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Terms of Use

Published: 02.20.05, 12:38 / Israel Homepage

Ynetnews Terms of Use

 

Dear reader, the following terms of use apply to websites that are managed and operated by Yedioth Internet, a registered partnership, of 127 Yigal Alon St., Tel Aviv (hereinafter: “Yedioth Internet”), including Ynet and Ynetnews (these sites shall be hereinafter referred to, for convenience, as: “Ynet websites” or “Websites”).

 

The use of Ynet websites, their content and the various services operating thereon confirms that you accept these Terms of Use, so please read them carefully. Ynet websites also include content, the use of which is subject, in addition to these Terms of Use, to specific online agreements.

 

Ynet websites ' Terms of Use apply to the use of Ynet websites and their content via any computer or other communication device (e.g. cellular telephones, all kinds of Personal Digital Assistants etc.). They also apply to the use of the websites, whether via the Internet or any communication network, or other means of communication.

 

Hereinafter, the terms “Content” or “Contents” include any kind of information, including any verbal, visual, audio, audio-visual or

any combination thereof, as well as the designing, processing, editing, distributing and displaying thereof, including (but not only): any picture, photograph, illustration, animation, drawing, image, imaging, sample, clip, sound and music files; any software, file, computer code, application, format, protocol, data base and interface and any note, sign, symbol or icon.

 

The Use of Ynet websites

You are entitled to use the Content of Ynet websites according to the rules set forth herein. The Content of Ynet websites may not be used otherwise, without the prior, explicit and written permission of Yedioth Internet and will be subject to the conditions of such consent, if granted:

 

• The content of Ynet websites is meant for personal use only. You may not copy and use, or permit others to use, in any other way, the content on Ynet websites; including on other websites, electronic publications, printed publications etc., for any purpose, whether commercial or non-commercial, which is not for personal and private use.

 

• You may not run or permit the running of any computer application or any other tool, including crawlers, robots and similar software, in order to search, scan, copy or automatically retrieve content on Ynet websites. You may not create or use such tools in order to create any compilation, collection or data base containing content from Ynet websites.

 

• You may not display any content from Ynet websites in any visible or invisible frame.

 

• You may not display any contents from Ynet websites in any way – including by the use of any software, device, apparatus or communication protocol – which change their design or remove any Contents there from, in particular advertisements and commercial contents.

 

• You may not link Ynet websites from any website containing pornographic contents, contents which incite racism or discrimination or which are illegal or the publication of which is illegal or incites an illegal activity.

 

• Ynet websites contents which are not posted as the websites' homepage (deep link) may not be linked, posted or published in any other way, unless said deep link links to a Ynet websites page As Is and allows its view in an identical way to Ynet websites. As such Ynet websites' content may not be linked independently from their location on the Website (e.g., you may not create a direct link to a photo or to a graphic file in Ynet websites, but only to the full page in which they are displayed).

Furthermore, the exact URL address of the Ynet websites Internet pages must appear in it usual place, designed for this purpose within the user interface, e.g.: in the status bar of the user’s browser. You may not change, distort or hide this address nor replace it with any other address.

 

• Yedioth Internet is entitled to instruct you to cancel any such deep link, at it sole discretion. In this case, you shall immediately cancel the deep link and shall make no claim, demand or take any action against Ynet websites in this regard.

 

• The present provisions do not derogate from any other provision herein and in the online agreements related to the services on the websites.

 

• Yedioth Internet shall have no liability for any damage caused as a result of any link to Ynet websites' content and any display or publication of such Contents in any other way. You bear complete and sole responsibility for any link to or display and publication of the content which you created, and undertake to indemnify Yedioth Internet for any damage caused as a result thereof.

 

Information Posted by Ynet websites' Users

 

Content originating from Websites' users is published on Ynet websites. Such content is published in zones designated there for, such as discussion groups (forums), chats, talk-backs, blogs and other services which enable you to post your own content on the Website – whether separately, in a zone exclusively designated for user content or together with Yedioth Internet Content. Posting contents for publication on Ynet websites does not grant you any right to demand that such contents be published or continue to be published.

 

Yedioth Internet encourages freedom of speech and the conduct of productive dialogue on the Websites, with your and other users’ active participation. However, in order to enable a civil and responsible discussion and to prevent abuse of your possibilities for expressing yourself on the Websites, Yedioth Internet may review such contents prior to publication. Such reviews shall only be carried out in order to attempt to prevent the publication of hate speech, threats, vulgarity and contents which are prima facie illegal, with no need to use professional legal discretion.

