Read these Terms of Use carefully before using any services provided by Tweet Your Prayers (TYP). Your use of the services provided constitutes your acceptance of these Terms of Use set forth below, and your agreement to become bound by them.

TYP reserves the right to revise and update these Terms of Use from time to time as it deems fit, and your agreement to these terms includes your assumption of responsibility for familiarizing yourself with the latest revision of the terms prior to making use of any of the services.

By using the services you also declare you are 18 years of age or older, as the use of the services is limited to people aged 18 or above.

 

Description of Service

TYP is a web-service that was established with the core purpose of making the Western-Wall in Jerusalem, and specifically the Jewish tradition of placing notes with prayers in its crevices, accessible to people all over the world by use of the internet and current technology. Among our services TYP uses Twitter, allowing Twitter users to “tweet” their prayers to the Western Wall (a.k.a the Kotel). Prayers received are printed on paper, made into notes, and placed in the Western Wall. Other means to convey prayers are an iPhone app (www.tweetyourprayers.org/iphone),  an Android app (http://www.tweetyourprayers.info/apps/android-app/) and a dedicated website for hospital bedside prayers (www.hospitalprayers.org).

Prayer requests received are printed on paper, made into notes, and stashed in the crevices of the Western-Wall.
The services are completely free of charge, and are performed by volunteers who put in time and effort for making this happen.

 

Use of the Services

You agree to use the services provided by TYP solely for personal purposes, and in ways permitted by law. You are not allowed to make use of the services for any other purpose, including, but not limited to, business or commercial uses of any kind, and offering prayer-submission services (with www.hospitalprayers.org being the sole exception to the latter).

You acknowledge that from the nature of this service, there is absolutely no guarantee if, when and how your prayers will be answered. Your discretion is required as to the overall use you make of the services, and the extent you wish to rely on prayers.

For privacy, in Twitter prayers are to be sent via Direct Messages. A direct message in Twitter means that when a tweet is sent, it can be viewed only by the sender and the receiver (provided, of course, that none of them republishes that tweet later). When tweets are not sent via direct messages it is possible for others (such as the sender’s followers) to view them. It’s your sole responsibility to fully understand the tweeting process before you tweet. Do not tweet unless you’re sure how.

For further instructions on your responsibilities as a user of the services, see the User Conduct section of these Terms.

 

User Conduct

You shall not post, distribute through, or otherwise publish through this site or any of the other services any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. TYP reserves the right (although TYP has no duty to do so) to remove any posting which, in TYP’s sole discretion, violates any of these terms and conditions. TYP also reserves the right to make available to the proper law enforcement officials any postings which, in TYP’s sole discretion, might be construed as in violation of the law.

The information, facts or opinions which are posted by users at this site do not necessarily reflect the views of TYP, and TYP does not assume responsibility or liability for the materials found here, nor for any claims, damages of losses resulting from any use of this service or the materials contained herein. If you are the owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify TYP immediately at the following address: contact@tweetyourprayers.org.

 

Submission of Content

The core activity of TYP is accepting prayer requests from users. TYP also actively solicits comments, testimonials, ideas, suggestions, photographs, artwork and other materials for this site and for TYP’s products and services (all of the above will be collectively referred to as “Submissions”). Submissions are accepted through this website and other services provided by TYP, such as the Twitter account, mobile applications, Facebook, email, www.hospitalprayers.org and any other services offered by TYP or available means of communication with TYP.
However, TYP requires that it is granted the right to use any Submission in any way it sees fit without either obtaining your consent or paying you or anyone else any compensation. Accordingly, by sending us a Submission, you automatically grant to TYP a perpetual, royalty-free, irrevocable and unrestricted worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute the Submission or incorporate the Submission into any form, medium, or technology now known or later developed for any purpose, including but not limited to the manufacture, sale, statistical analysis, advertising and promotion of products of every type and kind. Further, you automatically waive all “moral” and similar rights with respect to the Submission. TYP shall not be obligated to keep any such Submission confidential, and TYP shall not be liable for any use or disclosure of the Submission.

In addition, by sending us a Submission, you are representing to TYP that you are at least eighteen years of age and that you have the authority (on behalf of yourself and all other persons who either contributed to or appear in the Submission) to grant these rights to TYP.

The only exception to this has to do with prayer-submissions. While all of the above holds true for prayer submissions as well, TYP will not make use of prayer requests submitted in a way that reveals the identity of the sender, or the identity of any person mentioned in the prayer.

