Introduction: This document is read as mandating terms of use between Gil Lavi ('Provider'), You ('Users') and the general group of users ('Users') on Gillavi.com and Gillavi.co.il ('Websites'). This agreement is a final and obliging agreement whose purpose is to regulate the relationship between Users and Provider and advance Provider's business activities. This agreement, like other agreements, is written in a legal language when the binding text is the text which appears in the numbered clauses and in Hebrew. However, and for convenience purposes only, a summary of rights and obligations is brought herein as defined in the introduction chapter. This summary shall not be used by the court for interpretation of this agreement should he be requested.
The Terms of Services are divided to several chapters.
The General Chapter that includes definitions, substance of services and the Provider's right to amend these Terms or deny service at any time.
The second chapter is the chapter which defines the substance of relations between the User and Users. In this chapter it is clarified that the content on the Website are brought AS IS and without any warrant to their quality and availability, moreover, the Contents may contain third party contents who include separate terms of use and other terms may apply.
The Third Chapter defines the relationship between the Provider and Registered Users ('Registered Users' / 'Registered User') who have additional rights and obligations, and are supplied with additional contents through the Website.
The forth and Final Chapter states general terms regarding Copyright and Jurisdiction. The agreement states your right to view contents using the Website and prohibits you to Deep-Link or use Imagery, it defines Agreed Damages for copyright violations and states that should you breach these Terms of Use, the Provider may address your ISP and/or TSP to request your personal details.
1. General - These Terms of Service apply and will apply on any use of the Websites. Provider states that he is the holder of full copyright in Websites and added content and that he supplies the states Services in these Terms of Service and according to it. Provider may amend these TOS at any time and without prior notice where any substantial amendment, including modification of rates, availability and Users' privacy shall compel a prior notice of Seven days by Provider.
1.1 Availability and Service - Provider obligates that he shall act to the best of his ability to keep Websites available at any time. However, the Provider does not obligate full availability and may discontinue service at his full discretion to a User or Users, where User shall hold no claim for discontinuation of service, including, but not only, crediting funds or indemnification for damages occurred from availability or lacking of availability of service. Provider shall not be held liable to Users for inavailability and leakage of information due to technical failure, malicious hacking, injection of malicious code or any other use not according to these TOS.
1.2. Membership fees - Provider may be allowed to charge, from time to time, payments for use of Websites, updating personal data, modification of personal data or monthly use. However, as for today, the services is granted free-of-charge. Any amendment in fee policy shall require the Provider to inform through email. User shall not have any claim should he not act to cancel Services following amendments in fee policy.
1.2.1 Payment – Contents in Websites might include content which requires additional payment for viewing ('Premium Content'). These contents may be subjected to additional TOS.
1.3 This agreement shall be amended, from time to time, by Provider. This agreement shall only be amended in writing and shall be published in Websites. No waiver for performance or use of any contractual right shall be deemed as amendment or shall be deemed as estoppel
1.4 Revoking use of Websites - Provider shall have the right to revoke use from Users, a group of Users or a User in any case and with his sole discretion. Provider shall revoke the right to use Website in any case of material breach of these Terms of Service and during a continuous breach of these Terms of Service following a notice.
2. Content - Websites may include, amongst other things, Contents ('Content', 'Contents'). Contents are brought AS IS and without any warranty for their quality, grade and availability.
2.1 Intellectual Property Rights - All Information on these Websites are in sole title of Provider; User shall not publish, distribute, translate, amend and/or copy any information, design, sketch, plan, file, image or any other creation appearing in Websites without written consent from Provider. Any breach of this clause shall deem User for agreed damages of 50,000 ILS without proving damage. User shall not assist others to breach Provider's intellectual property rights and shall not save Creations on these Websites but for a temporary session required to visit the Websites. However, the Provider shall have the sole right to deem different sums for different creations that shall be specified in the page displaying the creation.
2.2 Prohibition of Deep-Linking - User shall not Hotlink and/or Frame and/or Websites' Contents and shall not Deep Link to an Image but only to the frame page of an Image. Any breach of this clause shall be deemed as a breach of clause 2.1
2.3 Displaying of Advertisements - Provider shall be entitled, from time to time, to display third party advertisements on websites to promote and market products and/or to display third party sponsored contents which may (or may not) be on User's interest. User acknowledges that a portion of Provider's income is due to these services and shall not claim against displaying advertisements. Users states that he shall not use any software to block advertisements in order not to temper Provider's income. User also states that he shall compensate Provider for loss of profit due to not displaying advertisements. Provider shall not be liable to third-party advertisements' contents and shall not warrant their quality. Provider does not warrant delivery of services and/or products purchased due to third-party advertisements and shall not be liable in any manner to damage caused to User by purchasing products due to their advertising in Websites
2.4 Prohibition of ripping and malicious use - User, or any other User, may not enable or operate automated email ripping systems from Websites' pages and shall not use Websites to collect information on any other person. User shall not inject malicious codes, shall not interrupt Websites with DDoS attacks, shall not try to install viruses or spyware, shall not circumvent Website's operation and shall not overload its traffic.
