TERMS OF USE
Acceptance of Terms
The following consists of the terms and conditions governing the access to the Ted Arison Family Foundation (Israel), a Public Benefit Company Ltd. ("Company", "we", or "us") web site (the "Site" or "Goodnet.org"), including without limitation, the services, content, texts, graphics, logos, trademarks, service marks, designs, audio clips, links, downloadable content, information, tools, features, functionality and copyright protected content and material, available on the Site (the "Services"). By accessing this Site, you acknowledge that you have read, understand, and agree to abide by the terms described herein. If you do not understand or agree to these terms, you should immediately exit this Site. If you continue using this Site you accept and agree to these Terms of Use.
These Terms of Use are a binding agreement between you and the Company. Your use of this Site is governed by the version of the Terms of Use in effect on the date this Site is accessed by you. The Company may modify these Terms of Use at any time and without prior notice. You should review the most current version of this document by visiting https://www.goodnet.org and clicking on https://www.goodnet.org/pages/terms.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN DO NOT USE THE SITE AND SERVICES.
Title & Ownership
All Intellectual Property Rights (hereinafter defined) evidenced by or embodied in and/or attached/connected/related to the Site, are and shall be owned exclusively by the Company or its licensors, subsidiaries, affiliates or representatives ("Representatives") unless expressly stated otherwise. These Terms of Use do not convey to you an interest in or to the Site, but only a limited right of use revocable in accordance with the terms of these Terms of Use. The rights granted by these Terms of Use are limited to those expressly stated herein, and no additional rights or licenses are being granted by implication or otherwise. "Intellectual Property Rights" means worldwide (a) patents, patent applications and patent rights; (b) rights associated with works of authorship, including copyrights, copyright applications, copyright restrictions, mask work rights, mask work applications and mask work registrations; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired. The compilation of all content on this Site is the exclusive property of the Company or its Representatives and protected by copyright laws. Any unauthorized copying, reuse, or distribution of the abovementioned copyrighted materials, without obtaining the Companys prior written consent, is strictly forbidden. All software and other related Intellectual Property Rights used on this Site are the property of the Company or its Representatives and protected by copyright laws.
Purpose
Goodnet.org is
a media platform that connects between people and opportunities to do
good.
Defined as a Gateway to Doing Good, Goodnet.org aims to
inspire, provoke and empower people to do good, by making good-doing
easy and accessible. From the simplest, everyday gestures to the
globally-encompassing causes, Goodnet.org scours for and maps out the
topmost services available for the purpose of doing good. However,
the Company does not have control over all of the content available
on the Site, and the Site may contain content that does not
necessarily meet this purpose.
No Recommendations or Liability
THE COMPANY AND/OR THE SITE DO NOT MAKE RECOMMENDATIONS OR ADVICE OF ANY KIND. THE COMPANY PROVIDES THE CONTENT OF THE SITE FOR INFORMATION, EDUCATION, NONCOMMERCIAL AND NONPROFIT PURPOSES ONLY AND ASSUMES NO RESPONSIBILITY THEREFORE. THE CONTENT IS PROVIDED AS IS. YOU ALONE WILL BEAR THE SOLE RESPONSIBILITY OF EVALUATING THE MERITS AND RISKS ASSOCIATED WITH THE USE OF ANY SUCH INFORMATION. THE COMPANY DOES NOT SPONSOR, REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE AND/OR SERVICES BY ANY USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, CONTENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Limitations On Use
You understand and agree that the Site and Services are solely for non-commercial, personal, and informational purposes.
Unless you have obtained the Company's prior written permission, you may not:
- Impersonate any person or entity, including but not limited to a Company official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Site;
- upload, post, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, including without limitation, inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- create a browser or border environment around any information made available through the Site or the Services (no frames or inline linking);
- sell, license, or exploit for any commercial purposes any use of or access to this Site;
- frame or mirror any part of this Site without the Company's prior express written authorization;
- create a database by systematically downloading and storing all or any of the information from this Site;
- upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or the like;
- upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- Upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Use the Service to harm minors in any way;
- violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
- violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; or
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites.
Your failure to comply with the provisions set forth herein may result in the termination of your access to this Site and may expose you to civil and/or criminal liability.
Eligibility
Without limiting the foregoing, the Services and Site are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.
IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.
Content and Links
The Company transfers, presents and offers third-party content (the "Content"), the Company does not endorse or approve the Content, and we make it available to you only as a service and convenience. The Company and its third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or warrant any results from your use or reliance on the Content or that the Content is not offensive or does not violate any laws. Neither the Company nor the third party providers are obligated to update any information or opinions contained in any of the Content. The Company may discontinue offering any Content on the Site at any time without notice.
