ALHATORAH.ORG™ Terms of Use

Welcome to ALHATORAH.ORG (together with its sub-domains, Content, Marks and services, the "Site"). Please read the following Terms of Use ("Terms") carefully before using this Site so that you are aware of your legal rights and obligations with respect to ALHATORAH.ORG ("ALHATORAH.ORG", "we", "our" or "us").

Consent and Modification
By accessing or using the Site, including without limitation contributing to or viewing the Content (defined below) therein, you signify your assent to: (i) these Terms; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Site (collectively the "Site Terms"). The Site Terms apply to all visitors and users of the Site. If you do not agree to the Site Terms, then please do not access or otherwise use the Site. We reserve the right, at our discretion, to change the Site Terms at any time. Such change will be effective upon our posting the revised Site Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
Age Requirement
If you are under 18 years, then you must review these Terms with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms and agree to them.
Site Access and Use
We hereby grant you a limited license to access and use the Site subject to, and provided that you act in accordance with and comply at all times with, these Terms.
Site Restrictions
You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization or as permitted herein; (ii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt or overload servers or networks connected to the Site; (iv) without our express permission, use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (v) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (viii) use the Site to invade the privacy rights of any Site user or third party; and/or (ix) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose.
Intellectual Property Rights
The (i) content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, "Materials"); (ii) User Submissions (as defined below, and together with the Materials, the "Content"); and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of ALHATORAH.ORG and/or its licensors and affiliates, and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site, the Content and the Marks. "ALHATORAH.ORG", the ALHATORAH.ORG logo, and other marks are Marks of ALHATORAH.ORG or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
Use of Content
The Content on the Site is provided for your personal and educational use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever (including without limitation for any commercial purpose or for consideration of any sort) without ALHATORAH.ORG’s prior written consent. If you use, copy, download, or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
User Submissions
1. Responsibility
  The Site permits the submission, hosting, transmitting, sharing and publishing of Content by you and other users ("User Submissions"). Subject to these Terms and the terms of our Privacy Policy, you understand that whether or not such User Submissions are published or transmitted, we do not guarantee any confidentiality with respect to any User Submissions which are submitted to be posted on the Site. You shall be solely responsible for your User Submissions and the consequences of posting, publishing, or transmitting them. We have complete discretion whether to publish or transmit your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, delete, refuse, and/or remove any and all Content transmitted in connection with, or posted on, the Site (including User Submissions) at any time and for any reason.
2. Ownership
  You represent and warrant that you own or have the necessary rights and permissions to use and authorize ALHATORAH.ORG to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
3. License
  Subject to these Terms and the terms of our Privacy Policy, by submitting the User Submissions to ALHATORAH.ORG, you hereby grant ALHATORAH.ORG a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions only in connection with the Site and ALHATORAH.ORG's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each User a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in accordance with these Terms.
4. Prohibited Content
  You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) is unlawful, defamatory, libelous, threatening, or offensive; (vi) gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) constitutes an unauthorized commercial communication; (viii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information in your User Submission and that the third party is aware that they may be contacted as a result; and/or (ix) breaches these Terms.
5. Moderating Services
  ALHATORAH.ORG reserves the right, without further notice to you, to monitor, censor, edit, delete, refuse, and/or remove any User Submission, or part thereof, at any time and for any reason, including without limitation for breach, at ALHATORAH.ORG's sole discretion, of these Terms (the "Moderating Services"). You acknowledge and agree that: (i) to the extent that ALHATORAH.ORG performs Moderating Services, there may be some time-lag between the time that you transmit, post, or otherwise submit a User Submission and the time that said User Submission reaches its targeted audience; (ii) ALHATORAH.ORG is not under any obligation to perform the Moderating Services with respect to any or all User Submissions; and (iii) ALHATORAH.ORG shall not be liable for its decision to refuse a User Submission or for any modifications that it makes to a User Submission, whether belonging to you or another Site user, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ALHATORAH.ORG with respect to any such refusal or modifications.
6. Exposure
  You understand and acknowledge that when accessing and using the Site you will be exposed to User Submissions from a variety of sources, and that ALHATORAH.ORG is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against ALHATORAH.ORG with respect to the foregoing.
Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right, in our sole discretion and at any time, to remove or make changes to the Content, or any part thereof, without needing to give any prior notice.
Disclosure
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with your use of the Site as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ALHATORAH.ORG, its users or the public.
Links and Posting User Submissions to Third Party Websites
1. To Third Party Websites
  The Site includes links to third party websites that are not owned or controlled by ALHATORAH.ORG and may enable you to post content to such third party websites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices, of any third party websites. You acknowledge and agree that you remain solely responsible and liable for your use of any content that you may post to, a third party website, and you expressly release ALHATORAH.ORG from any and all liability arising from the foregoing. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you choose to post on or otherwise visit.
2. From Third Party Websites
  ALHATORAH.ORG permits you to link to the Site provided that: (i) you link to, but do not replicate, any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with ALHATORAH.ORG or present any false information about ALHATORAH.ORG and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own or have permission to use, or whose terms of use you have breached; and/or (v) the third-party website does not contain content that is unlawful, offensive, controversial (all in our sole discretion), infringes any intellectual property or other rights of any person, or would be a breach of these Terms.