 

Yedioth Internet shall bear no responsibility for such contents and the exclusive responsibility there for and for any consequence resulting there from shall be borne by the user who posted such contents. Such contents do not express the opinion or position of Yedioth Internet and its publication provides no guarantee as to its validity, authenticity, accuracy or legality.

 

When submitting information and content for posting on Ynet websites, you bear full and sole liability for any consequence deriving from the posting. You must ensure that such contents are lawful. Among other things and for the purpose of illustration only, publication of the following on Ynet websites is forbidden:

 

• Any information you know to be false, misleading or fraudulent;

• Any information infringing or violating proprietary rights of other parties – including copyrights or trademarks;

 

• Any information of a pornographic or crude sexual nature;

 

• Any information concerning minors that identifies them, their personal details or their address and ways to contact them;

 

• Any computer software, computer code or application containing a computer virus, including hostile programs known as Trojan horses, worms, vandals, malicious applications, etc.;

 

• Passwords, user names and other details enabling the use of computer software, digital files, Internet sites or services that require registration or payment, without such payment or registration;

 

• Any content constituting defamation of a person or violating his or her privacy or reputation;

 

• Any content which personally identifies other people, who did not give their consent to the publication of their identity;

 

• Any content of a harassing, insulting, hostile, intimidating or crude nature;

 

• Any content which exhibits or incites racism or discrimination based on ethnic or national origin, color, culture, religion, sex, occupation, sexual orientation, disease, physical or mental disability, belief, political view or socio-economic class;

 

• Any content encouraging the perpetration of a criminal offense or which could serve as a basis for a civil action or liability.

 

• Any content which might mislead a consumer;

 

• Any content of an advertising or commercial nature;

 

• Any content which contravenes accepted Internet code of practice or may cause damage or harm to Internet users in general and Ynetnews users in particular;

 

• Any content to which access is blocked by a password, etc. and which is not freely accessible to all Internet users.

 

Yedioth Internet may refuse to publish or immediately delete any content you posted, whenever it finds that you have violated these Terms of Use or that you committed an act or an omission which harm or may harm the services provided on Ynet websites, its users, Yedioth Internet or anyone on its behalf. Moreover, Yedioth Internet shall be entitled in such a case to prevent you from posting further content on Ynet websites. The provisions of this paragraph supplement the rights of Yedioth Internet according to any law.

 

If Yedioth Internet decides to publish any content that you posted on Ynet websites – it may edit any such content, at its sole discretion, including by abridging the same.

 

The contents which you submit for posting on Ynet websites will be exposed to all Internet users. Please exercise caution and common sense when submitting personal details (such as address or telephone number) and concerning responses and communications you may receive following the use of Ynet websites or the posting of any of your details. Remember: When submitting information and receiving responses, you should demonstrate, at the very least, the same degree of caution as when making contact by any means other than the Internet.

 

Yedioth Internet recommends that you treat the contents published on the Internet, including the contents posted by Ynet websites' users, cautiously and critically. Please treat such contents with precaution and prudence. Such contents are not posted on behalf of Yedioth Internet and it therefore bears no responsibility for the authenticity, reliability, accuracy or completeness thereof and shall have no liability for any consequence resulting from the use thereof or reliance thereupon. Please keep in mind at all times that such contents are no substitute for consulting with the proper professionals, such as lawyers, physicians, certified professionals etc., where necessary.

 

Services Requiring Registration

 

You will find services on Ynet websites that require registration. You may enjoy any such service and use it after completing the registration process, providing the details required in the course of the registration and giving your consent to the online agreement pertaining to the service.

 

The use of some of the services that require registration is subject to payment of subscription fees. The instructions that apply to the payment of the subscription fees are also found in the online agreement pertaining to the service, which you shall be requested to confirm.

 

In the course of the registration for the service you will be asked to provide personal details such as: first name, surname, place of residence, your credit card details and your current e-mail address. You must provide only true, accurate and complete details and you hereby confirm that the details you provided are correct. Incorrect details may prevent you from using the service and being contacting when the need arises. You must inform the Customer Service Department of Ynet websites of any updates or changes to your contact details.

