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ISREALFILMCENTERSTREAM.ORG TERMS OF USE 

 

Welcome to IsraelfilmcenterSTREAM.org. Please read this Terms of Use Agreement (the "Terms of Use") carefully, as it constitutes legally binding terms and conditions and applies to your use ofwww.IsraelfilmcenterSTREAM.org (the "Site"), whether you are accessing the Site via a personal computer, a wireless or mobile device or any other technology or device now known or hereafter developed or discovered (each, a "Device"). The Site is made available by The JCC in Manhattan and its affiliates ("IsraelfilmcenterSTREAM.org", "we", "our" or "us") and the term "Site" includes all content, applications, features, functionality and services offered by us on the Site, including, without limitation, viral, embeddable or application/device-based features and related technology (e.g., APIs, widgets, applications, etc.) and the Download Manager (as defined herein) (collectively, the "Site Services"). These Terms of Use govern only the Site, and the content, features, and activities made available on the Site, and do not cover other websites or any corresponding content, features, and activities made available by any other company, unless specifically stated.

 

            These Terms of Use apply to all users of the Site, whether you have registered for or simply browse the Site ("User", "you" or "your"), and by using the Site, you understand, acknowledge and agree that you shall comply with the terms and conditions of these Terms of Use and any additional terms and conditions that govern certain Site Services, which may be presented in connection with same (the "Additional Terms"). The Site may also provide rules of participation for certain activities and services, including, without limitation, contests, sweepstakes, and other initiatives (the "Rules").

 

1.         Term. These Terms of Use, and any posted revision or modification thereto, shall remain in full force and effect while you use or are registered for the Site. You may terminate your use of or registration to the Site at any time, for any reason, and IsraelfilmcenterSTREAM.org may terminate your use of or registration to the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party. Even after your registration is terminated, your obligations under these Terms of Use, the Additional Terms and the Rules, including, without limitation, any indemnifications, warranties and limitations of liability, shall remain in effect.

 

2.         Modifications. We may modify these Terms of Use from time to time, and at any time, without notice to you, for any reason, in our sole discretion. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review these Terms of Use regularly so you are aware of the most current rights and obligations that apply to you.

 

3.         Compliance. By using the Site, you represent, warrant and covenant that (a) you are 18 years of age or older; (b) your use of the Site does not violate any applicable law, rule or regulation and you shall comply with all of the terms and conditions set forth herein; (c) you shall make timely and satisfactory payment for any Content (as such term is defined herein) purchased by you on or in connection with the Site and (d) all registration information, including, without limitation, payment information (e.g., credit card, debit card information, etc.), you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. If you provide information that is untrue, inaccurate, not current or incomplete, or IsraelfilmcenterSTREAM.org suspects that such information is untrue, inaccurate, not current or incomplete, IsraelfilmcenterSTREAM.org has the right to suspend or terminate your registration (in whole or in part) and refuse any and all current or future use of the Site (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

 

4.         User Registration.  In order to access and use certain content, features, or functionality of the Site including, without limitation, Fee-Based Video Content (as defined herein), we shall require you to register for the Site and have a unique username and password combination ("User Credentials") and provide certain additional information, which may include, without limitation, your email address, legal name, date of birth, country of residence, zip code, etc., and, for fee-based transactions, your physical address, telephone number(s), applicable payment data (e.g., credit card number and expiration date), etc. (collectively, a "User Account"). If you elect to become a registered User of the Site, you are responsible for maintaining the strict confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Site by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent, including, without limitation, any fee-based transactions. You agree to (a) immediately notify IsraelfilmcenterSTREAM.org of any unauthorized use of your User Credentials or User Account, or any other breach of security, and (b) ensure that you log off from the Site at the end of each session. It is your sole responsibility to (i) control the dissemination and use of your User Credentials and User Account, (ii) update, maintain and control access to your User Credentials and User Account, and (iii) cancel your User Account on the Site. We reserve the right to deny access, use and registration privileges to any User of the Site if we believe there is a question about the identity of the person trying to access any account or element of the Site. IsraelfilmcenterSTREAM.org shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section 4.

 

5.         Proprietary Rights

 

A.         As between you and IsraelfilmcenterSTREAM.org, IsraelfilmcenterSTREAM.org owns, solely and exclusively, all right, title and interest in and to the Site and all content contained and/or made available on, through or in connection therewith (the "Content"), and all such Content is protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, rules, regulations and treaties. The term "Content" includes, without limitation, all films, video, audio/visual content, music (including the musical compositions therein), artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Site, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Site). Unless the context clearly requires otherwise or we explicitly set forth in writing, the term "Site" includes "Content" as well.

