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Terms and conditions Terms and Conditions Last revised August 11, 2008 Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you agree to when you use the services provided to you by IsraeLingo.com and the parent company CMD (Creative Multimedia Development) This includes the Israel Trip Journal service, provided through www.israelingo.com and derivative sites on which these Terms are posted (collectively, "the Service" or "the Site"). By using our Service you agree to be bound by Part A of these Terms which contains provisions applicable to all users of our Service, including casual visitors. If you choose to register as a member of, or make a purchase through, our Service, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional wording set out in Part B of these Terms. Part A: Provisions applicable to all Users of the Service (Whether Registered or Not) 1. Operator This Service is operated by CMD a company under the laws of the State of Israel whose principal business address is Nahal Hayarmukh 6/2 Modiin, Israel 71700 CMD is also referred to in these Terms as "we" and "us". 2. Purpose of the Service IsraeLingo.com offers services that provide the ability to view, share, store and print various types content through a range of electronic devices including personal computers and mobile phones. 3. Availability We use reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of CMD. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of CMD. You agree that CMD shall not be liable to you for any modification, suspension or discontinuance of the Service. 4. Privacy We have a firm commitment to safeguarding your privacy. Please review IsraeLingo's Privacy Policy. The terms of our privacy policy are incorporated into, and considered part of, these Terms. 5. Trademarks All brand, product and service names used in this Service which identify IsraeLingo.com, its parent company CMD (Creative Multimedia Development) or third parties and their products and services are proprietary marks. Nothing in this Service shall be deemed to confer on any person any license or right on the part of CMD or any third party with respect to any such image, logo or name. 6. Copyright CMD is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our Copyright Policy (see below). 7. Reporting Violations of Your Copyrights a. If you believe the copyright in your work has been violated through this Service, please contact an IsraeLingo.com agent for notice of claims of copyright infringement, who can be reached at info@israelingo.com. 8. External Links From time to time IsraeLingo.com may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that IsraeLingo.com and its parent company CMD is not liable for any loss or damage that you may suffer by using other websites. 9. Amendment of the Terms We reserve the right to amend these Terms from time to time. 10. Applicable Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of the State of Israel. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of Israel and its courts. 11. Disclaimer of Warranty and Limitation of Liability THE SERVICE, ISRAELINGO.COM AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, ISRAELINGO.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED TO PRODUCTS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO ISRAELINGO.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. 12. Conduct You agree not to use the Service: a. for any unlawful purposes; b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to IsraeLingo.com and CMD; d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; f. to attempt to upload images by any method to another user’s account without permission g. to upload, post, email or otherwise transmit any material which is likely to cause harm to IsraeLingo.com and CMD or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; h. for any commercial purpose other than to permit a recipient with whom you have shared your images, anyone who accesses the images in the public gallery, to order from us photographic prints or products containing those images; i. to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; j. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or k. to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent. You further agree that you shall not: l. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; m. provide any information to IsraeLingo.com and CMD that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or n. resell the Service or any portion of the Service. 13. Indemnification You understand and agree that you are personally responsible for your behavior in connection with the Service. You agree to indemnify, defend and hold harmless IsraeLingo.com, our parent company CMD, its and our subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the Service, (b) use or misuse of the Service by you or any other person who accesses the Service using your account, (c) any violation of these Terms of Service or (d) any violation of any rights of a third party. 14. General These Terms constitute the entire agreement between IsraeLingo.com and CMD and you with respect to your use of the Service. Failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable. 15. Comments If you have any comments or questions about the Service please contact us at info@israelingo.com. Part B: Additional Provisions Applicable to Registered Members and Customers In addition to the provisions of Part A of these Terms, the following provisions shall apply to registered members and customers of the Service. 16. Registration You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders. 17. Password When you are registered as a user we will generate an automatic password that will be temporarily associated with your email. You will be asked to provide a new password upon the first login as a user. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify IsraeLingo.com immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to alter your password if we believe that your password is no longer secure. 