 

The data that you provide in the course of the registration will be stored in a database owned by Yedioth Internet. You are not required by law to provide this information, but if you do not provide it, you will not be able to use such services. Yedioth Internet shall only use your details in accordance with Ynet websites' Privacy Policy, which is located at: http://www.Ynetnews.co.il/privacy and constitutes an integral part of these Terms of Use.

 

In the course of registration for a service you will be requested to choose a user name and password which will identify you when you access the service. Yedioth Internet may determine and require, from time to time, additional or alternative methods of identification.

 

Keep your user name and password confidential in order to avoid any misuse. Remember to change your password as frequently as possible, at least once every six months.

 

Yedioth Internet may prevent you from using any service which requires registration, at its sole discretion. Without derogating from the aforesaid, Yedioth Internet may cancel your registration or block you from accessing any service, in any of the following cases:

 

• If you intentionally provided incorrect details while registering for a service;

 

• If you committed any act or omission, which harm or may harm Yedioth Internet or any third party, including other subscribers, and writers or suppliers of Yedioth Internet;

 

• If you used the services or the additional services provided on Ynet websites to commit or to attempt to commit any illegal act according to the laws of the State of Israel, or an act which appears, on its face, to be illegal as aforesaid, or to enable, facilitate, assist or encourage the commission of such an act;

 

• If you violated these Terms of Use or the terms of use of any other Ynet websites service;

 

• If you made no use of the service for longer than four consecutive months, even after receiving e-mail notification thereof;

 

• If you perform any action which will prevent others from subscribing to a service or from continuing to enjoy the service in any way;

 

• If you transferred the user name and password which were allocated to you in the course of registration, for use by any third party;

 

• If your credit card was blocked or the use thereof was limited in any way (insofar as usage of the service is subject to a subscription fee);

 

• If you have any monetary debt to Yedioth Internet or to any corporation under its control and have failed to pay such debt, despite the lapse of the due date for payment thereof.

 

Links on Ynetnews

 

Ynet websites provide links to various pages on the Internet. Such links may direct you to various contents on the Internet. Most of the contents are not published by Yedioth Internet or on its behalf and Yedioth Internet does not control or supervise such contents. The fact that Ynet websites contain links to such contents does not indicate that Yedioth Internet consents to such contents and does not provide any guarantee of their authenticity, correctness and lawfulness and the practices of the owners of such contents on privacy matters and in any other aspect related to their operation. You may find that such contents do not correspond to your needs or that you object to their content or consider them to be aggravating, annoying, improper, illegal or immoral. Yedioth Internet is not responsible for the contents to which the links lead and is not responsible for any consequence resulting from your use thereof or reliance thereon.

 

Yedioth Internet does not warrant that the links in Ynet websites will function properly and lead you to an active website. Yedioth Internet may remove links from Ynet websites or refrain from adding new links, at its sole discretion.

 

A third party manages and operates the Ynet websites online website index. The index reflects the personal discretion of its editors. The grade appearing next to every link to a website is the average grade given by random users who chose to grade it. No recommendation or description of the websites in the index should therefore be considered objective as to the level or quality of such websites. The order in which websites are listed in the index search results page is not indicative of their nature or importance and Yedioth Internet has no control over the order of their appearance. The editors of the index, who determine the order of appearance of the websites, may do so also on the basis of commercial considerations (but websites so promoted will be identified appropriately). The contents and nature of websites often change. Therefore, the description of the websites in the index may be incomplete, inaccurate or not up-to-date.

 

Economic Contents

 

Ynet websites provide economic contents, including information pertaining to the stock market, quotes of securities traded on the Tel Aviv Stock Exchange and of Israeli shares traded abroad, accumulated data about public companies, information about foreign currency trade and other data. Some economic Content originates from Yedioth Internet and some is provided, managed and operated by content providers.

 

Although efforts are made to coordinate and process such Contents, errors may occur in the process of reception, processing and posting thereof. If you wish to make use of such Contents you must check and verify the same. The posting thereof constitutes no recommendation or opinion about transactions and financial conduct, including the purchase or sale of securities or foreign currency. Therefore, you bear sole responsibility for any decision you make regarding the use of any economic Contents you find on Ynet websites.

 

Privacy Policy

 

Yedioth Internet respects your privacy on Ynet websites. The current privacy policy of Ynet websites is located at http://www.Ynetnews.co.il/privacy and constitutes an inseparable part of these Terms of Use. Given that the privacy policy may change from time to time, Yedioth Internet recommends that you read it periodically..

