Dear
surfers,
Before
using this Website, please thoroughly read through the terms of Use, including
the declaration of privacy at the end, which constitutes an integral part of
these terms of Use. The terms of
Use, together with the declaration of privacy, constitute a binding agreement
between us and you (hereafter - "the terms of Use").
Important!
Use
of the Website or any part thereof constitutes your agreement to the terms of
Use. If you do not agree with the
provisions of the terms of Use or any part thereof do not register as
subscribers, do not surf the site and do not make use of its services in any
other way.
The
terms of Use apply to all use made of the Website, whether via the Internet or
in any other way. Moreover, the
terms of Use apply to use of the Website in any manner via computers or any
other device, including mobile phones, handheld computers and the like.
A.
Preamble
Start-up
Jerusalem, Association Number 580424067 and/or
anyone on its behalf (hereafter jointly - "SUJ") is an independent
association whose aim is to assist in the promotion and development of the city
of
Jerusalem
, inter alia via this Website.
The
aim of the Website is to develop and encourage the culture and tourism of, and
in,
Jerusalem
and to make available content and services for tourists, businesses and private
customers.
SUJ
and/or the Website are not personally travel agents and/or ticket agents, they
do not personally provide tourism, cultural or other similar services, and they
do not act as representatives and/or agents for any of the businesses or
entities who provide such services.
The
Website is located at, and operates under, the domain name owned by SUJ whose
address is gojerusalem.com (heretofore and hereafter - "the Website").
The Website is not an official site of the city of
Jerusalem
or the state of
Israel
, and it is not operated on their behalf.
B.
General
1.
That stated in
the preamble, the introduction that precedes it, and the declaration of privacy
hereunder are each an integral part of the terms of Use.
2.
That written
heretofore and hereunder applies to every male and female surfing the Website,
and language employing the male gender is for convenience only.
3.
In addition to
definitions appearing elsewhere in the terms of Use, the following definitions
shall apply:
3.1
"Surfer" or "surfers"
- any person or corporation surfing the Website.
3.2
"Download" - download
and any other action that is similar in nature.
3.3.
"Upload" - upload and any
other action that is similar in nature.
3.4
"Subscriber" - a
surfer who has registered as a member of the Website.
3.5
"Content" or "contents"
- information of any kind including text, video, audio and any combination of
these as well as the way they have been designed, processed, laid out,
distributed and presented including (but not limited to) any picture,
photograph, illustration, animation, sketch, image, simulation, sample, film
clip, audio file, music file, any other file, software, computer code,
application, format, protocol, database, interface and any character, mark,
symbol and icon.
3.6
"Service" or "Website
services" - any of the tourism and/or cultural and/or other similar
services that are provided on and/or via and/or through the Website including
via a linked site.
C.
General terms
4.
SUJ reserves the
right to adapt and/or suspend and/or cease and/or change and/or expand the
Website content and/or Website services or part thereof at any time, including
its character, authorizations for access thereto, availability, scope, hours of
operation, and also software and/or equipment required to access the Website
services. SUJ reserves the right to
restrict certain activities and/or services and/or access thereto, in full or
in part. In any event, it is hereby declared and agreed that SUJ shall not bear
liability for any damage resulting from the aforesaid.
5.
SUJ shall be
permitted to change and/or amend and/or remove and/or add conditions to the
terms of Use or part thereof from time to time and at its exclusive discretion,
provided that any such amendment appears on the Website, as terms of Use
normally appear. It is clarified
that SUJ shall not be required to notify each surfer or subscriber personally
regarding the said changes.
6.
SUJ may offer,
at its exclusive discretion, special activities, services, and content subject
to special or differing conditions, which shall be notified to all or some of
the surfers at its exclusive discretion and according to criteria to be
determined. It is hereby clarified
that participation in the activities and/or exposure to the special content
shall be considered agreement to the special terms, which
shall be set out near the special activity, service or content as the
case may be and in a manner determined by SUJ.
7.
Copyright and
any other intellectual property rights in the Website, including the Website
name, content, software and supplementary software that are used to operate the
site, belong to SUJ and/or bodies associated therewith, whether or not notice
of copyright has been included in relation to specific information. Copyright
and any other intellectual property rights in other sites to which this Website
contains a link, belongs to the operators and/or owners of those other sites
and/or pursuant to that stated on those sites.
D.
Declarations and Undertakings
8.
The surfers on
the site declare and undertake as follows:
8.1
That they shall comply with
the provisions of the terms of Use and the provisions of any law when using the
Website. Moreover, that they shall
comply with all the conditions that appear in connection with the Website
services, even if they appear not on behalf of SUJ and/or if they appear on
other sites to which the Website contains a link.
8.2.