18. Storage Policy IsraeLingo.com provides online storage of images and content to its members for an initial period. In addition, if your account becomes inactive for a period of 3 months, IsraeLingo.com may, at its option, terminate access to the account altogether (including deletion of any account information held). We may change this policy at any time, upon reasonable notice to you. In addition to images, IsraeLingo.com will accept embedded links to video files uploaded to preapproved third party websites only. 19. Image Rights, Sharing and "Favorites" IsraeLingo.com does not claim ownership rights in any image contained in your account. We do maintain the right to occasionally post recently uploaded images and letters on the IsraeLingo.com home page. 20. Responsibility for Your Images You are responsible for all of the images you upload, share or copy using the Service. You must either own all right, title and interest in and to the copyrights in the images or have express permission from the copyright owner to copy and use such images for all purposes related to the Service, and the images may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service. 21. Monitoring of Content IsraeLingo.com does not control the content of members' accounts and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service. 22. Suspension and Termination of Access and Membership You agree that IsraeLingo.com may at any time without notice: a. refuse to accept your application to become a member; b. move, change, or suspend any part of the Service; or c. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in CMD's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so. 23. Comments Posted to Blogs If you post a comment to a Blog, you understand and agree that anyone with access to the secure group page will be able to access, use and/or disclose any information that you include in any such comment (including, without limitation, any personal information such as your name, e-mail address, etc.). Copyright Policy Ownership All copyright in the material contained on this website is owned by CMD (Creative Multimedia Development) and its licensees, unless stated otherwise. All rights reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions: License to copy for personal use: You may for your personal use save to your individual storage medium copies of the Site Material as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the Site Material as is reasonable for private purposes provided that all proprietary notices are retained. IMPORTANT: the licenses set out above do not apply to any photographic material. Such material has been provided by third parties. For permitted use of third party content you must apply to the relevant content owner. Returning a damaged order If your order arrived damaged, please contact our Customer Service team at info@israelingo.com. We'll give you instructions for how to proceed with your return. Privacy Policy We at IsraeLingo.com (parent company, CMD) have a firm commitment to safeguarding the privacy of our customers. This page will inform you about our information gathering and dissemination practices for all of our services, including the Israel Trip Journal CD. Other sites linked to IsraeLingo.com are third party partners and are governed by a separate privacy statement. If you have questions or concerns regarding this statement, you should contact info@israelingo.com. IsraeLingo.com and its parent company CMD are also referred to in this Statement as "we" and "us". In General Your Photo Albums, Album Sharing, Blogs, Movie Clips and Messages We are committed to providing you with a safe environment to upload, share and view your photos. If you invite guests to see your photos, by clicking on the "Invite a Friend", we will send an email to your list of invitees containing a link. Your guests will be associated only with the group that you send the invitation from. Please note that your invitees can invite other guests, if they choose. We will not use any addresses or phone numbers listed in your profile for any other purpose than described in our service and we will not disclose your personal details to any third party. Your Personal Information We only use your personal information to conduct business with you. Your personally identifiable information will not be rented, sold or shared with any third party, except as described in this Privacy Statement or as otherwise agreed by you. We may disclose information it has collected from any member of the Service and/or content any member has made available on the Service when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of CMD or others. We may change this Privacy Policy without notice from time to time. Please visit this page for updates and changes. Regardless of later changes or updates, we will not use your information in a new way without first providing you with an opportunity to opt-out. Also, if you have not already done so, please review the Terms and Conditions that govern your use of the Service. Our privacy policy is considered part of the Terms and Conditions. Information We Collect and How We Use It Information You Explicitly Provide In order to establish your account or to place any orders for prints or other products provided through the Service, you will be asked to provide certain personally identifiable information to us, such as your name, mailing and email address, phone number, mobile phone number, carrier name, etc. We will use that information to send you the requested product and to process and communicate with you concerning any order. We may use this information to make improvements to our service or customize your service experience. In any event, we will not share your personally identifiable information with any other third parties without giving you the opportunity to opt-out. We use aggregate non-personal information (i.e. information that does not include personally identifiable data) for statistical analysis of user behavior, product development, content improvement and marketing, promotional and