Although this Site may contain links to third party sites, the Company is not responsible for the Content or privacy policies employed by any linked sites. The Company provides these links as a convenience and does not endorse the companies or Contents of any linked sites. The Company bears no liability for the Content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.
You agree that the Company may download and cache on its servers, or grant users the right to upload/download, documents, information and/or any content, and/or meta data provided by you through the Site and/or Services, including without limitation, profile pages, messages, advertisements, graphics, video content, audio content or a combination thereof, designs, personal Internet web sites, or any other information or material ("Your Content"). Your Content shall be solely your responsibility and you hereby waive any claims in respect thereof against Company and its Representatives. You hereby grant the Company a nonexclusive, worldwide, fully paid-up, royalty-free license to use, host, transfer, display, make available to the public, modify certain elements of Your Content and otherwise exploit Your Content, in any media formats, solely for the purpose of enabling the provision of the Services through the Site and/or for fulfilling the purpose of the Site. Such license will apply to any form, media, or technology now known or hereafter developed. You hereby warrant and represent that: (i) you are the sole owner of and/or hold all rights in and to Your Content(; (ii) there are no restrictions, limitations which prevent or restrict you from granting the Company the license above; and (iii) Your Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content, material or information that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; (e) disparage, defame, or discredit the Company or any third person; (f) Your Content is free of any digital rights management, including any software designed to limit the number of times Content may be copied or played; or (g) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. The Company may disallow the use of the Services when content is flagged or blocked at the Company's sole discretion without any prior notice. You will have no complaint, claim or demand towards the Company regarding the deletion, blocking or removal of content you created, contributed to or used. You hereby agree to defend, indemnify and hold Company and its Representatives harmless from and against claims related to Your Content.
Goodnet Store
From time to time the Company may offer goods for sale on the Site. Unless stated otherwise on the Site, all prices are in US dollars and include VAT, to the extent applicable, but are exclusive of shipment costs . Shipment costs will be presented on the purchase page. All prices and shipment costs may change from time to time without prior notice. The applicable price in respect of a specific purchase is the price presented on the Site (and/or on PayPal) upon completion of the purchase. If the prices are changed before the purchase is completed, you will be charged the new prices. The inventory of all items offered on the Site is limited and it is possible that at the time of purchase the requested item will not be available. The Company reserves the right to change and/or remove the list of items offered for purchase or close the Goodnet store at any time and at its sole discretion and nothing herein shall be deemed as an obligation to offer any items for sale.
After a purchase is processed and payment is received by the Company, the Company will send you a receipt by email, as required by law, (by submitting an order on the Site you agree to recive the receipt by email) and engage the services of a third party carrier to send the purchased item to the address provided by you to Paypal. Orders on the Site are limited to the distribution regions of the third party carrier. These services may not be available in certain countries. If you submit an order from one of these countries and your payment is transferred to the Company, we will refund these payments to you and your order will be canceled. Your payment will be deemed received only after it will be transferred to the Company's bank or PayPal account, as the case may be. The Company will not be liable or responsible for any difficulties or failures in transferring the payment, if such failures or difficulties occur please contact PayPal directly.
If the shipping address you provided was correct and in spite of this the carrier failed to complete the shipment, you may request that the Company re-execute the shipment (this is applicable only for orders of up to three (3) items). If the third party carrier will fail to ship and/or the shipment will be delayed as a result of your unavailability at the time of shipment and/or inaccuracies in the details provided by you to the Company or the third party carrier, the Company may charge you with additional shipment and service costs. All items purchased from the Company are made pursuant to a shipment contract. Delivery shall be complete EXW (2010) Company premises. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Notwithstanding anything to the contrary, the Company will not be liable or responsible for any damage, loss or delay due to a default or failure in shipment. You hereby acknowledge that in respect of any such shipment related claim you may contact the third party carrier subject to its terms and conditions.
If you purchased an item on the Goodnet store and wish to cancel the transaction, you may do so by submitting a cancelation request to shop@goodnet.org subject to the following terms and conditions and the Company will make reasonable efforts to refund the price paid (not including the costs for the first shipment) within reasonable time, after deduction of shipment costs, service fees and expenses as permitted by law. Following are the conditions for cancelation: (a) you may send the Company a cancelation request within fourteen (14) business days from the day you received the item with a copy of the receipt and/or order reference to the aforementioned email, the cancelation request must specify the order number, purchased item, price paid and reason for cancelation; (b) you may not cancel your purchase if the item was damaged or used; (c) you may not cancel any purchase of items that may be copied, recorded or duplicated unless they arrived packed and you did not open their package; (d) cancelation is subject to returning the item in its original state to the Company.
