Tuesday October 21, 2014
Israel Hayom
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Terms of use


"Israel Hayom" Website Terms of Use

 

Newsletter Service  

 

The Company offers a newsletter service, which comprises sending a news bulletin directly to the User of this service, in accordance with instructions and provisions provided from time to time by the Company (the "Newsletter"). It is explicitly clarified that the content of the Newsletter may comprise advertising material and derivative published material that may have no news content. By the User's consent to be subscribed to the Newsletter service, and his agreement to these Terms of Use, the User declares and warrants he is familiar with the provisions of  Amendment 40 of the Communications Law (Bezeq and Broadcasting) of 2008, and he explicitly agrees to be sent Newsletters by the Company, in any of manner listed by the law  (including facsimile, automatic dialing system, electronic message, or Short Message Service or text message announcement). The User of the Newsletter service may disconnect from the service at any time, by clicking on the appropriate link on the internet Site and/or by electronic message, and/or by contacting the newspaper's customer service. The User of the Newsletter service may re-register for this service by contacting the newspaper's customer service.

Chapter One – General

 

1. The "Israel Hayom" website (the "Site") provides and/or will provide Internet Users with information and content which first appeared on the "Israel Hayom" website and/or content generated from the Print Edition of the "Israel Hayom" newspaper and/or content generated from a third party, and any additional information regarding a variety of fields of interest (the "Services"). Services provided on the Site are subject to and conditional upon agreement of Users to the Terms of Use (the "Terms of Use"), and any use of the Site indicates that Users agree to these Terms of Use

 

Masculine terminology is used in the Terms of Use merely for the sake of convenience only and applies to males and females alike.

 

2. In the "Terms of Use", the following terms will be interpreted as follows:

 

"the Company" – the Israel Today Newspaper Ltd.

"user" – any person and/or other party of any kind or type, who enters the Site               

"Information" – any material and/or information presented on the Site, in any existing medium, and including text, images, drawings, graphic elements, notes, and including the design of all the mentioned above.

 

Chapter Two – Intellectual Property

 

3. The User declares and warrants that he is recognizes that copyrights, patent rights, commercial secrets, ownership rights and/or use of rights regarding the Information including distribution rights and all other intellectual property of any kind or type regarding the Information, belong to the Company, and the User shall not have any rights of any kind regarding the Information, except the right to use the Information for his personal needs only. 

 

4. Various parts of the Information and images on the Site are presented on the Site based upon agreements between the Company and third parties. Copyrights regarding the Information and/or images belong to third parties. Any copy, reproduce, distribute, market, use, or transmit of the information and/or images and/or to make any other commercial or non-commercial use of the Information or images is forbidden, unless obtaining prior written explicit consent of the Company.

 

Chapter Three – Terms of Use - Information

 

5. The right to use the Information is granted solely to the User. The User is not entitled to allow any third party to make any use in the Information, whether in return for consideration or not.

 

6. The User is obliged to use the Information and Services of the Site in accordance with the provisions of any applicable law and in accordance with the guidelines and provisions of the Site and the provisions of the Company.

 

7. The User is obliged not to publish the Information and/or any part of the Information, unless the User publishes the Information in accordance with the terms defined in the Site. Without derogating the aforementioned provisions, this provision will apply to publishing any output of the Information, whether printed or provided as a file in the form of magnetic media or in any other form.

 

8. The User is obliged not to reproduce, photograph, copy, or print any output from the Information or any portion thereof for the purpose of distribution or publishing of any kind.

 

9. Any copying, distribution, transmission, broadcast or publication of the Information stored on the Site, which is not in accordance with the terms, set forth by the Site and these Terms of Use, is forbidden, unless receiving prior written explicitly consent of the Company.

 

10. The User undertakes hereby as follow:

 

A. Not to store the Information in any other Internet websites.

B. Not to amend the Information in any kind and manner.

C.Not to make commercial use of the Information

D.To retain the Information and take all necessary precautions to prevent its loss and prevent it from reaching to another party.

 

Chapter Four – Limited Responsibility

 

 11. The Information published on the Site is displayed as a Service solely to the User, and may be updated from time to time. The Company is not responsible for the content of the Information or any use of the Information, and publishing the Information does not constitute any right to rely on the Information without an independent examination of the content of the Information regardless of the published material on the Site. 