 

Intellectual Property Rights

General

“Tweet Your Prayers”, “TYP”, “@theKotel”, “Hospital Prayers” and all site design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, any original piece of information published on the website and/or Twitter feed and/or Facebook page and/or mobile applications, or other copyrightable elements, and the selection and arrangements thereof (the “Material”) are the property of TYP and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of TYP. Use of the Material is only permitted with TYP’s express written permission. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. All rights not expressly granted herein are reserved.

The above doesn’t apply to material generated by others which is published or embedded in the TYP’s website, Twitter feed, Facebook page or mobile applications, nor does it apply to material published in external websites which we link to.

Do not make use of any of the TYP’s copyrighted materials without expressed prior permission. You might be susceptible for legal claims if you do use TYP’s copyrighted material. If you are in doubt whether a certain material is copyrighted or not – contact TYP via email and make an inquiry.

Nevertheless, you are welcome to share and refer your friends and acquaintances to TYP’s Twitter account and website.

 

Mobile apps

TYP offers two types of mobile phone applications (“apps”) to the benefit of mobile device owners. These applications are for the iOS and Android operating system. The content within the applications themselves is copyrighted as detailed above. The apps themselves, i.e. the mobile software, are also the intellectual property of TYP. You may not copy, reverse engineer, redistribute, hack, alter or interfere with the software and\or service in any shape or form. If you choose to do any of the above, you will be solely accountable for any damages that may result from such actions, to TYP or others. In addition, you will be subject to a civil lawsuit by TYP.

 

Content and Links

TYP’s website contains information in different forms, such as texts, photos, videos, audio files, images, links or other. We are not responsible for the validity of any of the information in the website. We reserve the right to remove information from our website at any time and without prior notice. We in no way encourage you to take action regarding the information published and we are not responsible to any outcome that might occur as a result of such actions.


TYP may provide, through its services, links to other websites. You acknowledge that TYP has no control over external websites, including their content, availability, advertisements, user interaction or any other aspects of such websites. You also agree that TYP is not responsible or liable in any way, directly or indirectly, for any loss or damage you might incur as a result of your use of external websites.

 

Provision and Availability of the Services

TYP is not responsible for any technical malfunctions (hardware, software, connection, or any or of any other kind) that might prevent you to use the services, in part or in full, temporarily or permanently, whether the malfunctions originates on your or our end.

We do not commit making the services available to everyone who wishes to use them. We do not commit to process all prayers and bring them to the Western-Wall in Jerusalem. In our Twitter activity we may not follow users, temporarily or permanently, and we may remove users from our following list at any time, for any reason, without prior notice.

We do not commit to a time-table for placing prayers in the Western-Wall. If you have a prayer you consider urgent – please find another way to send it.

We do not daven at the Western-Wall or say Tehilim. Our activity is restricted to the physical placement of notes in the crevices of the Western-Wall.

We reserve the right to refuse service to certain users according to our judgment and considerations, without prior notice or allowing the opportunity to appeal. Reasons for such refusal of service include, for example and not limited to, a violation of any of the terms specified in the Terms of Service.

Documentation of placement of notes and prayers’ status updates:
This service is free of charge and handles many prayers. It is impossible to provide documentation/photographed proof that each single prayer has reached the Western-Wall. We do not document putting every single prayer in the Western-Wall and we do not send individual confirmation messages regarding placement of a specific prayer in the Western-Wall.

However, by submitting your prayer you allow us to send you updates regarding the prayer’s status. The difference is that these updates are regarding a significant number of prayers placed together in the same trip, in which your prayer is one of them. We won’t necessarily send individual updates – we may just announce it publicly on our Twitter page and/or website and/or Facebook group.

Throughout this operation, we may use services provided by third parties (e.g. - volunteers, technological tools including web-based tools, or any other services provided by 3rd parties) for any part of provisioning our services. The use of 3rd parties is meant to facilitate and improve the services provided for you the user. We choose to use third party services that we believe would help this operation, however, we are not responsible for these services and their quality.

 

Disclaimer of Warranties

THIS SITE & THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TYP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TYP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TYP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR OF THE INFORMATION IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT TYP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. AT SOME JURISDICTIONS APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND ACCORDINGLY IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TYP BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE, MISUSE OF OR THE INABILITY TO USE THE SERVICES, FOR WHATEVER REASON, EVEN IF TYP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, IF ANY. THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TYP ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Indemnification

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS TYP FROM ANY LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING IN ANY WAY FROM YOUR USE OR MISUSE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT IMPAIR TYP’S AVILITY TO PROVIDE ITS SERVICES, CLAIMS BY 3RD PARTIES AS STEMMED FROM YOUR USE OF THE SERVICES AND/OR VIOLATION OF THE TERMS OF SERVICE.