 

Commercial Contents

 

Ynet websites include commercial contents, such as advertisements, that are posted on behalf of various advertisers or users, who seek to offer goods or services for sale. Such Contents may be expressed by texts, images or sounds.

 

Yedioth Internet shall bear no responsibility for commercial Contents posted on Ynet websites. Yedioth Internet does not write, check, verify or edit the content or the correctness of such advertisements. The advertisers bear sole responsibility for any commercial Content and for any consequence resulting from the use of such Contents or from reliance upon them. The posting of commercial contents on Ynet websites does not constitute a recommendation or an encouragement to purchase the services, the goods or the services offered for sale.

 

Any transaction made further to commercial contents posted on Ynet websites shall be negotiated directly between yourself and the relevant advertiser. Yedioth Internet shall not be a party to any such transaction and it shall bear no responsibility for the goods and services offered in or purchased based on the commercial contents on Ynet websites

 

Your subscription to services which demand registration/or the submission of personal information upon the purchase of a product or service through Ynet websites or their sub-websites (ynetshops, winwin, big deal, ynettours, etc.) will constitute your authorization to be included on the mailing list of various commercial bodies, including the relevant website via email, sms, etc. Despite this, upon receiving any advertisement, you may announce you refusal to continue receiving such ads. Until you do so, you will continue to receive the said ads.

 

Intellectual Property

 

Any copyrights and intellectual property in Ynet websites, in the services offered thereon and in any Content contained therein (except for contents posted by you and by other users of the Websites) are the exclusive property of Yedioth Internet and/or Yedioth Ahronot or a third party who authorized Yedioth Internet to make use thereof. You may not copy, distribute, display in public, perform in public, make available, change, arrange, create derivative works, sell or lease any of the aforesaid, whether by yourself or through or jointly with any third party, by any means or device, whether electronic, mechanical or optic, photographic or recording, or in any other way, without the prior written consent of Yedioth Internet or the other right-holders, as the case may be and subject to the conditions of such consent (to the extent given). This provision shall also apply to any arrangement, editing or translation made by Yedioth Internet in relation to any content that you entered in or posted on the websites.

 

If and to the extent that such consent shall have been given, you shall not remove, delete or distort any intellectual property sign, e.g. the copyright sign © or the trademark sign ®, affixed to the contents you will use.

 

Trademarks and advertisements of advertisers on the Website are the exclusive property of these advertisers. You may not make any use of any such trademarks and advertisements without the prior written consent of the relevant advertiser.

 

Yedioth Internet does not claim title to contents you post on Ynet websites. However, by posting contents on Ynet websites you represent that you hold all the rights in the contents and that you are entitled to post them. If you are not the author or the right-holder of the contents you post, then you represent that you are duly authorized by the right-holder to post the contents on Ynet websites and to grant rights of use as specified below.

 

By posting contents you grant Yedioth Internet a free, worldwide and perpetual license to copy, duplicate, distribute, market, make available, arrange, edit, translate and otherwise use such contents, at its discretion, on Ynet websites, in printed material, including newspapers, magazines, periodicals, books etc., on digital media, including further websites, in digital archives and in services provided on telecommunication networks, including wired, wireless, cellular, cable and satellite communications.

 

Yedioth Internet’s Responsibility

 

The Contents in Ynet websites are offered for use “As Is”. They cannot be customized to fulfill the needs of each and every user .You shall have no claim, suit or demand against Yedioth Internet due to the features of the Contents, their capabilities, limitations, compliance with your needs or responses resulting (if any) from the publication of Contents on Ynet websites.

 

Use of Ynet websites is, therefore, performed at your full and sole responsibility.

 

Yedioth Internet does not guarantee that you will receive responses to contents which you post on Ynet websites. Yedioth Internet has no way of knowing what responses (if any) you will receive subsequent to your posting or who may respond to the contents you post. Therefore, Yedioth Internet bears no responsibility whatsoever to you (or anyone on your behalf) for such responses, for the identity of the persons addressing you or for any result deriving from the posting. Furthermore, Yedioth Internet is not responsible for any use made by any third party of contents that you post.

