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.

  1. 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.

  1. 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.

  1. 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.
  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1.         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.

  1. 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.