Without derogating from any other limitation of liability clauses in these Terms of Use, cancelation of the transaction as detailed above will be the sole and exclusive remedy you will be entitled for from the Company in connection with any items purchased from the Goodnet store. Other than cancelation (pursuant to the aforementioned terms) you will not have any other claim or demand of any kind against the Company and/or any one on its behalf, including without limitation of loss of profits or business opportunities and/or any other matter.
You are the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of Israel may be subject to import taxes, customs duties and fees levied by the destination country ("Import Fees"). In the event of an international shipment you may be subject to such import taxes, customs duties and fees. Additional charges for customs clearance must be borne by you; the Company has no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond the original delivery estimates.
With respect to each item for which Import Fees have been calculated, you authorize the Company to designate a carrier ("Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item. "Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of Israel. By submitting your order, you agree to allow the Company to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. You further agree that the Carriers may disclose to the Company the amount of actual Import Fees levied on the item you have purchased from the Company. In the event that the Import Fees Deposit exceeds the actual Import Fees, the Company will refund the difference to you. In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. To obtain details regarding the actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Carrier specified in your shipment confirmation e-mail.
Service Access
If this Site or Service was not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or of the Site or the service. Temporary suspension of access to this Site or service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. The Company reserves the right to suspend the operation of the Service, its Site or any part thereof.
You agree that neither the Company nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
Trademarks and Servicemarks
Goodnet, goodnet.org, the logo, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of the Company or its affiliates, including their trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not the Company's or its affiliates', in any manner without Company's permission. All other trademarks not owned by Company or its affiliates that appear on the Site are the property of their respective owners, who are not affiliated with, connected to, or sponsored by the Company or its affiliates and may not be used other than as permitted by their respective owners.
Privacy Policy
The Company recognizes and respects the importance of protecting the privacy of all information provided by users. The Company collects and stores information about its users. Please read our Privacy Policy available at: https://www.goodnet.org/pages/privacy_policy.
Removal of Infringing Content
If you believe that any Content, including without limitation content defined as Your Content, any third party logos, trademarks, brands or other intellectual property infringes upon your intellectual property rights, please send us a detailed notice to copyright@goodnet.org, including the details set forth below, we will make reasonable commercial efforts to remove such Content, locate the infringer and notify him of your complaint. For efficient removal your notice should consist of the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site; 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 Company to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly; information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted; a statement that the complaining party has 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 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Warranty and Disclaimers
You represent and warrant that (a) all of the information provided by you to our Site to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms of Use and to perform the acts required of you hereunder.
You hereby accepts and agree that it is beyond our control, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site or the Services.
It should noted that the Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
THE SERVICES AND SITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN AS IS BASIS, WITH ALL FAULTS AND AS AVAILABLE, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND/OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND REPRESENTATIVES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS REPRESENTATIVES ARE NOT AND WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, stockholders, Representatives and suppliers, from and against any and all claims, liabilities, damages, losses or expenses, including but not limited to attorney's fees and costs, arising out of or in any way connected with your access to or use of this Site and/or the Services.
Termination
You agree that the Company, in its sole discretion, and without penalty, may suspend or terminate your use of the Site and/or Services if you violate any of these Terms of Use. You agree that any termination of your access to the Site and/or Services may be effected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law, contract or otherwise.
Miscellaneous
Changes. The Company reserves the right, at its discretion, to modify these terms with or without notice. Notice may be provided by posting the latest changes on the Site or at Company' s discretion by email. Your continued use of this Site following the changes will mean you accept those changes. You should review the most current version of this document by visiting https://www.goodnet.org and clicking on https://www.goodnet.org/pages/terms.
Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the Company.
Applicable Law and Jurisdiction. These Terms of Use are governed by the laws of Israel, without regard to the conflict of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to these Terms of Use shall be the competent courts residing in Tel-Aviv and the Company and you hereby submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
Claims. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COMPANY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR FIRST PUBLICATION OF THE APPLICABLE CONTENT, AS THE CASE MAY BE, WHICHEVER IS EARLIER. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Severability. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.
Survival. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to the following Sections: Content and Links, Copyright, Disclaimers, Limitation of Liability, Indemnification and Miscellaneous.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This and the Privacy Policy attached hereto as an integral part hereof are the entire agreements between you and the Company relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms of Use by the Company as set forth herein.
Last Updated: March 7th, 2012
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