That they are aware and agree that
SUJ and the Website do not personally act as travel and/or ticketing agents,
the Website services are provided by third parties, and that SUJ and the
Website do not act as representatives and/or agents of any of the businesses or
entities providing such services.
8.3.
That they are solely liable for any
damage resulting from their reliance on the content provided in and/or via the
Website and/or resulting from the use of services on the Website and/or of any
service provided via the Website, and that they are aware that SUJ shall not
bear liability for any direct and/or indirect damage, financial and/or
otherwise, suffered by the surfers and/or third parties, resulting from
reliance on or use of the aforesaid.
This restriction shall also apply if SUJ and/or anyone on its behalf foresaw
and/or could have foreseen the damage in advance.
8.4.
That they are aware that personal
details provided by them, insofar as such is provided, shall be stored in a
database properly administered by SUJ, unless otherwise stated, and that it may
be necessary to forward these
personal details to a third party for the purposes of, and in the course of
using, the Website services. In
such an event, the instructions and regulations of the third parties shall
apply to the personal details, and unless otherwise stated, SUJ shall not bear
liability for, and/or have control over, such details.
8.5.
That they are aware that SUJ does not supply any equipment and/or
infrastructure necessary for the purpose of Internet access and for the purpose
of obtaining services from the Website, including telephony equipment, modems
and software for accessing the Internet.
8.6.
Not to copy and/or distribute
and/or trade and/or create links to any parts of the Website and/or content
appearing therein, except where written notice has first been obtained from
SUJ.
8.7
Not to send and/or install and/or upload to and/or via the Website
information that is by law and/or contract not permitted to be uploaded - such
as information that is harmful and/or stolen and/or misleading and/or the
transfer of which is against public policy and/or constitutes a criminal
offence, including where this constitutes breach and/or harm to copyright,
trademarks, privacy laws or libel laws.
8.8
Use of the Website services
and/or use, downloading or printing of content shall be permissible provided
that the following conditions are complied with:
8.8.1
The information obtained shall not be changed or processed in any way.
8.8.2
The information shall not be posted or published on other Website on the
Internet or in any other place.
8.8.3
The use, downloading and
printing shall be solely for the purposes of tourism.
8.8.4
The specific provisions
appearing on each individual page of the Website, insofar as such appear, shall
be complied with.
8.9
To compensate and/or indemnify - fully and immediately upon first
demand, SUJ and/or any entity that owns content contained in the Website and/or
that provides services to the Website and any license holder and/or owner of
other rights in the Website, for any claim and/or demand and/or suit and/or
damage suffered thereby due to a breach of the terms of Use of the Website
and/or in connection with the supply of a service. In order to remove any
doubt, SUJ shall be permitted to conduct its own legal defense as it sees fit
if required to do so - including the reaching of a settlement and/or consent to
arbitration and/or mediation proceedings - and the surfer and/or subscriber
hereby undertakes to cooperate with SUJ in any legal proceeding as aforesaid.
E.
Registration and
Use of the Website and Its Services
9.
Surfers who are
interested in doing so can register as subscribers to the Website.
Registration to the Website may provide the subscriber with the
possibility of responding to articles appearing on the Website, to transfer
information to the Message Services as defined hereunder, and to take part in
all other activities on and/or via the Website as determined by SUJ from time
to time. As part of the registration process, the surfer seeking to register as
a subscriber may choose a password and Username (hereafter - "Username").
In the course of registration and thereafter, the subscriber undertakes:
9.1
Wherever required on the
Website, to provide accurate, complete and updated information.
9.2
To provide a valid e-mail
address (in the event that he holds one).
9.3
To update SUJ in the event of
a change to any other relevant information regarding the subscriber.
10.
It is hereby clarified that
surfers and/or subscribers using the Website and/or its services shall be
subject to the following conditions:
10.1
They shall not choose or use a Username
belonging to another person and/or any information and/or detail belonging to
another person in a manner that is misleading and/or in which they represent
themselves as any other person or entity.
10.2
SUJ reserves the right, at its exclusive
discretion, not to approve a Username that it believes is not suitable or that
may be misleading and/or harmful.
10.3 A
breach of the undertakings set out in section 10 herein, including the
provision of misleading information, may result in access to the Website and/or
its services being blocked, as well as the filing of a complaint with the
police, in addition to any other rights available to SUJ under law.
11.
The subscriber shall be
responsible for maintaining the integrity of his password, and shall bear
responsibility for any use made of the password, even if this occurs without
authorization. The SUJ shall not
bear liability for any damages caused to the subscriber and/or anyone on his
behalf and/or any third party as a result of unauthorized use of the
subscription.
12.
The subscriber can terminate his
subscription at any time by way of written notice to SUJ
13.
SUJ has the right to immediately terminate a subscription without prior
notice in the event of non-compliance with the conditions stipulated in the
terms of Use, at its sole discretion and without derogating from any rights
available to it under the law and/or the terms of Use.
