תנאישימוש
Acceptance of Terms
Welcome to the website (the "website")
of Torah Mitzion ("Torah Mitzion"). On this
website, Torah Mitzion makes available to you a wide range
of information, documents, communications, files, text,
publications, content, forums, resources, and services.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. By accessing and using this website in any way,
including, without limitation, browsing the website, using
any information, using any content, using any services,
downloading any materials, and/or placing an order for products
or services, you agree to and are bound by the terms of
use described in this document ("Terms of Use").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED
IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER.
The Terms of Use are entered into by and between Torah Mitzion
and you. If you are using the website on behalf of your
employer, you represent that you are authorized to accept
these Terms of Use on your employer's behalf.
Torah Mitzion reserves the right, at Torah Mitzion's sole
discretion, to change, modify, update, add, or remove portions
of the Terms of Use at any time without notice to you. Please
check these Terms of Use for changes. Your continued use
of this website following the posting of changes to the
Terms of Use will mean you accept those changes.
Use of Materials Limitations
All materials contained in the website are the copyrighted property of Torah Mitzion, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Torah Mitzion, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials
and services on this website are for your personal and
non-commercial use, and you may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the website
without the written permission from Torah Mitzion, unless
it is used for educational purposes, within the framework
of a Torah MiTzion project.
The permission above to use documents and
publications does not include permission to copy the design
elements, look and feel, or layout of this website. Those
elements of the website are protected by law, such as trade
dress, trademark, unfair competition, and other laws and
may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from the website may be copied or
retransmitted unless expressly permitted by Torah Mitzion.
Disclamiers and other Notices of Use of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, TORAH
MITZION AND/OR ITS RESPECTIVE PARTNERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED
ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED
OTHERWISE, TORAH MITZION AND/OR ITS RESPECTIVE PARTNERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL TORAH MITZION AND/OR ITS RESPECTIVE PARTNERS
BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION,
SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION
ARE PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND
AND TORAH MITZION HEREBY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE,
TORAH MITZION DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT,
TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL TORAH MITZION
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE,
USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. TORAH MITZION ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
TORAH MITZION MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, WEBSITE, DOCUMENTS, PUBLICATIONS, RESOURCE OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO TORAH MITZION PROGRAMS AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT TORAH MITZION INTENDS TO ANNOUNCE SUCH PROGRAMS, OR SERVICES IN YOUR COUNTRY.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY
SITES WHICH ARE NOT UNDER THE CONTROL OF TORAH MITZION AND
TORAH MITZION IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. TORAH MITZION IS NOT RESPONSIBLE
FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. TORAH MITZION IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY THAT TORAH MITZION ENDORSES OR ACCEPTS ANY
RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Accounts and Security
If any of the services on the website requires
you to open an account, you must complete the registration
process by providing us with true, current, complete and
accurate information as prompted by the applicable registration
form, and you will maintain and promptly update such information
to keep it true, current, complete and accurate. You also
will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible
for any and all activities that occur under your account.
You agree to notify Torah Mitzion immediately of any unauthorized
use of your account or any other breach of security. Torah
Mitzion will not be liable for any loss that you may incur
as a result of someone else using your password or account,
either with or without your knowledge. However, you could
be held liable for losses incurred by Torah Mitzion or another
party due to someone else using your account or password.
You may not use anyone else's account at any time, without
the permission of the account holder. You acknowledge and
agree that certain services may provide password-restricted
access to customer information such as names and certain
terms of your contracts. By using this website and registering
for such services, you consent to Torah Mitzion's display
of such information via the services and accept all risks
of unauthorized access to such information. If you provide
any information that is false, inaccurate, out of date,
or incomplete, or Torah Mitzion has reasonable grounds to
suspect that such information is false, inaccurate, not
current, or incomplete, Torah Mitzion may suspend or terminate
your account and refuse any and all current or future use
of the services or any portion thereof. You are responsible
for all costs and charges, including without limitation,
phone charges and telecommunications equipment, that you
incur in order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the website,
you will not use the website for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You
may not use the Services in any manner that could damage,
disable, overburden, or impair any Torah Mitzion server,
or the network(s) connected to any Torah Mitzion server,
or interfere with any other party's use and enjoyment of
the website. You may not attempt to gain unauthorized access
to services, materials, other accounts, computer systems
or networks connected to any Torah Mitzion server or to
the website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available through the website.
