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WEBSITE TERMS OF USE (SERVICE AGREEMENT)
 

1.    ACCEPTANCE OF TERMS

The services that Maroon Sibany of Nazareth (hereinafter: Sibany)provides to User is subject to the following Terms of Use ("TOU"). Sibanyreserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.
 
 

A.    This Agreement, which incorporates by reference other provisions applicable to use of Nazareth360.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Nazareth360.com, sets forth the terms and conditions that apply to use of Nazareth360.com by User. By using Nazareth360.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Nazareth360.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
 

B.    Sibanyshall have the right at any time to change or discontinue any aspect or feature of Nazareth360.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2.    CHANGED TERMS

Sibany shall have the right at any time to change or modify the terms and conditions applicable to User's use of Nazareth360.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use (where fees and/or charges are applicable). Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Nazareth360.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Nazareth360.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
 

3.    DESCRIPTION OF SERVICES

Through its Web property, Sibany provides User with access to a variety of resources and information, including, but not limited to,information, events, websites, descriptions, updates, weathercast, currencies rates, communication facilities, communication resources, and product information (collectively "Services"). The Services, including any updates, enhancements, new information, new features, and/or the addition of any new Web properties, are subject to the TOU.
 
 

4.    EQUIPMENT

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Nazareth360.com and all charges related thereto.
 
 

5.    USER CONDUCT

A.    User shall use Nazareth360.com for lawful purposes only. User shall not post or transmit through Nazareth360.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense or other illegal act of any sort, give rise to civil liability or otherwise violate any law, or which, without Sibany’sexpress prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Sibany’s discretion restricts or inhibits any other User from using or enjoying Nazareth360.com will not be permitted. User shall not use Nazareth360.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Nazareth360.com, unless Sibany’s explicit and written authorization and/or consent.
 

B.    Nazareth360.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Nazareth360.com are copyrighted as a collective work under the Israeli copyright laws. Sibanyowns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Sibany and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
 

C.    User shall not upload, post or otherwise make available on Nazareth360.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Nazareth360.com, User automatically grants, or warrants that the owner of such material has expressly granted Nazareth360.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Sibanythe right to edit, copy, publish and distribute any material made available on Nazareth360.com by User.
 

D.    The foregoing provisions of Section 5 are for the benefit of Sinay, his partners, companies and his third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on his, her and/or its own behalf.
 

6.    USE OF SERVICES

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, updates, information, descriptions, casts, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
 
 

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

 

Sibany has no obligation to monitor the Communication Services. However, Sibany reserves the right to review materials posted to the Communication Services and to remove any materials in his sole discretion. Sibanyreserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Sibany reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sibany’ssole discretion.
 

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
 

Always use caution when giving out any personally identifiable information in any Communication Services. Sibany does not control or endorse the content, messages or information found in any Communication Services and, therefore, Sibany specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Sibany’s spokespersons, and their views do not necessarily reflect those of Sibany.
 

7.    MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing Sibany with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Sibany immediately of any unauthorized use of User’s account or any other breach of security. Sibanywill not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Sibany or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
 
 

7A. WEBSITE PRIVACY POLICY

Sibany and/or Nazareth360.com endeavor to protect the information you share with us. To protect your privacy, Sibany and/or Nazareth360.com follow certain principles in accordance with worldwide practices for customer privacy and data protection.

 

  • We won’t sell or give away your name, mail address, phone number, email address or any other information to anyone, unless explicitly provided in this agreement.
  • We’ll use security measures to protect your information from unauthorized users.
  • We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create an account on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes: (a) To make the site easier for you to use by not having to enter information more than once; (b) To help you quickly find software, services or information; (c) To help us create content most relevant to you; (d) To alert you to product upgrades, special offers, updated information and other new services from Sibany.

 

If you choose not to register or provide personal information, you can still use most of Nazareth360.com. But you will not be able to access areas that require registration.
 

Sibany and Nazareth360.com may allow third parties to offer registered customers information about their products and/or services, using postal mail only. If you prefer not to receive these offers, please notify us via email or via 'contact us' area that you do not wish to receive marketing materials from third parties.
 

Parents or guardians: we want to help you guard your children's privacy. We encourage you to talk to your children about safe and responsible use of their Personal Information while using the Internet.
 

Sibany and/or Nazareth360.com do not publish content that is targeted to children. Parents and guardians should monitor their children use of the site. Sibany and Nazareth360.com takes no responsibility of any use of the site by unmonitored children.
 

When you register an account with the site, you provide us with your contact information, including your name and email address. We use this information to send you announcements, updates, information, images, photos, questionnaires and other materials with regard to our services.
 
 

8.    NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from the Services ("Software") is the copyrighted work of its owners and/or Sibany and/or his suppliers and/or his licensers (all as indicated therewith). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
 

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SIBANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 

FOR YOUR CONVENIENCE, SIBANY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SIBANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
 
 

9.    NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE

Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational, non-commercial and personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
 

SIBANY AND/OR HIS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY AND/OR ACTUALITY AND/OR SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS (WHICH ALSO INCLUDE PHOTOS AND IMAGES) PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SIBANY AND/OR HIS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SIBANY AND/OR HIS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
 

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE INACCURACIES AND/OR ERRORS AND/OR OUTDATED INFO.AND NO RELIANCE (AND/OR EXPECTATIONS) WHATSOEVER SHOULD BE MADE ON ACCOUNT OF THESE DOCUMENTS AND RELATED GRAPHICS.
 
