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Please review the following basic terms that govern
your use of and purchase of products or services from The Site. Please
note that your use of The Site constitutes your agreement to follow and
be bound by those terms (TOU). This Agreement is effective until
terminated by The Site.
GENERAL
We may from time to time change the terms that govern your use of The
Site without notification, or we may change, move, delete portions of,
or add to The Site from time to time. As a user of The Site, you are
responsible for being aware of all its terms and conditions of use. We
reserve the right to modify or discontinue The Site with or without
notice to you. We shall not be liable to you or any third party should
we exercise its right to modify or discontinue The Site. If you object
to any parts, rules, content, products and or services offered by The
Site, your sole recourse shall be to cease using The Site. Continued use
of The Site shall indicate your acknowledgement of these terms (TOU) and
how they govern The Site, including their parts, rules, contents,
products and or services offered on and any changes to The Site, and
agree to be bound by the terms and conditions of such changes.
This TOU, and any policies referenced here to, constitute the entire
agreement between you and us with respect to the subject matter herein
and supersede any and all prior or contemporaneous oral or written
agreements. You may not assign this agreement to any other party.
CONTENTS
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips, and written and
or other materials that appear as part of this The Site (collectively,
the "contents") are copyrights, trademarks, and/or other intellectual
properties owned, controlled or licensed by The Site and it's owner, collectively, and its subsidiaries and/or affiliates or the
respective owners. The Site as a whole is protected by copyright and
trade dress, all worldwide rights, titles and interests in and to which
are owned by The Site and it's owner.
The Site and its suppliers retain all right, title and interest in
and to all content (and all compilations thereof), including without
limitation, any text, music, sound, photographs video, images,
illustrations, icons, graphics, headers, typefaces, data, inventory
information, databases or software, that appears on the The Site (the
"content"). The content is protected by Israeli, U.S. and international
copyright law. No right, title or interest to any of the content is
transferred to you by your use of the The Site. You may access and view
the content solely for personal, noncommercial purposes. You may copy
limited portions of the content solely by page caching or printing and
solely for personal, noncommercial use, provided that (i) you do not
make such content available to any third party and (ii) you do not
remove any proprietary notice from such content, or alter the content in
any way. You may not: modify, delete, add to, or create derivative works
of the content. You may not publish, distribute, transmit, broadcast or
frame the content in any manner; copy or post the content for public
display; collect, re-purpose or reuse any data or product listings contained in the content; sell or
attempt to sell the content; exploit the content for your own purposes;
or make derivative use of The Site or its content. In addition, you
agree not to rely on any content created or posted by us.
The contents of The Site, and The Site as a whole, are intended
solely for personal, noncommercial (other than for the purchase of
merchandise from The Site) use by the users of The Site. You may
download or copy downloadable materials displayed on The Site for your
personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce, publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in any sale of, or exploit in any way, in whole or in part,
any of the contents of The Site, or any related software.
DISCLAIMER
The Site and all contents of The Site are provided on an "as is"
basis without warranties of any kind, either express or implied,
including without limitation warranties of title or implied warranties
of merchantability. You acknowledge, by your use of The Site, that your
use of The Site is at your sole risk, that you assume full
responsibility for all costs associated with all necessary servicing or
repairs of any equipment you use in connection with your use of The
Site, and that The Site shall not be liable for any damages of any kind
related to your use of The Site. You are solely responsible for
obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of The Site and all charges
related thereto. You agree not to use The Site to: violate any local,
state, national or international law; stalk, harass or harm another
individual; collect or store personal data about other users; interfere
with or disrupt The Site or servers or networks connected to The Site,
or disobey any requirements, procedures, policies or regulations of
networks connected to The Site.
INACCURACY DISCLAIMER
From time to time there may be information on The Site that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, and availability. We reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including after you have
submitted your order). We apologize for any inconvenience this may cause
you. If you are not completely satisfied with your
purchase you may return it by following the instructions on our Return
Policy on the respective site you are visiting.
INDEMNIFICATION
You agree to hold us and our subsidiaries, affiliates, partners,
telecommunications providers, service providers, officers, employees and
agents harmless from any claim or demand, including attorneys' fees,
made by any third party due to or arising out of your use of The Site or
any related services, any contributed content, your violation of the TOU,
or your violation of any third-party rights, including without
limitation, the infringement by you, or any other user of your account,
of any intellectual property rights, privacy rights, or other rights of
any person or entity.
Neither we nor our partners, providers or affiliates warrant that The
Site or any related services will meet your requirements or that any
defects will be corrected. Furthermore, neither we nor our partners,
providers, or affiliates make any warranty as to the results that may be
obtained from use of The Site or as to the accuracy, completeness,
reliability or timeliness of any information available on or through The
Site.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of The Site is at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the downloading of
such material and/or data.