 

B.         The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Site, including, without limitation, notices on any Content you transmit, download, display, print, stream or reproduce from the Site. Except as expressly authorized by IsraelfilmcenterSTREAM.org (e.g., Site Services that allow for the use of embeddable or viral features, etc.), you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website or platform), or otherwise use, any Content without the express, prior written consent of IsraelfilmcenterSTREAM.org or its owner if IsraelfilmcenterSTREAM.org is not the owner. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall aggressively enforce same to the fullest extent of the law, including seeking criminal prosecution. We likewise respect the intellectual property of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in Section 12 below.

 

6.         Fee-Based Video Content.

 

A.         General

 

Most of the motion pictures, films and other similar audio/visual Content available on the Site ("Video Content") is provided on a fee basis and requires payment of a fee ("Fee") in order to access and view same (collectively, "Fee-Based Video Content"). Subject to the terms and conditions set forth herein, IsraelfilmcenterSTREAM.org may make available certain Fee-Based Video Content on or in connection with the Site, in IsraelfilmcenterSTREAM.org’s sole discretion, on a rental, streaming-on-demand basis (i.e., pay-per-view streaming), which requires payment of a Fee in order to view a particular unit of Video Content during a specified time period an unlimited number of times (collectively and individually, "RSOD Content"). For purposes of clarity, and the avoidance of doubt, (a) the term "Content" includes "Video Content" and all forms thereof, including, without limitation, RSOD Content, and (b) "Video Content" includes "Fee-Based Video Content".

 

B.         Video Content Restrictions and Terms

 

(i)         Availability.

 

You acknowledge that IsraelfilmcenterSTREAM.org licenses some or all of the Content under agreement from third parties, and that IsraelfilmcenterSTREAM.org may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Site, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Site to the same extent, or at all, as prior to such change or discontinuation, and (b) that IsraelfilmcenterSTREAM.org shall have no obligation or liability to you in such case. In no event shall IsraelfilmcenterSTREAM.org be liable for the removal of or disabling of access to any Content, Site Services, materials or functionality of the Site, including, without limitation, Video Content. IsraelfilmcenterSTREAM.org may also impose limits on the use of or access to certain features or portions of the Content or the Site, in any case and without notice or liability to you. By way of example, and not limitation, not all Users of the Site, depending upon the User's geographic location, equipment, availability of certain Video Content, and other factors, will have access to all Fee-Based Video Content.

 

(ii)        Minimum Requirements.

 

In order to access and use the Site and the Content, including, without limitation, Video Content and the Download Manager, you will be required to use Device(s) and other technology meeting certain system, configuration and other requirements, including, without limitation, as set forth in the Minimum System and Configuration Requirements, and you are responsible for ensuring that your Device(s) and other technology meet all such requirements at all times and prior to any purchase or order on or in connection with the Site.

 

(iii)       Usage Rules.

 

The Video Content purchased through the Site may be accompanied by technology and/or rules (e.g., Digital Rights Management technology) that protect digital information from access and limit and restrict your usage of the Video Content in accordance with  certain rules and restrictions established by IsraelfilmcenterSTREAM.org, its content partners and licensors ("Usage Rules"). You agree to comply with such Usage Rules, and shall not violate or attempt to violate any security components thereof. You further acknowledge and agree that the Usage Rules may be controlled and monitored by IsraelfilmcenterSTREAM.org and/or its designees for compliance purposes, and IsraelfilmcenterSTREAM.org reserves the right to enforce the Usage Rules with or without notice to you.

 

(iv)       Objectionable Material; Minors.

 

(a) You understand that by using the Site, you may encounter Content that may be deemed offensive, indecent, or objectionable by some, which Content may or may not be identified as such. Nevertheless, you agree to use the Site at your sole risk and that IsraelfilmcenterSTREAM.org shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. Content types, ratings and descriptions (if any) are only provided for convenience, and you acknowledge and agree that IsraelfilmcenterSTREAM.org does not guarantee their accuracy or the availability of same in connection with all Content.