 

You bear full and sole responsibility for any decision you may take in relation to Contents posted on Ynet websites. Yedioth Internet does not guarantee that contents and services of third parties, including content and service providers, as well as users, posted on Ynet websites, are complete, correct, lawful or accurate or that they comply with your expectations and requirements. Therefore, Yedioth Internet has no liability whatsoever for any consequence resulting from the above or from the use of or reliance upon them.

 

Correct professional advice depends on the exact circumstances of each and every case. The Contents on Ynet websites are not a substitute for such advice. This is true especially and in particular for Contents posted in communities and discussion groups (forums), including contents posted by the administrators of the communities and discussion groups. Such Contents are not a substitute for professional counsel, when needed (e.g. a response posted by a medical specialist to a question raised in the framework of a discussion group is not a substitute for seeking medical counsel or care, as the case may be). Such Contents may sometimes reflect a certain approach or personal opinion of the writer. Therefore, they should be treated with the necessary caution. If you decide to rely on Contents posted on Ynet websites or to act upon them, you bear full and sole responsibility for your actions and for the resultant consequences.

 

Yedioth Internet does not undertake that Ynet websites services shall operate without disruption or interruption or be provided regularly, function safely and without error, or be immune to unauthorized access to Yedioth Internet’s computers or to damage, malfunctions, failures and defects – in hardware, software, communication lines and systems, at Yedioth Internet or at any of its providers.

 

Indemnification

 

You undertake to indemnify Yedioth Internet, its employees, managers or anyone on its behalf, for any damage, loss, loss of profits, payment or expense they will incur – including legal fees and trial costs – due to the violation of these Terms of Use. Furthermore, you will indemnify Yedioth Internet, its employees and managers or anyone on its behalf, for any claim, suit and/or demand made against them by any third party as a result of contents you posted on Ynet websites and of links you created to Ynet websites.

 

Changes in the Website and Termination of Services

 

Yedioth Internet may, from time to time, change the structure, display and design of the Websites and the scope and availability of the services offered, charge payment for such contents and services at its discretion and change any other aspect related to the Websites – all without any need for prior notification. Such alterations shall be performed, among others things, while taking into account the dynamic nature of the Internet and the technical and other changes which may occur from time to time. By their very nature, such changes may entail malfunctions and/or may initially cause inconvenience, etc. You will have no claim, suit and/or demand against Yedioth Internet as a result of the execution of such changes and/or of malfunctions deriving from their execution.

 

Without derogating from the aforesaid, Yedioth Internet may terminate all or part of these services from time to time. Yedioth Internet shall give reasonable advance notice on the relevant website regarding termination of the services. Upon termination of the services, Yedioth Internet shall store the material contained on Ynet websites for an additional reasonable period of time and shall then be permitted to delete it without saving any back-up thereof and with no further notice.

 

Arbitration and Jurisdiction

This agreement shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law principles.

 

Any dispute which may arise between the parties, including disputes concerning usage of Ynet websites and/or concerning these Terms of Use, as well as the specific online agreements relating to certain services on Ynet websites, shall be brought before an arbitrator who is an attorney proficient in the field of electronic commerce and Internet, and whose identity shall be determined by the President of the Israel Bar at the request of any of the parties.

The arbitrator shall be entitled to grant provisional remedies and interim orders. The arbitration shall take place in the city of Tel Aviv. The arbitrator shall not be bound by the rules of civil procedure but shall be bound by the law of evidence and substantive law. The arbitrator shall give reasons for his decision.

Notwithstanding the aforesaid, should any of the parties to this agreement be sued by a third party, in any legal proceeding whatsoever, the defendant, notwithstanding the aforesaid, may implied the other party to this agreement in such judicial process, and in such event this arbitration agreement shall not apply.

The competent court for purposes of the Arbitration Law, 5728-1968, shall be the courts located in the city of Tel Aviv.

 

This section constitutes an arbitration agreement between the parties for all intents and purposes.

Subject to and without derogating from the aforesaid, in any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, exclusive jurisdiction shall lie with the competent court in the Tel Aviv District and the Central District in Israel.

 

Contact Us

 

Yedioth Internet strictly obeys the provisions of the law and respects the right of users of the Website and others to privacy and to a good reputation. If you think that any Content posted on the Website injures you for any reason, please contact us according to the following details and we will make efforts to handle your claim as soon as possible.

Customer Service Department

Yedioth Internet

127 Yigal Alon St.

Tel Aviv

 

You may also contact us by fax: 972-3-6932466 or by e-mail: service@y-i.co.il.

 

 

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