No advice or information whether oral or written, obtained by you
from us or through The Site shall create any warranty not expressly made
herein.
The Site acts strictly as a go-between in support of the purchase of
any of the products or any of the services found on The Site, and as
such, any product or service purchased through The Site shall be
warranted for its reliability, safeness, quality, freshness etc by the
manufacturer or distributor alone, and is not warranted in any way or
form by The Site. Regarding this you agree to indemnify, defend and hold
harmless, us, subsidiaries, affiliates, officers, directors, co-branders
or other partners, employees, consultants and agents from and against
any and all claims, third-party claims, liabilities, damages, losses,
costs, expenses, fees (including reasonable attorneys' fees) that such
parties may incur as a result of purchasing, using, consuming, or
deriving any other uses of any product or service found on or purchased
from The Site.
You agree that The Site may use and/or disclose information about
your demographics and use of The Site in any manner that does not reveal
your identity. By participating in The Site sweepstakes, contests,
promotions, and/or requesting promotional information or product
updates, you agree that The Site may use your information for marketing
and promotional purposes.
You agree that The Site may send electronic mail to you for the
purpose of advising you of the statues of your order, changes or
additions to The Site, about any of The Site's products or services, or
for such other purpose(s) as The Site deems appropriate. To opt out of
the marketing portion of this statement please click at the respective
link within our emails.
Shop Israel Today reserves the right to email any email address
that belongs to an email that was sent to Shop Israel Today, its
owners, affiliates or sites for any reason whatsoever. Besides the
appropriate response (what Shop Israel Today deems appropriate)
Shop Israel Today also reserves the right to send in that email a
question pertaining to the possible recipients desire to receive
periodic emails from Shop Israel Today.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to The Site shall be and
remain The Site's property. Such disclosure, submission or offer of any
comments shall constitute an assignment to The Site of all worldwide
rights, titles and interests in all copyrights and other intellectual
properties in the comments. Thus, The Site will own exclusively all such
rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any comments. The Site is and shall be
under no obligation (1) to maintain any comments in confidence; (2) to
pay to user any compensation for any comments; or (3) to respond to any
user comments.
When submitting contributed content to The Site or any other
information requested by The Site you must not use a false name or email
address or otherwise attempt to conceal the origin of your submission,
impersonate any person or entity, or otherwise misrepresent your
affiliation with a person or entity. You agree that no comments or
information submitted by you to The Site will violate any right of any
third party, including copyright, trademark, privacy or other personal
or proprietary right(s), and does not violate any law or infringe any.
And that you own or otherwise control all rights in the contributed
content, that the contributed content or information is accurate. You
further agree that no comments or information submitted by you to The
Site will be or contain libelous or otherwise unlawful, abusive or
obscene material, and that it contains no material that is defamatory,
obscene, vulgar, profane, harassing, or threatening. You are and shall
remain solely responsible for the content of any comments you make.
You agree that all billing and registration information you provide
on or to The Site will be accurate and complete. Your provision of
inaccurate or incomplete information constitutes a material breach of
this agreement.
We neither endorse nor are responsible for the accuracy or
reliability of any opinion, advice, information, or statement made on
The Site by anyone other than authorized spokespersons while acting in
their official capacities.
THIRD PARTY CONTENT
The Site is a distributor (and not a publisher) of content supplied
by third parties and incorporated within the content. We have no control
over such third-party content, do not endorse it, and are not
responsible for its completeness, accuracy or reliability. Any
information, advice, opinions, or statements contained within such
third-party content are attributable to the author of such content and
not to The Site. While The Site has no obligation to monitor third-party
content, The Site reserves the right to edit or remove any third-party
content we deem to be inappropriate.
PASSWORDS For certain activities you conduct on The Site, you may
receive or have received an account name and a password. We retain
ownership of your account and license it to you on a limited,
nonexclusive basis for the duration of your account activation. It is
solely your responsibility to keep your account information and password
secure. You must not disclose your password to anyone except persons
whom you have authorized to use your account, and you assume all
resulting liability from use of The Site for such authorized person(s).
You agree to notify us immediately of any unauthorized use of your
account or any other breach of security of which you know or suspect. We
disclaim all liability arising from or related to your failure to keep
your account name and password secure. You agree to use The Site and all
related services only for lawful purposes and not to allow others to use
your account for any unlawful purpose. Use of The Site in violation of
any applicable law, regulation, ordinance, or other rule imposed by any
governmental authority is prohibited.