 

(b) You acknowledge and agree that some of the Content on the Site is inappropriate for and may be offensive to those younger than 18 years of age (collectively, "Minors"), and as such, the Site is made available only for use by persons 18 years of age and older. In cases where you have authorized a Minor to use the Site, you recognize that you are fully responsible for: (x) the online conduct of such Minor; (y) controlling the Minor's access to and use of the Site; and (z) the consequences of any use or misuse by the Minor.

 

C.         Fee-Based Video Content License and Terms.

 

RSOD Content (Rental/Pay Per View Streaming On Demand)


Upon successful payment of the applicable Fee and subject to the terms and conditions set forth herein, IsraelfilmcenterSTREAM.org will grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right and license to view and privately display the RSOD Video Content as transmitted by IsraelfilmcenterSTREAM.org via the Site for your own personal, noncommercial use; provided,however, that the foregoing right and license to the RSOD Content is limited in its term and duration to a period thirty (30) days from the date of purchase or twenty-four (24) hours from the start of the initial display and viewing of the applicable RSOD Content, whichever occurs first, unless otherwise specified on the applicable webpage on the Site for the particular unit of RSOD Content (the "RSOD Term"). You understand and agree that you will not be able to access or view any RSOD Content upon expiration of the RSOD Term, and notice of the expiration of same shall not be provided to you.

 

7.         PRICING, PAYMENT AND MISC. TERMS

 

A.         General

 

You hereby agree to pay in full the prices and fees (including, without limitation, all applicable taxes) for any purchases that are made using your User Account(s) via credit, debit or other payment means acceptable to IsraelfilmcenterSTREAM.org, in its sole discretion, at the time of purchase. If payment is not received by us from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us.

 

B.         Pricing and Terms

 

The Fee-Based Video Content and other Content made available on the Site is offered at different prices set forth on the applicable webpage on the Site for the applicable Content. IsraelfilmcenterSTREAM.org reserves the right to change any and all prices for any Fee-Based Video Content and other Content at any time, for any reason, without notice to you.

 

C.         Payment Method and Terms

 

The Site accepts Visa, MasterCard, American Express, and Discover credit cards, and Visa debit cards as forms of payment, subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card for your transaction and should use another card. If a payment card company is being used for a transaction, IsraelfilmcenterSTREAM.org may obtain a pre-approval from the applicable payment card company for an amount up to the amount of the order. All purchases of Fee-Based Video Content are final once you click the "Submit" button and billing to your payment card occurs at such time or shortly thereafter.

 

D.         Taxes

 

You are responsible for any taxes imposed on any fee-based transactions conducted on or in connection with the Site and applicable taxes will be added to the amount charged for the applicable transaction on the Site. Fee-based transactions on the Site may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, but not limited to, the bill-to address and tax rates in effect at the time your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made on the Site.

 

E.         Electronic Signature and Contracts

 

Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Service, including without limitation and to the full extent allowed by law, notices of cancellation, policies, contracts, and applications.

 

F.         Delivery of Video Content

 

Your exclusive and sole remedy with respect to Video Content for which you have paid but that you are not able to use will be (a) the retransmission of such Video Content, or (b) if such Video Content is unavailable, provision of replacement Video Content, of an equal or lesser value, as determined by us in our sole discretion, in each instance; provided, however, that retransmission or replacement of Video Content will not be provided in the event that you have not complied with the Minimum System and Configuration Requirements and/or the other requirements, terms and conditions described in these Terms of Use.

 

8.         Customer Support. For assistance with billing questions, technical issues or order inquiries, please refer to our online support page (FAQ)

 

9.         Personal Information. We respect your privacy and the use and protection of your personally identifiable information. In the course of your use of the Site, you may be asked to provide certain personalized information to us (such information referred to hereinafter as "Personal Information"). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

 

10.       User Conduct. You are solely responsible for your conduct on the Site. We want to keep the Site safe and fun for everyone and the use of the Site for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Site, you shall not:

 

(a)         intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;

(b)         submit, post, email, display, transmit or otherwise make available on, through or in connection with the Site any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

(c)          submit, post, email, display, transmit or otherwise make available on, through or in connection with the Site any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;

(d)         intentionally or unintentionally engage in or encourage conduct that affects adversely or reflect negatively on IsraelfilmcenterSTREAM.org, the Site, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;

(e)         submit, post, email, display, transmit or otherwise make available on, through or in connection with the Site any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(f)           use the Site for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing or offering goods or services or exploiting information or material obtained on, through or in connection with the Site, whether or not for financial or any other form of compensation or through linking with another website or web page;

(g)         modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Site or the rights or use or enjoyment of the Site by any other User;

(h)         impersonate any person or entity, including, without limitation, a IsraelfilmcenterSTREAM.org official, or falsely state or otherwise represent your affiliation with a person, entity or User Posting (as defined herein), transmit or otherwise make available on, through, or in connection with the Site false or misleading indications of origin, information or statements of fact;

(i)            forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Site, including User Postings (as defined herein);

(j)           solicit passwords or personal identifying information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, "spidering", "screen scraping", "phishing", "database scraping", or any other activity with the purposes of obtaining lists of Users or other information; or

(k)                modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part, or create any derivative works from or of the Software, or encourage, assist or authorize any other person to do so.