2.5 Communication -
User obliges to keep his email box available in order to receive notifications and add
info@gillavi.com as a contact in its address book in order to prevent marking notifications as spam. Provider shall not be liable should a message sent to the User through email shall not arrive to its destination, and obliges to keep a copy of all service announcements to Users in a private webpage in Website.
3. Registered Users - Provider shall, at its own discretion, allow Users to access restricted Contents on Website after performing registration. Users shall have the right to approach User-Specific contents. These contents are private contents supplied by Provider and meant for personal use of Registered Users.
3.1 User shall not attempt to circumvent encryption and registration systems on Website for registered users, shall not try to penetrate to Computer-Material and shall not attempt to circumvent various protections on Website.
3.2 A Registered User shall be entitled to inspect and save Work prepared to him by Provider according to additional agreement; amongst other things, a Registered User shall not use Contents provided by these Websites until full payment for Provider's work. A Registered User shall not use Works passed to him by Website until receiving written permission from Provider.
3.3 A Registered User shall not convey or disclose its User Account and Password to others, shall not allow others to use this Account and shall bear full liability to any use made by this account and any damage cause to Provider according to breaching this agreement.
3.4 Provider shall not bear any liability to Registered Users due to disclosure of contents by malfunction, technical malfunction, illegal entry, software malfunction or any other failure according to which Contents were disclosed or Published. Provider shall not bear any liability to illegal penetration to Registered User's account and shall not bear any liability due to injection of malicious code which allowed this penetration. Provider shall not bear liability for damages caused due to Websites' inavailability and in no case shall bear damages caused by using Webistes.
4. General, Jurisdiction, Agreed Damages
4.1 Provider shall not be held liable to any damage caused to User's computer, operating system, end-user access systems or any other product owned, held or used. User shall be solely liable to any damage occurred due to using the Websites, including damage to third-parties' property used. Websites shall not be liable to any damage, direct or indirect, caused to due usage of Contents including malicious codes, spyware, viruses and trojan horses which may appear in User Generated Contents on Website and any other Content in Websites which may be injected, in several cases, by unlicensed Users who act in breach of this agreement and not according to the Law.
4.2 Provider shall be entitled to use technological means to retain unidentifying data regarding User conduct in Websites in order to mine data statistically. User is aware that this data may, amongst other things, be crossed with other Websites' statistics with Statistic services and may use Provider to determine conduct.
4.3 User is aware that his IP address may be used in Website for administration purposes and may be given to third parties when Provider shall be compelled by law to do so
4.4 Whole Agreement – This agreement specifies Parties' obligations and shall be amended in writing only. No waiver or failure to perform a right under this agreement by the provider shall be deemed as an amendment of this agreement. No waiver to perform any action due to breach of this agreement, as minor as it may be, by the Provider, shall be constructed as amendment and shall not be deemed as consent for repetition of this conduct. Provider may, from time to time, alert users regarding such conduct and withhold service, or not to do so.
4.5 According to clause 2.1 to this agreement, User, including Registered User, shall pay Provider 50,000 ILS for any breach of Provider's intellectual property rights. In this agreement, a breach shall mean ONE (1) use of ONE (1) work. Copying several works shall be deemed as multiple infringements and User shall pay 50,000 ILS for every Infringed work. Notwithstanding clause 4.6, Provider shall be entitled to perform this obligation with the Israeli Execution Bureau or by Legal-Fast-Track. This obligation is a written obligation, whose sum is not more than 50,000 ILS.
4.6 Any dispute arising from this agreement shall be brought to an agreed arbitrator in the Tel-Aviv district. Should parties fail to agree on an arbitrator, the head of the Israeli Bar Association shall appoint an Arbitrator whose competent in Information law and Intellectual Property Law which is not at conflict of interest with Parties and does not supply ongoing legal services for parties. Arbitrator shall be subjected to material law and law of evidence but not legal procedure, Arbitrator shall maintain arbitration on a daily basis if possible and shall specify his ruling with an opinion. This clause is a compelling and mandating arbitration clause.
4.7 This agreement shall be subjected to the Laws of Israel, including its conflict of laws and contract laws. Parties shall execute their duties and obligations in good faith.
4.8 WITNESSETH
עברית