ISRAELATACLICK.COM
TERMS OF SERVICE
These Terms
of Service are a binding contract between you (“You/Your”), and IsraelAtAClick.com (“IsraelAtAclick”). By using the services described below,
you are indicating your acceptance of these Terms of Services.
IsraelAtAclick
retains the right to modify these Terms of Service, at IsraelAtAclick’s
sole discretion, from time to time. Modified terms will be posted from
time to time on the IsraelAtAclick web site. Furthermore, as we move forward,
we anticipate moving part of our content and services to subscription-only
participation. In this regard, while these Terms of Service will continue
to apply, additional terms of service may be specified.
IsraelAtAclick
may offer services that are subject to different terms of service.
- The Services
IsraelAtAclick.com
is a website containing information about a wide range of topics related
to Jewish Orthodox lifestyle, news, resources and services in Israel
(the “Services”).
You hereby
acknowledge that third party content, software-as-a-service or other
Services which IsraelAtAclick posts, hosts, passes-through, visually embeds
or links to (“Third-Party Services”) – will mostly be out of IsraelAtAclick’s
control even though it appears to be visually embedded in the IsraelAtAclick
website or other IsraelAtAclick Services and in many cases may be
provided without IsraelAtAclick’s knowledge or consent.
- Your Representations
& Obligations
You represent
that You are of legal age to enter into this binding contract and to
use the Services you choose to use, and that Your use of the Services
is not in violation of any contract (including, but not limited to,
an employment contract), statute or law.
You are solely
responsible for taking all reasonable measures to avoid being in breach
of these Terms of Service.
You represent
that Your use of IsraelAtAclick Services is for Your own personal use and
not on behalf of any third party and not for any commercial purpose
(except where the Service is explicitly offered by IsraelAtAclick for a
commercial purpose).
To the extent
that a particular Service requires registration, You represent that
the personal details You provided during registration, are accurate.
- As-Is Service
IsraelAtAclick
provides its Services “as-is” and “as-available” and makes no
warranty whatsoever as to the quality, availability or continuity of
service.
IsraelAtAclick
may, amongst its other rights, and without prior notice:
- Change or discontinue
a Service;
- Take down its site
temporarily or permanently;
- Discard or archive
data;
- Disable a user account;
- Monitor and analyze
user’s activities on the site;
- Sell content and
information to others when it does not violate IsraelAtAclick’s Privacy Policy, copyrights or other laws;
- Change a Service
from being free to being subscription-based or change the price or terms
of a Service; and
- Impose general practice
guidelines and limits on the use of a Service.
IsraelAtAclick
is a commercial company and many of its Services are at no cost to users.
You therefore agree that IsraelAtAclick may:
- Post advertisements,
sponsored content and links on its site in return for payment by third
parties;
- Earn a fee from
third-parties for referring You to their site or to their products or
services (e.g. affiliate programs);
- Do the above without
specifically disclosing it; and
- Charge subscription
fees for certain Services.
- Member Conduct
You agree to
conduct Your use of the Services and Your interactions with the IsraelAtAclick
site in a reasonable and appropriate manner. You specifically agree
not to:
- Cause a non-human
entity including, but not limited to, web spiders, bots, indexers, robots,
crawlers, harvesters, or any other computer programs designed to access,
read, compile or gather content from the web site automatically to interact
directly with the IsraelAtAclick Services (other than a browser directly
relaying human interaction) without explicit permission from IsraelAtAclick;
- Compile, harvest,
gather, store, and/or distribute any email addresses appearing on IsraelAtAclick
or belonging to other users of IsraelAtAclick Services or deliver email
messages to such email addresses. You hereby acknowledge that each such
email address has a value of not less than US $1,000 and that any prohibited
action relating to the email addresses substantially diminishes their
value and damages IsraelAtAclick’s reputation and business;
- Use or reproduce
content, products or Services available from IsraelAtAclick in a way which
might breach IsraelAtAclick’s copyright or third party copyrights –which
may include elements such as a website’s design and organization and
the look and feel of color combinations, buttons and shapes – or any
laws or contracts (for example the fact that some media is available
on IsraelAtAclick’s site does not necessarily mean that you have the right
to copy it or to use it in other ways beyond the way in which IsraelAtAclick
is using it);
- Attempt to disable
or circumvent any security measures, gain access to hardware, software
or content in a way which is not intended (including any kind of “hacking”
or copyright abuse) or help others to do so;
- Impersonate a third
party, present false credentials or obscure your real identity when
your identity is requested; and
- Interact with IsraelAtAclick
Services in any way that is not reasonable or not in line with their
intended use.