 

IsraelfilmcenterSTREAM.org reserves the right to investigate and take appropriate legal action against anyone who, in OtherIsraelOnDemand.com’s sole discretion, violates, or is suspected of violating, this Section 10, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that IsraelfilmcenterSTREAM.org may access, preserve and disclose your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to your requests for customer or technical service; or (v) protect the rights, property or personal safety of IsraelfilmcenterSTREAM.org, its Users or any third parties.

 

11.       User Postings

 

A.         The Site may provide you and other Users with an opportunity to participate in blogs, web communities and other message, comment and communication features and may provide you with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages and other information via the Site (each, a "User Posting", and collectively, "User Postings"). When you submit User Postings you may also be asked to provide information about you and your submission. This may include, without limitation, such things as your User Credentials, a descriptive title, information about the User Posting, your location and/or similar information. By submitting User Postings, you acknowledge and agree that the term "User Posting" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Posting. You further acknowledge and agree that any User Postings made to or by means of any portion of the Site are public that (a) you have no expectation of privacy in any User Posting and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and OtherIsraelOnDemand.com by reason of your transmitting a User Posting to any area of or in connection with the Site.

 

B.         You understand, acknowledge and agree that all User Postings are the sole responsibility of the person from which such User Postings originated. This means that you are solely and entirely responsible for the consequences of all User Postings that you submit, upload, post, email, display, transmit or otherwise make available. User Postings do not reflect the views of IsraelfilmcenterSTREAM.org and you understand that by using the Site, you may be exposed to other people’s User Postings that could be offensive, indecent or objectionable and, as such, OtherIsraelOnDemand.com does not guarantee the accuracy, integrity, quality or content of any User Postings. Under no circumstances shall IsraelfilmcenterSTREAM.org be liable in any way for User Postings, including, without limitation, errors or omissions in any User Postings, or any loss or damage of any kind incurred as a result of any User Postings submitted, uploaded, posted, emailed, displayed, transmitted or otherwise made available.

 

C.         The Site, including, without limitation, all User Posting features and functionality, is for non-commercial purposes only and you may not submit, post, email, display, transmit or otherwise make available, in any manner, any User Posting that we deem to be an Unauthorized Posting (as defined herein).  We have the right, but not the obligation, to review any User Posting and to delete, remove, move, edit or reject, without notice to you, for any reason or for no reason whatsoever, any User Postings, including, without limitation, any Unauthorized Postings; provided, however, that OtherIsraelOnDemand.com shall have no obligation or liability to you or any third party for failure to do so or for doing so in any particular manner. As used herein, the term "Unauthorized Posting" means any User Posting that is or may be construed as violating any of the terms and conditions of these Terms of Use, including, without limitation, Section 5 herein, or is deemed to be unacceptable to IsraelfilmcenterSTREAM.org, as determined in IsraelfilmcenterSTREAM.org’s sole discretion.

 

D.         In connection with all User Postings you submit, post, email, display, transmit or otherwise make available, you grant to IsraelfilmcenterSTREAM.org the unqualified, unrestricted, unconditional, unlimited, worldwide, non-exclusive, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Posting on the Site and any other websites, channels, services, and other distribution platforms, whether currently existing or developed in the future, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to IsraelfilmcenterSTREAM.org, in our sole discretion. For the avoidance of doubt, the rights, licenses and privileges described in these Terms of Use and granted to IsraelfilmcenterSTREAM.org shall commence immediately upon submission of your User Posting and shall continue thereafter perpetually and indefinitely, regardless of whether you use the Site as a registered User or not.