 

12. The User declares and warrants he recognizes that the Company is not responsible in any manner for any use of the Services and the Information, whether directly or indirectly, and he is solely and fully responsible for any use of the Services and the Information.

 

13. Part of the Information published on the Site is of a financial nature. The User is obliged to independently examine and verify the Information before using it. The Company shall not bears any responsibility for mistakes appeared in the Information and publishing the Information does not comprise any recommendation and/or opinion. The User bears sole responsibility for relying on the Information in any manner.

 

14. The User declares and warrants he recognizes that although the Company acts to ensure the accuracy and correctness of the Information, as much as possible, there may be deficiencies and/or errors and/or inaccuracies in the Information or in the manner in which it is transmitted to the User.

 

15. The Company is not obliged to ensure that use of information on the Site is devoid of disturbance, errors, damages, malfunctions or mishaps.

 

16. Services are offered to the User as they are and the User shall not arise any claim regarding their suitability to his needs.

 

17. Publishing material on the Site is comprised of responses and/or information published on the Site by Users. The Company is not responsible for Information and/or opinions and/or responses published by Users and the Company bears no responsibility of any kind and manner for the aforementioned Information and/or responses and/or opinions, or any outcome of their use.

 

18. Information and published material displayed on the Site allow, among others, to access other websites on the Internet (the "Other Sites"). The Company bears no responsibility of any kind or in any manner for content displayed on Other Sites.  The User declares and warrants he recognizes that the Company is incapable and/or it is impossible to examine the content of Other Sites and/or the information which appears on those sites. Any use of Other Sites is the sole responsibility of the User and the User waives the right to make any claim against the Company in this matter.

 

19. The Company, including its mangers, employees, and anyone acting on its behalf, shall not be responsible for any damage, whether direct or indirect, caused to the User and/or to any third party due to use of Information and/or its content and/or as a result of cancellation and/or as a result of cessation of Services including those caused by disruption and/or failures in transmitting Information, whether they are maliciously caused by a third party or caused by a mishap of any type.

 

Chapter Five – Terms of Use of forums and/or adding responses ("talkbacks") and/or notices on the Site

 

20. The User is entitled to participate in forums on the Site (the "Forums") in accordance with provisions and guidelines given bt the Company from time to time, including adding talkbacks and/or notices on his behalf, studying responses and/or notices written by other users (the "Talkbacks")


21. By using the Site and by agreeing to these Terms of Use, the User declares and warrants he recognizes that Talkbacks are not provided and/or edited by the Company and that they are displayed on the Site as they are, without the Company examining whether they are correct or examining their content. The Company bears no responsibility for any inaccuracy, error, deception, falsehood, distortion, or imprecision or any damage of any kind or manner which results from viewing and/or using and/or reading Forums and/or Talkbacks.

 

22. The user warrants that Talkbacks he adds to the Site shall be in accordance with any applicable law, shall not contain any material which may offend public sensitivities and/or any pornographic material or material of an overtly sexual nature and/or any material regarding minors which identifies them and/or which harms or breaches the copyrights of others and/or material which supports, abets and instructs the implementation or identification with the implementation with an act which comprises a violation of the criminal law of the State of Israel and/or any material which violates legal injunctions and/or compromises national security and/or violates censorship provisions and/or any material which represents slander and/or causes invasion of privacy and/or any material which is forbidden by law to publish and/or any material which constitutes deception of consumers, as defined by law, in general, and the Israel Consumer Protection Law of 1981, in particular.

 

23.  The User declares and warrants he recognizes that the Company is entitled to edit, amend, correct, abridge, revise and/or remove, in part and/or in whole, Talkbacks and/or any material and/or information in Forums, based on its exclusive sole conclusive judgment, without providing any prior notice.

 

24. The User, in the act of transmitting the User's content to the Site, thereby explicitly declares that he has full ownership of the content's intellectual property rights and that he permits, by the act of transmitting content to the Site, any use of the content, including publication and/or removing the content from the Site and/or publishing them in any other medium whether directly or indirectly related to the Company.