F.
Use of Message
Services
14.
The Website contains or may
contain in the future forums, chat, notice boards, communities and
the like (the aforesaid services all jointly referred to hereafter as -
"Message Services"). Message Services are deemed public communication,
such that any content published or raised in these services by any surfer is
open to perusal by others. Accordingly, care must be taken when using Message
Services in the publication of personal details and/or identifying details
personal to the surfer or anyone associated with him.
15.
Message Services shall only
be used for the purposes of sending and receiving messages and information that
are suitable in character for any message service. When using the Message
Services, the following shall be prohibited:
15.1
Publication and/or dissemination and/or
uploading of files, information, details or any other material of any kind,
that may involve a breach of any law and/or harm to any third party, including,
but not limited to, a breach of the criminal law, a breach of any intellectual
property rights, invasion of privacy, harm to reputation, obscenity, profanity,
libel, affront, intimidation, or threats.
15.2
Dissemination and/or publication and/or uploading of files containing
computer viruses of any kind, "trojan horses", "worms" and/or any other file
that may damage and/or harm a third party and/or his property, and/or the
transfer of any information held by a third party without his knowledge or
consent.
15.3
Conducting of surveys, questionnaires, competitions, chain letters and "pyramid
games".
15.4
Publication and/or provision of information and/or offers of a commercial
nature (unless prior consent has been obtained from SUJ).
15.5
Any limitation, interference or
obstruction of the use and enjoyment by other surfers of the Message Services
and/or the Website.
16.
SUJ shall be permitted, but
not obligated, to supervise all Message Service activities, and as such it
shall be permitted to examine and/or approve and/or remove and/or erase and/or
edit any content and/or messages appearing on the Message Services, in full or
in part, without warning and at its exclusive discretion.
In order to remove any doubt it is clarified that the aforegoing shall
not constitute an undertaking by SUJ to carry out supervision or to impose on
it any liability for supervision or non supervision.
17.
SUJ shall provide the
platform for Message Services, but is not liable for the content published on
the Message Services by surfers. Consequently,
SUJ shall not bear any liability for any publications within the framework of
the Messages Services and/or in connection with damages resulting from such
publications.
18.
It is clarified that
publication and uploading of any content by any surfer within the framework of
the Message Services and/or in any other place on the Website constitutes a
permit from SUJ to perform at its exclusive discretion any of the following
activities with the content, without restriction and without the need to obtain
any permission - to sell, transfer, copy, change, use, post, publicly perform
and to grant subsidiary licenses for the aforesaid content or part thereof.
G.
Limitation of Liability
19.
The Website content and
services are provided As Is. SUJ does not warrant and shall not be liable
towards surfers or subscribers with respect to content and/or services offered
on the Website, including identification of the service provider and/or his
credibility, or the availability and supply of the service, the possibility of
realizing the service, suitability of the service, any assurance and/or
representation and/or agreement with respect to the service, its cost, quality,
terms and options of payment, and any other matter stemming directly and/or
indirectly from receipt and/or provision of the service and/or from reliance
upon receipt and/or provision of the service, all unless expressly stated
otherwise.
20.
Publication of notices on the
Website does not constitute a recommendation or encouragement by SUJ to
purchase services and/or products offered thereby, and the conditions of any
transaction entered into as a result of the notice or information published on
the Website shall be finalized directly between the surfer and the relevant
publisher and/or supplier and on their sole responsibility.
In order to remove any doubt, SUJ is not and shall not be a party to any
such transaction. The surfers and
subscribers hereby waive any claim and/or demand and/or suit against SUJ with
respect to any information, publication, content, product and/or service as
aforesaid.
21.
The fact that links are
contained on the Website does not constitute a recommendation to visit the
linked sites, unless expressly stated.
SUJ declares that it has not taken any steps to examine the accuracy and/or
reliability and/or quality of information contained in the linked sites and/or
the services and/or products offered via the said sites.
SUJ recommends that every such site be checked before surfing and taking
part in the activities offered therein, and in any event - anyone entering
another site via a link from the Website does so on his own responsibility.
22.
SUJ reserves the right, at its
exclusive discretion, to prevent at any time use of the Website, or part
thereof, by any surfer due to his inappropriate use thereof, including use that
is illegal and/or that interferes with use by others and/or the publication and
dissemination of content that is harmful and/or offensive and/or immoral and/or
illegal, and/or due to use that is inconsistent with these terms of Use. At the
same time, SUJ reserves the right to remove from its Website at any time any
content and/or service which, at its exclusive discretion, it decides to
remove.
23.
SUJ shall not bear any liability for interruptions, faults, response
times, viruses or any other factor that may interfere with or harm services on
the Website and/or cause any damage.