 

IsraelfilmcenterSTREAM.org does not acquire any title or ownership rights in the User Postings that you submit and/or make available. After you submit, post, email, display, transmit or otherwise make available any User Posting, you continue to retain any such rights that you may have in such User Posting, subject to the rights, licenses and privileges granted herein. You also represent, warrant and covenant that (a) you own the User Posting posted by you or otherwise have the right to grant the rights, licenses and privileges described in these Terms of Use and to perform and comply with all of the requirements set forth herein; (b) your submission, uploading, posting, emailing, displaying, transmission and/or making available of User Postings does not violate these Terms of Use, any rights of any other party or entity, any of your obligations, any law, rule or regulation or infringe upon, misappropriate or violate any intellectual property, proprietary, privacy, moral, publicity or other rights of any party or entity; (c) you have the legal right and capability to enter into these Terms of Use and perform and comply with all of its terms and conditions; and (d) you hold and shall continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under these Terms of Use and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of your User Postings.

 

12.       Digital Millennium Copyright Act

 

A.         If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our representative (as set forth below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

 

  • 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 on the 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 us to locate the material;

 

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

 

  • A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Written notification of claimed infringement must be submitted to the following:

 

OtherIsraelOnDemand.com

The JCC in Manhattan

334 Amsterdam Avenue

New York, NY 10023

 

Email Address : info@otherisrael.org

 

B.         If you believe that your content was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to IsraelfilmcenterSTREAM.org for use on the Site, you may send a counter-notice containing the following information to our Copyright Agent:

 

  • Your physical or electronic signature;

 

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

 

  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

 

  • Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by our Copyright Agent, IsraelfilmcenterSTREAM.org may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OtherIsraelOnDemand.com’s sole discretion.

 

13.       Advertisements. From time to time, you may choose to communicate with, interact with, or obtain goods and services of or from third parties such as our advertisers, sponsors, or promotional partners (collectively, the "Advertisers") found on or through the Site or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).

 

14.       Promotions, Contests, and Sweepstakes. From time to time, OtherIsraelOnDemand.com, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions and other activities on, through or in connection with the Site, including, without limitation, contests and sweepstakes (collectively, the "Promotions"). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you and, for purposes of each Promotion, shall be deemed incorporated into and form a part of these Terms of Use.

 

15.       Hyperlinks To Third Party Web Sites. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of OtherIsraelOnDemand.com, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers or operational service providers. We do not verify, endorse, or have any responsibility for any such third party websites, their business practices (including, without limitation, their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's or IsraelfilmcenterSTREAM.org’s logo and/or sponsorship identification is on the third party website as part of a co-branding or promotional arrangement. If any third party website you interact with obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.

 

16.       Assignment. These Terms of Use, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by IsraelfilmcenterSTREAM.org without restriction and without notice to you.

 

17.       Indemnity. You agree to defend, indemnify and hold IsraelfilmcenterSTREAM.org, its successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, suppliers and operational service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Site, (b) your breach or violation these Terms of Use or (c) your User Postings. IsraelfilmcenterSTREAM.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with IsraelfilmcenterSTREAM.org’s defense of such Claim.

 

18.       DISCLAIMER AND LIMITATIONS OF LIABILITY. THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS ARE HEREBY DISCLAIMED.  Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, User Postings and Content associated with your use of the Site.

 
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTHERISRAELONDEMAND.COM, ITS AFFILIATES, PARENT, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

 
You further understand and acknowledge the capacity of the Site, in the aggregate and for each User, is limited. Consequently, some messages and transmissions, including, without limitation, User Postings, may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that OtherIsraelOnDemand.com assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or User Postings or for any failure or delay associated with any User Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or User Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in these Terms of Use may not apply to you.


19.       Governing Law; Access; Miscellaneous. These Terms of Use, together with any Additional Terms, Rules, our Privacy Policy, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contain the entire understanding and agreement between you and IsraelfilmcenterSTREAM.org concerning the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use thereof. These Terms of Use cannot be changed or terminated orally. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this shall not affect any other provisions and these Terms of Use shall be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms of Use; however, no action arising out of these Terms of Use or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).


These Terms of Use and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of New York (notwithstanding the State's conflict of laws provisions) applicable to contracts made, executed and wholly performed in New York, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and agree you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

The Site is controlled and operated by OtherIsraelOnDemand.com from its offices in the State of New York, United States of America. OtherIsraelOnDemand.com makes no representation or warranty that the Content contained on or made available in connection with this Site is legal, appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, rules and regulation, if and to the extent local laws, rules and regulations are applicable. No software from the Site may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

 

These Terms of Use were last modified on the date indicated above and are effective immediately.

 

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