 

25.  The User declares and warrants he recognizes that the Company is entitled to cease the operation of Forums without any prior notice.

 

26. The Company is entitled to take any legal action at its disposal against a User who violates these provisions, and is entitled to transmit the User's personal details to any party harmed by publication of a notice and/or to law enforcement authorities. The User waives to raise any claim against the Company in this matter.

 

27. The User undertakes to compensate and/or indemnify the Company for any loss and/or damage caused by a violation of the provisions of these Terms of Use and/or violation of the rights of the Company and/or violation of  the rights of any third party as a result of publication of the User's Talkbacks, legal expenses and attorneys' fees.

 

 Chapter 6 – Protection of Privacy

 

28. The Company is entitled to condition accessing the Site and/or other Services offered on the Site upon registration, which shall comprise details identifying the User, and other additional details at the discretion of the Company. Should the User fail to provide the details while those details are explicitly required on the Site, the Company is entitled to prevent the user from accessing the Site and/or certain areas in the Site and/or using various Services in the Site, according to the exclusive discretion of the Company.


29. The Company is entitled to keep the details submitted by the Users and any additional information regarding them, which accumulates in the Company's data base, and to make use of it in accordance with any applicable law. The Company uses conventional means for data security on the Site. Notwithstanding the aforementioned, it is hereby clarified that the Company is unable to block and/or prevent with absolute certainty unauthorized penetration of data bases, and the Users hereby waives to raise all suit and/or claim against the Company in this regard, provided the Company has taken reasonable measures to prevent unauthorized penetration as stated.

 

30. The Company is entitled to make use of details given it by the Users and/or which accumulate regarding them in the course of using the Site, in order to contact the Users and to update them of promotional campaigns on the Site, and/or regarding additional services offered by the Company or by a third party. The Company is entitled to make use of such Information for marketing purposes and/or as part of statistical data collected by it for the needs of the Company and/or as part of data transferred to third parties, provided that such Information does not identify the User by name or by identifying details.

 

31. The Company shall not provide personal details of the Users to third parties; however the Company shall be entitled to provide other non-personal details, such as "cookies."

 

32. The User declares he recognizes that while carrying out actions connected to registering to the Site, the Company is entitled "to plant" in the User's computer text files and programs (known as "cookies"), which enable identification of the User when he is accessing sites (the "Cookies"). Should  the User wish to delete the Cookies, he should turn to the home page of the company which produces the browser – Explorer and/or Netscape and/or another, and to act according to the instructions detailed on these sites.

 

33. From time to time the Company operates advertising services with third parties – interactive advertising companies. The User hereby permits the Company to provide these companies with the statistics data which accumulated in the Cookies.

 

Chapter 7 – General

 

34. It is clarified hereby that the Company is bind solely to the provisions of these Terms of Use.
 

35. The Company reserves its right to amend, from time to time, the provisions and Terms of Use of the Site, according to the exclusive discretion of the Company. Any amendment as stated shall oblige the Users from the moment it is published on the Site.

 

36. The Company is entitled to charge fees in return for the Services offered on the Site, after having provided prior notice on the Site 10 days commencing the first charging.
 

37. The User of the Site hereby agrees that any claim and/or demand against the Company shall be limited to a period of five months commencing the beginning of the relevant publication on the Site, and the parties view this provision as an agreement to a statute of limitations for a period as defined in clause 19 of the Statute of Limitations Law of 1958, in light of the unique character of use of an internet site. For the avoidance of no doubt, this provision supersedes any other legal provision.
 

38. Any dispute or matter regarding the Services provided in the Site, shall be governed by and construed in accordance with the laws of the State of Israel and the courts in the District of Tel-Aviv shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with the Services mentioned above.
 

39. The Company is entitled to immediately block the Services and use of the Site, should the User uses the Site and/or the Services contrary to the provision of any applicable law and/or contrary to the provisions under these Terms of Use, or for any other reasonable cause.

 

 

 

The User agrees and warrants he has read all of the aforementioned, and his accessing the Site constitutes agreement regarding all of the aforementioned. The User waives to raise any claim and/or demand and/or suit against the Company and/or anyone acting on its behalf, with regard to the aforementioned.