Subscription
If you subscribe to receive updates or notifications from ALHATORAH.ORG, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any subscription forms on the Site; and (ii) not to subscribe for anyone other than yourself without permission.
Donations
Donations may be made through the Site to organizations that support our work. If you choose to make such a donation, your donation will be used to support our work and activities. By making a donation you affirm that you are over the age of eighteen (18) years and that any donation you make is legal in your jurisdiction. All donations are non-refundable. ALHATORAH.ORG does not make any representation or warranty regarding whether your donation will be tax-deductible. You agree that you are responsible for all donations made using your credit card, and that ALHATORAH.ORG shall not be liable for any loss that results from any unauthorized use (either with or without your knowledge) of your credit card. You may only provide valid and current credit card or other payment-related information for yourself or another person, but only if you have first obtained their express consent to do so. PayPal or another third party service provider may be used to process donations , and you agree to review and be bound by any terms of use and privacy policy of said third party service provider.
Advertisements
The Site may display advertisements not operated by ALHATORAH.ORG. We have no control over, and are not responsible for, the content of any advertisements. The existence of an advertisement shall not be construed as an endorsement by ALHATORAH.ORG of the advertisement or its content.
Privacy
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy, which is available here ("Privacy Policy"). You agree that we may use personal information that you provide or make available to us in accordance with our Privacy Policy.
Copyright Policy
It is ALHATORAH.ORG's policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed here ("Copyright Policy").
Warranty Disclaimers
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALHATORAH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ALHATORAH DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ALHATORAH WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ALHATORAH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ALHATORAH.ORG, INCLUDING OUR AFFILIATES, AND OUR RESPECTIVE FOUNDERS, BENEFACTORS, SPONSORS, PATRONS, SUPPORTERS, CONTRIBUTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF DATA, CONTENT, MONEY, GOODWILL, REPUTATION, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THIS AGREEMENT OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF ALHATORAH.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALHATORAH.ORG’S TOTAL LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT FOR ALL CLAIMS, DAMAGES AND LOSSES SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED, IN THE AGGREGATE, THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ALHATORAH.ORG FOR YOUR USE OF THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless ALHATORAH.ORG, including our affiliates, and our respective founders, benefactors, sponsors, patrons, supporters, contributors, officers, directors, employees, licensors, assigns and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; and/or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
Term and Termination
These Terms are effective until terminated by ALHATORAH.ORG or you. ALHATORAH.ORG, in its sole discretion, has the right, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms), to: (i) discontinue or modify any aspect of the Site; and/or (ii) suspend or terminate your, or general, access to the Site, or any part thereof, and in such an event ALHATORAH.ORG shall not be liable to you or any third party for the foregoing activity. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse and sole remedy is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 19 and Sections 5 (Intellectual Property Rights), 14 (Privacy), 16 (Warranty Disclaimers), 17 (Limitation of Liability), 18 (Indemnity), 21 (Arbitration by Erez Hemdah - Gazit Beit Din, Governing Law and Disputes) and 22 (General) shall survive any termination of these Terms.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by ALHATORAH.ORG without restriction or notification to you.
Arbitration by Erez Hemdah - Gazit Beit Din, Governing Law and Disputes
1. The Site Terms, the relationship between you and ALHATORAH.ORG, and your use of, or inability to use, the Site shall be governed by and construed according to Jewish law. The Site Terms are intended to be a permissible "iska" under Jewish law. Any dispute arising under the Site Terms or in relation to your use of, or inability to use the Site, shall be resolved by binding arbitration before a panel of three arbitrators of the Erez Hemdah - Gazit Beit Din located in Jerusalem, Israel, and the parties agree to the Erez Hemdah - Gazit Beit Din in said venue as the exclusive forum for resolving any such dispute. The arbitrators shall be "dayyanim", however they shall not be bound by any substantive law. The arbitrators will be appointed jointly by the parties, and if the parties do not agree upon the composition of the arbitration panel within fifteen (15) business days following the written request of either party to have arbitrators appointed, each party shall nominate one arbitrator each and those two nominated arbitrators shall jointly appoint the third arbitrator. The provisions of this section shall be deemed an arbitration agreement under any applicable law (including without limitation the Israeli Arbitration Law 1968). The decision of the Erez Hemdah - Gazit Beit Din shall be binding on the parties.
2. In the event that Section 21.1 is held to be invalid by a court of competent jurisdiction: (i) the Site Terms and the relationship between you and ALHATORAH.ORG shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to its choice of law rules; and (ii) you agree that any legal action arising out of or relating to these Site Terms and/or your use of, or inability to use, the Site shall be filed exclusively in the competent courts of Jerusalem, Israel and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. For the avoidance of doubt, the parties agree to resolve any dispute under the Site Terms in accordance with Section 21.1, and accordingly this Section 21.2 is only intended to operate in the event that Section 21.1 is deemed invalid by a court of competent jurisdiction.
General
The Site is currently made available for free, but ALHATORAH.ORG may in the future charge a fee for certain uses. The Site Terms shall constitute the entire agreement between you and ALHATORAH.ORG concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: 22 November 2012