LINKS TO OTHER WEB SITES AND SERVICES
The Site contains links to outside services and resources that are
strictly for your convenience and does not signify our endorsement of
such other service, site, location or its contents, the availability and
content of which The Site does not control. Therefore any concerns or
relation to and regarding any such service or resource, or any link
thereto, should be directed to that particular outside service, resource
or link.
EMAIL SERVICE (where applicable)
You are solely responsible for the contents of your transmissions
through the Service.
Your use of the Service is subject to all applicable local, state,
national and international laws and regulations.
You agree: (1) to comply with Israeli law regarding the transmission
of technical data exported from Israel through the Service; (2) not to
use the Service for illegal purposes; (3) not to interfere or disrupt
networks connected to the Service; and (4) to comply with all
regulations, policies and procedures of networks connected to the
Service.
The Service makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations,
policies and procedures. You will not use the Service for chain letters,
junk mail, spamming, this includes any mass mailing of any kind
whatsoever or any use of distribution lists to any person who has not
given specific permission to be included in such a process.
You agree not to transmit through the Service any unlawful,
harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material of any kind or nature. You further
agrees not to transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer
systems are prohibited.
You shall not interfere with another person's use and enjoyment of
the Service or another entity's use and enjoyment of similar services.
The Site may, at its sole discretion, immediately terminate Service
should your conduct fail to conform to the terms and conditions of the
TOU.
CHILDREN
While The Site cannot prevent children under 18 from viewing The
Site, children under the age of 18 may not use or register for the
services offered on The Site or purchase merchandise through The Site
without either parents and guardians to supervise the activity of all
children under the age of 18 when using the Internet.
SAMPLES
We reserve the right to accept or refuse any submissions to the
samples department based on criteria that we deem necessary.
VIOLATION OF TOU
Please note that at any time, if we determine that you have abused or
violated the letter or intent of any of these terms, conditions or
guidelines, or any applicable law, we reserve the right to terminate or
suspend your access to The Site and all related services, and or take
any responsive action that we deem necessary.
POLCY FOR CLAIMS OF INFRINGEMENT MATERIAL If you believe that
material is posted on The Site in a manner than infringes your
copyright; please notify us by providing the following information in
writing to us:
-
A description of the copyrighted work claimed to have been
infringed.
-
A description of the material on The Site that is claimed to be
infringing or to be the subject of infringing activity, and
information reasonably sufficient to permit us to locate the
material.
-
A physical or electronic signature of the owner of the allegedly
infringed copyright, or such owner's authorized representative.
-
The address, telephone number, and, if available, an electronic
mail address at which you may be contacted.
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 that you are authorized to act on
behalf of the owner of the copyright that is allegedly infringed.
LIMITATION OF LIABILITY
You understand that to the extent permitted under applicable law, in
no event will we, our officers, employees, directors, shareholders,
subsidiaries, affiliates, agents or licensors be liable for any direct,
incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of revenues, profits, goodwill, use,
data or other intangible losses (even if such parties were advised of,
knew of or should have known of the possibility of such damages),
resulting from your (or anyone using your account's) use of The Site.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations and
disclaimers may not apply to you. To the extent that we may not, as a
matter of applicable law, disclaim any implied warranty or limit its
liabilities, the scope and duration of such warranty and the extent of
our liability shall be the minimum permitted under such applicable law.
MISCELLANEOUS
The TOU and all its inclusions constitute the entire and exclusive
and final statement of the agreement between you and us with respect to
the subject matter hereof, and govern your use of The Site, superseding
any prior agreements between you and us with respect to the subject
matter hereof. The TOU and the relationship between you and us shall be
governed by the laws of the State of Israel as applied to agreements
made, entered into and performed entirely in Israel by Israeli
residents, notwithstanding your actual place of residence. All lawsuits
arising out of the TOU or out of your use of The Site shall be brought
in the court located in Jerusalem, Israel and you and we hereby
irrevocably submit to the exclusive personal jurisdiction of such courts
for such purpose. The failure of us to exercise or enforce any right or
provision of the TOU shall not constitute a waiver of such right or
provision. If any provision of the TOU 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 of the TOU
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of The Site or the TOU must be filed within one (1)
year after such claim or cause of action arose or be forever barred. The
section titles in the
TOU are for convenience only and have no legal or contractual effect.
The Site and the services offered on it under the above terms of
service and use (TOU); you understand and agree that The Site is
provided to you exclusively under these Terms. By using The Site or
registering to use the services offered, you are stating that you have
read and understand the TOU and that you agree to be bound by them. We
reserve the right to terminate your account at any time for any reason,
including if we learn that you have provided false or misleading
registration information or have violated the TOU. |