You confirm
and acknowledge that you have read and agree to be bound by and not
violate IsraelAtAclick’s Privacy Policy, as updated from time to time, and
to be bound by and not violate any of the rules, guidelines, instructions
or terms of service which might accompany specific aspects of the Services
provided by IsraelAtAclick or by third parties.
You acknowledge,
consent and agree that IsraelAtAclick may access, preserve, and disclose
content and information included in Your account if required to do so
by law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
these Terms of Service; (c) respond to claims of infringement of the
rights of third-parties; (d) respond to your requests for customer service;
or (e) protect the rights, property, or personal safety of IsraelAtAclick,
its other users and the public.
- Authentication
Where applicable,
you are responsible for choosing a secure username and password and
secure secret questions, if provided, and for safeguarding these from
disclosure. IsraelAtAclick shall be entitled to assume that anyone presenting
Your secret credentials is You and may present to them Your private
information, accept from them instructions on Your behalf, etc.
- Third-Party Services
Some third
party content, products and services (including software-as-a-service)
are hosted by IsraelAtAclick, passed through IsraelAtAclick computers,
linked to by IsraelAtAclick or in some way visually embedded in IsraelAtAclick
Services. Despite any superficial connection (e.g. visual sharing of
your browser screen or sharing of URLs) between the IsraelAtAclick Services
and the third-party services, these are entirely separate and third-party
services are entirely governed by Your relationship with the third parties
and by their own terms of services and privacy policies. We urge you
to review each of these third parties’ terms of service and privacy
policies. IsraelAtAclick accepts no responsibility whatsoever for third-party
services, whether IsraelAtAclick has a commercial relationship with those
third parties or not. You commit to IsraelAtAclick not to abuse any of the
third-party services or their terms of use and privacy policies as this
is damaging to IsraelAtAclick’s reputation and business relationships.
IsraelAtAclick makes no commitment to you with respect to third party services.
Please review
IsraelAtAclick’s Privacy Policy for more information concerning private
information and third party services.
- Indemnification
You hereby
undertake to indemnify and hold IsraelAtAclick and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the IsraelAtAclick Services,
your breach of any law or contract or other person’s or entity’s
rights or your violation of these Terms of Service. We reserve the right,
at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by You, in which event You
will cooperate with us in asserting any available defenses.
- COPYRIGHT
If you believe
that your work has been copied and is accessible on the IsraelAtAclick website,
you can notify us in writing so that we may take remedial action, if
such action is appropriate in the circumstances. It is our policy to
respond to clear notifications of alleged copyright infringement. Your
notification should include the following:
(a) A physical
or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
(b) Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(c) Identification
of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which
is to be disabled and information reasonably sufficient to permit the
service provider to locate the material;
(d) Information
reasonably sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an electronic
mail;
(e) A statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or
the law; and
(f) A statement
that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
- No Resale
IsraelAtAclick
Services are for personal use except where explicitly stated otherwise.
You agree not to resell, distribute or otherwise commercially exploit
any IsraelAtAclick product, content or Service without IsraelAtAclick’s explicit
agreement.
- Disclaimer
of Warranties
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
YOUR USE OF
THE IsraelAtAclick SERVICES IS SOLELY AT YOUR OWN DISCRETION AND RISK. THE
SERVICES, AND ALL MATERIALS, INFORMATION AND PRODUCTS INCLUDED IN THE
SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. IsraelAtAclick AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IsraelAtAclick
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR
REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE, CONTENT OR SERVICES WILL BE CORRECTED.
IsraelAtAclick
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED
THROUGH OR ADVERTISED ON IsraelAtAclick OR RECEIVED THROUGH ANY LINKS PROVIDED
BY IsraelAtAclick SERVICES, AS WELL AS FOR ANY ADVICE RECEIVED THROUGH ANY
LINKS OR EMBEDDED WEB SITES PROVIDED WITH THE SERVICES.
IsraelAtAclick
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT THE IsraelAtAclick PROGRAMS OR
CONTENT WILL NOT BE HARMFUL TO YOUR COMPUTER OR OTHER SYSTEMS AND YOU
REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND BACKUP OF YOUR OWN SYSTEMS
AND DATA. IsraelAtAclick DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY SERVICE.