advertising purposes. We may also make that aggregate non-personal information available to select third party partners. Private Messages Messages that are sent through the website to individual users and administration will remain confidential. No use of these messages will be made other than aggregate statistical data. Messages may be printed by the administration and faxed at the request of the client. We reserve the right to access all messages sent for the purpose of trouble shooting, maintenance and other necessary actions. Information We Automatically Collect We collect several statistical data that is not associated with any individual. This data is aggregate non-personal information available to select third party partners. Such data includes, but is not limited to; Views of the website, time spent on the website, hits on the various links within a group page, number of pictures uploaded, number of blogs uploaded, number of movies posted, number of messages posted, etc. Disabling Cookies If you are uncomfortable with the idea of your information being stored in cookies, we recommend disabling cookie support in your browser; though please understand this will limit the performance and functionality of IsraeLingo.com. Your browser documentation will provide specific procedures for disabling cookie support. IP Address We analyze IP addresses in the aggregate for system administration purposes and to gather broad demographic information. We do not link IP addresses to your computer's User ID, with the following exception: when you place an order using our online checkout process we record your computer's IP address with your order to help us identify fraudulent credit card use. We may share this information with the financial institution that issued the credit card with which an order was placed or with law enforcement authorities if we determine, or are notified, that the use of the credit card was fraudulent. Links to Other Sites The IsraeLingo.com site may contain links to other sites. We are not responsible for the privacy practices or the content of such other websites. Contact information on privacy If you have any questions about this privacy statement, the practices of the Service, or your dealings with us, you can email your questions to info@israelingo.com. ________________________________________ Privacy Glossary Here are definitions for commonly used privacy and related Internet terms. Aggregate information Information that may be collected by a website but is not "personally identifiable" to you (see definition below). Aggregate information includes demographic data, domain names, and website traffic. As long as none of these fields is linked to a user's personal information, the data is considered aggregate. Browser Also called a Web browser. Software that enables you to search and or navigate through websites or "browse" parts of the Internet, especially the World Wide Web. Examples: Netscape Navigator and Microsoft Internet Explorer. Cookie A block of text placed in a file on your computer's hard drive by a website you've visited. A cookie is used to identify your computer the next time you access the site. Cookies cannot identify an individual user specifically unless the cookie data is attached to personally identifiable information collected some other way, such as via an online registration form. Domain name The company, individual, or organization "name" you use to access a website, e.g. www.israelingo.com. Email See electronic mail. Email address The computer version of a postal address. Like a postal address, it contains information about who the e-mail recipient is and where he or she resides on the Internet. Electronic mail Commonly referred to as email, this form of communication enables you to send messages and files from your computer through the Internet to one or more email addresses. Encryption Data that is scrambled into a private code for secure transmission. Internet A worldwide system of interconnected computer networks, whose use is not controlled by any government agency or central authority. Invisible Gif An invisible gif is a simple signal sent from certain emails or Web pages to the sponsor of the emails or Web pages, allowing the sponsor to keep track of the number of users who access the emails and Web pages. Opt-in An option giving you the ability to agree to the collection and dissemination of your personally identifiable information. A site that provides this option is stating that it will not gather or track personally identifiable information about you unless you knowingly provide such information and consent to such activities. Opt-out An option giving you the choice to prevent personally identifiable information from being used by a particular website or shared with third parties. Password A private, unique series of letters and/or numbers that you create and must use to gain access to a website or the Internet, specific data available online, or to make modifications to restricted-access software (e.g. parental control software). Personally identifiable information Information that can be traced back to an individual user, e.g. your name, postal address, or e-mail address. Personal user preferences tracked by a website via a "cookie" (see definition above) is also considered personally identifiable when linked to other personally identifiable information provided by you online. Privacy statement A page on a website that lays out the site's privacy policy, i.e. what personal information is collected by the site, how it will be used, whom it will be shared with, and whether you have the option to exercise control over how your information will be used. Web browser See browser. website A collection of "pages" or files on the World Wide Web that are linked together and maintained by a company, organization, or individual. Anyone with a website may be considered a content provider or a publisher. World Wide Web A part of the Internet that links text, sound, and images in the form of Web pages and sites.
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