24.
SUJ shall not there any
liability for loss of information and/or damage resulting to the computer
system and/or infrastructure of a subscriber, and/or any other damage deriving
from use of the SUJ Website, including that resulting from the download of
information and/or software via the Website.
H.
Miscellaneous
25.
The law of
Israel
shall apply to the terms of Use and/or any other matter connected with the
Website and/or deriving there from, and the authorized court in
Israel
in the city of
Jerusalem
shall have exclusive legal jurisdiction
26.
Chapter headings contained
herein are for convenience only, and they shall not be seen as binding nor
shall they be referred to for the purposes of interpretation.
27.
The terms of Use, which as
aforesaid constitute an agreement between SUJ and the surfer, exhaustively
cover all agreements between the parties and they replace any representation
and/or undertaking and/or agreement previously given, verbally and/or in
writing, by any of the parties. No
waiver, discount, abstention or delay by SUJ in the exercise of its rights
under this agreement shall be interpreted as a waiver or abstention.
28.
SUJ shall be permitted to send notices to the surfer or subscriber in
one of the following ways:
28.1
By posting a notice in the general
information window on the Website, including via an information window, which
can only be accessed via a link.
28.2
Via e-mail to the address provided by the
subscriber.
29.
Notice that was sent to a
surfer or subscriber via e-mail shall be deemed to have been received on the
business day following the date on which it was sent.
A message posted on the Website shall be deemed to have been received on
the date the surfer or subscriber entered the Website or made any use of the
Website ג€“ whichever is earlier - following posting of the notice.
30.
Any surfer or subscriber may
forward information to SUJ via the following e-mail address:
_____________________ or to the following postal address ___________________,
___________________ Street,
Jerusalem
.
Declaration
of Privacy
This
declaration is an integral part of the Website terms of Use, as they appear
heretofore.
1.
In establishing
and operating the Website, considerations relating to the privacy and security
of surfers have been equally taken into account along with the content and
services supplied by the Website. The Website has a policy of honoring and
protecting the privacy of surfers, and accordingly SUJ shall refrain from
forwarding personal details collected with respect to subscribers and surfers,
if and to the extent that these are collected. Notwithstanding this, upon the
occurrence of one of the instances set out hereunder, SUJ may, but is not
obligated to, provide the aforesaid details in part or in full:
1.1
In the event of a breach of
the terms of Use and/or carrying out and/or attempt to carry out a prima facie
violation of the provisions of any law;
1.2
Pursuant to the provisions of
any law that obligates SUJ to provide such information or part thereof to any
third party;
1.3
In the event of a dispute,
disagreement or any legal or quasi legal proceeding between the surfer or
subscriber and SUJ;
1.4
In the event that SUJ
believes that this may prevent serious harm to the surfer, his life, his health
or property, and any damage as aforesaid to any third party;
1.5
When products and services
are purchased on the Website from SUJ and/or from business partners of SUJ
and/or from any third party - information necessary to complete the purchase
procedure shall be forwarded to the said partners and/or third party as the
case may be;
1.6
In the event that the
activities of SUJ and/or the Website are transferred to another corporation,
SUJ shall be permitted to provide all the information in its possession to the
Corporation that shall operate the Website, provided that the Corporation
accepts upon itself the provisions of privacy contained herein.
It
is clarified that the above reservation of rights by SUJ shall not impose upon
SUJ an obligation to report or provide information to any party, and no person
shall have any claim or suit against SUJ flowing from the transfer or provision
of information or the non transfer or non provision of the aforesaid
information.
2.
IP addresses and
cookies: The Website permanently collects details concerning the use
thereof, such as - date, time, type of Web browser, type of operating system,
IP addresses of visitors to the Website and address of the referring page.
Subject to the terms of Use and this declaration of privacy, these details are
collected for internal purposes. This information is kept for various purposes,
such as - system management, balancing the load on the Website server, issuing
of statistical reports, and the locating of user details in exceptional
circumstances as aforesaid. The IP addresses are not associated with personal
identifying details on the SUJ servers. Most Web browsers allow cookies as a
default. You have the option of reconfiguring your Web browser such that it
will refuse to accept cookies or to configure it so that it will indicate when
cookies are sent to your computer. Please
note: Some of the applications on the Website will not function
properly on a computer that blocks cookies.
3.
SUJ works
together with third parties who are responsible for some of the publications on
the Website. Cookies may
periodically be sent to you from these publishers. SUJ has no control over such
cookies. Sending of cookies by third parties is standard practice in the
Internet industry.
Please
note!
Various
activities and services within the framework of the Website may include further
specific terms of use. Unless otherwise expressly stated in writing, the
further terms of use shall apply in addition to those contained in these terms
of Use.
Happy
surfing,
The
Staff at SUJ