IsraelAtAclick
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO REPRESENTATION THAT USE OF THE SERVICES IS LEGAL
IN ANY JURISDICTION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
- LIMITATION OF
LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT IsraelAtAclick AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT, UNDER
ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SUCH
CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IsraelAtAclick HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, AMONG
OTHER THINGS, YOUR USE OF THE SERVICES, INABILITY TO USE THE SERVICES,
CHANGES IN THE SERVICES, LOSS OF DATA, USE OF CONTENT SERVICES OR PRODUCTS
OBTAINED VIA THE IsraelAtAclick SERVICES, UNAUTHORIZED USE OF YOUR DATA,
DEALINGS WITH ADVERTISERS OR ANY CONDUCT BY A THIRD PARTY.
Without limiting
the foregoing, under no circumstances shall
IsraelAtAclick OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes
beyond its reasonable control AND GENERALLY CHARACTERIZED AS
“FORCE MAJEURE,” INCLUDING, FOR THESE PURPOSES, without limitation,
Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, OR electrical power failures.
- EXCLUSIONS
AND LIMITATIONS
If the pertinent
jurisdiction does not allow some of the above disclaimers of warranties
or limitations of liabilities, then those specific provisions above
will not apply to You but You agree that the terms above will still
apply to the greatest extent compatible with applicable law.
- Trademarks
“IsraelAtAclick”
and “IsraelAtAclick.com” are trademark or registered trademarks of IsraelAtAclick.com
Ltd. Other trademarks of IsraelAtAclick
or of third parties are displayed as part of IsraelAtAclick Services from
time-to-time. We make no claim to the trademarks of such third parties.
No license of any sort is implied and you may not use these trademarks
without prior written permission.
- Usage by Children
and Children On-Line Privacy Protection
You agree that
you are responsible for supervising any minors for whom you are legally
or otherwise responsible (whether as a parent or guardian) to ensure
that they do not access inappropriate IsraelAtAclick content or Services.
-
Unsolicited Bulk E-Mail
Your use of
IsraelAtAclick Services establishes a relationship with IsraelAtAclick for purposes
of applicable laws that address unsolicited commercial communications.
To the extent that a particular Service requires registration, by providing
IsraelAtAclick with your email address you have chosen to opt in. You may
be requested to confirm your subscription via email – this is known
as “double opt in” or “confirmed opt in”. Confirmed opt in validates
that your email address is truly permission based. By performing a confirmed
opting-in and using, or continuing to use, IsraelAtAclick Services, You
agree that IsraelAtAclick or our agents, affiliates and third parties may
call, e-mail or otherwise communicate with You regarding commercial
offers, including delivery of advertisements, or relating to the Services,
including, but not limited to, administrative issues and notices concerning
new third-parties and services.
Unauthorized
use of IsraelAtAclick Services in connection with the transmission of unsolicited
bulk e-mail, including the transmission of counterfeit e-mail, may result
in civil and criminal penalties against the sender. Civil and criminal
penalties may also apply to e-mail transmitted to IsraelAtAclick or using
IsraelAtAclick’s Services in violation of the CAN-SPAM Act of 2003.
- General
These Terms
of Service, as updated from time to time, constitute the entire agreement
between You and IsraelAtAclick and supersede any prior agreement with respect
to these matters.
These Terms
of Service and the relationship between IsraelAtAclick and You shall be
governed by the laws of the State of Israel without regard to its conflict
of law provisions. You and IsraelAtAclick agree to submit to the exclusive
jurisdiction of the courts located in Jerusalem, Israel.
The failure
of IsraelAtAclick to exercise or enforce any right or provision set forth
herein shall not constitute a waiver of such right or provision. If
any provision is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
that the other provisions shall remain in full force and effect.
Your rights to any subscription or registration-based services are not
transferable and will terminate upon the earlier to occur of (i) Your
incapacitation; (ii) Your breach of these Terms of Service, and (iii)
the expiration of a consecutive 18-month period in which You do not
access or use any IsraelAtAclick Services. IsraelAtAclick may (but shall not
be obliged to) close your account and delete your data upon such termination.
IsraelAtAclick may transfer its rights herein to an affiliate company or
to any successor to substantially all of its business.