 

Use of Users’ Information

TYP uses or may use personally identifiable information that you provide for such purposes as sending requested electronic postcards and email messages, Twitter messages, Facebook messages and the such, and responding to your questions regarding our services. TYP currently does not disclose to third parties personally identifiable information that you provide, except from time to time, we may transfer, disclose or share such information with third parties who may be engaged by us specifically to handle and deliver certain online activities. Such third parties have access to personal information needed to perform their functions, but may not use it for other purposes. Please note, however, that personal information which you provide in a Submission may be shared with third parties. Please see the additional information on the Submission of Content section of these terms.

 

Mobile applications

TYP offers two types of mobile phone applications (“apps”) to extend service to mobile device owners. These applications are for the iOS and Android operating system. The applications were developed in compliance with the rules and guidelines of the respective mobile platforms.

In the Android app there exists a 21 prayers per day limit in order to prevent abuse.

You must use iPhone and Android apps installed from the official Apple App Store and the Android Market, respectively. TYP will not be held accountable in any way for any apps not installed from the official sources.

 

Communications

By following @theKotel on Twitter, joining our email mailing-list, joining our Facebook group you grant permission to TYP to message you on any matter, and at whatever frequency, TYP wishes and sees fit, including as a part of a mass-communication campaign (i.e., a mass message sent to a list). If you do not wish to receive such communications, you can unsubscribe from our email mailing-list, leave the Facebook group, and ask not to receive mass-messages on Twitter (“Tweets’) or simply unfollow @theKotel.

 

Donations and Sponsorships

Running this service is costly and time-consuming. We desire that submitting your prayers will remain a free of charge activity. Therefore, we reserve the right to use sponsorships to fund this operation and to raise donations from users who wish to do so, by PayPal. It should be made clear that these donations will finance the operation of this service, and are not meant for the official entity put in charge by the state of Israel as responsible for any matters relating to the Western-Wall in Jerusalem, or any other institution in Jerusalem. The funds raised will be used to cover the costs of operating TYP. PayPal is responsible for the technical aspect of the actual transaction, and we rely on its service to convey your donations. Any problems or claims regarding the sending of donations should be addressed to PayPal, as we simply have no control over PayPal’s operations. Sending donations is also subject to PayPal’s terms of use.

 

Miscellaneous and General Legal Terms

Due to manpower considerations, TYP does not offer support to users. Problems, questions and queries may be sent, but there is no guarantee when and if they will be answered.

This service has thousands of followers on Twitter. We are in no way responsible to any of their actions. Any complaint you might have against any other user of this service should be directed to Twitter, not TYP.

Once prayers are stashed in the Western-Wall, TYP’s involvement ends. We are not responsible for whatever happens with your prayer afterwards – physically and of course spiritually.

On our website and Android app we collect general analytics, such as number of visitors, their location, etc. in order to better understand our users and provide them better service. The data is aggregate and does not include any identifiable information of any individual.

By using this service you also agree not to violate the terms of the medium through which you have sent your prayer. For example. Twitter’s Terms of Use can be found at this address: http://twitter.com/tos.

TYP is affiliated with the following domain names: www.tweetyourprayers.info, www.tweetyourprayers.org, www.tweetyourprayers.net, www.tweetyourprayers.com, www.tweetyourprayers.de and www.omy.gd. From April 2010 until May 2012 TYP also operated websites with these addresses:  www.hospitalhope.org, www.hospitalprayers.org, www.hospitalprayers.com, www.hospitalprayers.net. These domain names were not renewed as of May 2012 and therefore TYP is not affiliated or responsible to any future product or service that might be offered on these domains . Regarding email addresses, the email addresses that belong and are being used by us are: contact@tweetyourprayers.org, tweetyourprayers@gmail.com, thekotel@ymail.com and other email addresses hosted on the aforementioned domains.

Tweetyourprayers / @theKotel is not affiliated with any other service, internet based or other, that is also conveying prayers to the Western-Wall.

 

Jurisdiction

In case of a legal dispute, the binding law is Israeli law, and litigations are to be held at Tel-Aviv courtrooms.

 

Last updated May 28 2012.