Use of Services of the Website
The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
* Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
* Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
* Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
* Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
* Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
* Use any Torah Mitzion domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
* Transmit unsolicited or bulk communications to any Torah Mitzion account holder or to any Torah Mitzion.com or affiliated email address (regardless of whether you use the website to transmit any such communication).
* Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Torah Mitzion has no obligation to monitor the Communication Services. However, Torah Mitzion reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. Torah Mitzion reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Torah Mitzion reserves the right at all times to disclose any information as Torah Mitzion deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Torah Mitzion's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Torah Mitzion does not control or endorse the content, messages or information found in any Communication Services and, therefore, Torah Mitzion specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Torah Mitzion spokespersons, and their views do not necessarily reflect those of Torah Mitzion.
Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
Materials Uploaded to the Website
Unless otherwise specified, Torah Mitzion does not claim ownership of the materials you provide to Torah Mitzion (including, without limitation, information, ideas, concepts, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by Torah Mitzion, the general public, and/or by the members of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Torah Mitzion, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Torah Mitzion services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.
No compensation will be paid with respect to the use of your Submission, as provided herein. Torah Mitzion is under no obligation to post or use any Submission you may provide and Torah Mitzion may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.
You acknowledge that Torah Mitzion does not pre-screen Submissions, but that Torah Mitzion and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the website. Without limiting the foregoing, Torah Mitzion and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You understand that all Submissions, whether
publicly posted or privately transmitted, are the sole responsibility
of the person from whom such Submissions originated. This
means that you, and not Torah Mitzion, are entirely responsible
for all Submissions that you upload, post, provide, input,
submit, or otherwise transmit via the website. Torah Mitzion
does not control the Submissions posted via the website
and, as such, does not guarantee the accuracy, integrity
or quality of such Submissions. You understand that by using
the website, you may be exposed to Submissions from others
that are offensive, indecent or objectionable.
Spam Email and Postings
You agree that Torah Mitzion would be irreparably
harmed by the use, by you or others, of the website or facilities
in connection with the transmission of spam newsgroup postings
or unsolicited e-mail in violation of these Terms of Use,
and that Torah Mitzion is entitled to obtain injunctive
relief against any such transmission (in addition to all
other remedies available at law or in equity). Torah Mitzion
reserves the right to block, filter or delete unsolicited
e-mail.
Indemnity
You agree to indemnify, defend and hold Torah
Mitzion, and its subsidiaries, affiliates, officers, agents,
co-branders, partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Submissons,
your use of the website, including any use by your employees,
your connection to the website, your violation of the Terms
of Use, or your violation of any rights of another.
Advertisements and Promotions
Torah Mitzion may run advertisements and promotions
from third parties on the website. The manner, mode and
extent of advertising by Torah Mitzion is subject to change.
Your correspondence or business dealings with, or participation
in promotions of, advertisers other than Torah Mitzion found
on or through the website, including payment and delivery
of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings,
are solely between you and such advertiser. Torah Mitzion
is not responsible or liable for any loss or damage of any
kind incurred as the result of any such dealings or as the
result of the presence of such non-Torah Mitzion advertisers
on the website.
General Information
The Terms of Use constitute the entire agreement between
you and Torah Mitzion and govern your use of the website,
superseding any prior agreements between you and Torah Mitzion
on the subject matter (including, but not limited to, any
prior versions of the Terms of Use). Notwithstanding the
prior provision, to the extent, and only to the extent,
that any terms set forth in this Terms of Use expressly
contradicts any terms of a prior written agreement between
you and Torah Mitzion in effect as of the date of your use
of the website and specifically regarding your use of the
website ("Executed Agreement"), such contradictory
terms set forth in the Executed Agreement shall govern.
You also may be subject to additional terms and conditions
that may apply when you use other Torah Mitzion services,
third-party content or third-party software. You must not
assign or otherwise transfer the Terms of Use nor any right
granted hereunder.
California law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
Torah Mitzion controls and operates this website from its headquarters in Jerusalem Israel, while possibly being hosted elsewhere and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The failure of Torah Mitzion to exercise or
enforce any right or provision of the Terms of Use does
not constitute a waiver of such right or provision. If a
court of competent jurisdiction finds any provision of the
Terms of Use 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 the other
provisions of the Terms of Use remain in full force and
effect. Regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to
use of the website or the Terms of Use must be filed within
one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the Terms of Use
are for convenience only and have no legal or contractual
effect.
For queries of any kind - feel free to contact
office@torahmitzion.org
at any time.