 

10.    NOTICES REGARDING SOFTWARE, DOCUMENTS, INFORMATION, IMAGES, DISCRIPTIONS, UPDATES AND SERVICES AVAILABLE ON THIS SITE

IN NO EVENT SHALL SIBANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, INFO, IMAGES, UPDATES, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.


11.    MATERIALS PROVIDED TO SIBANY OR POSTED AT ANY OF ITS WEBSITES

Sibanydoes not claim ownership of the materials User provide to Sibany(including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Sibany, his partners and/or companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all SibanyServices), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Sibanyis under no obligation to post or use any Submission User may provide and Sibany may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
 

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
 


12.    DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A.    USER EXPRESSLY AGREES THAT USE OF NAZARETH360.COM IS AT USER'S SOLE RISK. NEITHER SIBANY, HIS PARTNERS, HIS COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT NAZARETH360.COM WILL BE RELIABLE OR UPDATED OR ACCURATE OR UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NAZARETH360, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, IMAGES OR MERCHANDISE PROVIDED THROUGH NAZARETH360.
 

B.    NAZARETH360.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
 

C.    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OUTDATED MATERIALS, DEFECTS, UNRELIABLE MATERIALS, OUTDATED INFO, OUTDATED IMAGES, OMISSIONS, INACCURACIES, MISTAKES, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER ALSO SPECIFICALLY ACKNOWLEDGES THAT SIBANY IS NOTLIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY AND/OR DAMAGE FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH USER.
 

D.    IN NO EVENT WILL SIBANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NAZARETH360.COM OR SIBANY, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NAZARETH360.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
 

E.    IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SIBANY, NOR HIS PARTNERS NOR HIS COMPANIES NOR LICENSERS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OUTDATED MATERIALS, OUDATED IMAGES, WRONG INFO, MISTAKES, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN NAZARETH360.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
 

F.    WITHOUT ANY PREJUDICE TO THE FORMENTIONED, FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
 

G.    Sibany and/or Nazareth360.com assume no responsibility for the accuracy and completeness of information and/or materials contained.Sibany makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Sibany’s. Neither Sibany, nor his officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Sibany's website. Sibany reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
 

H.    ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SIBANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL SIBANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
 

13.    LINKS TO THIRD PARTY SITES

THIRD PARTY LINKS WILL LET YOU LEAVE NAZARETH360.COM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SIBANY AND NAZARETH360.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SIBANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SIBANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SIBANY OR NAZARETH360.COM OF THE SITE.
 

Sibanyis a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Sibanyhas no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, information, updates, images, photos, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Nazareth360.com, are those of the respective author(s) or distributor(s) and not of Sibany. Neither Sibanynor any third-party provider of information guarantees the accuracy, completeness, accuracy, actuality, reliability or usefulness of any content, nor its merchantability or fitness for any particular purpose.
 

In many instances, the content available through Nazareth360.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Sibany. Sibany neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Nazareth360.com by anyone other than authorized Sibany’s employee and/or spokespersons while acting in their official capacities. Under no circumstances will Sibany be liable for any loss or damage caused by a User's reliance on information obtained through Nazareth360.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Nazareth360.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.


14.    UNSOLICITED IDEA SUBMISSION POLICY

SIBANY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SIBANY'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SIBANY AND/OR NAZARETH360.COM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SIBANY OR ANYONE AT NAZARETH360.COM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SIBANY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.


15.    MONITORING

Sibanyshall have the right, but not the obligation, to monitor the content of Nazareth360.com, including any info, images, photos, updates, descriptions, services, communications, utterances, chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Sibany and/or Nazareth360.Com and to satisfy any law, regulation or authorized government request. Sibanyshall have the right in his sole discretion to edit, refuse to post or remove any material submitted to or posted on Nazareth360.com. Without limiting the foregoing, Sibany shall have the right to remove any material that Sibany, in his sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
 

16.    INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Sibany, his partners, his companies and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Nazareth360.com, or in relation to such use, by User or User's Account.
 

17.    TERMINATION

Either Sibanyor User may terminate this Agreement at any time. Without limiting the foregoing, Sibany shall have the right to immediately terminate User's Account in the event of any conduct by User which Sibany, in his sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.


18.    MISCELLANEOUS

This Agreement and any operating rules for Nazareth360.Com established bySibany constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Israel, both in regard of adequate forum and applicable law (in case of conflict of laws rules). No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
 

19.    COPYRIGHT NOTICE

Nazareth360.com, its logos and trademarks are copyrighted materials of Sibany unless stated otherwise. All rights reserved. All other logos and/or trademarks appearing on Nazareth360.com are the property of their respective owners.

Any rights not expressly granted herein are reserved.
 

20.    GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of Israel exclusive of its choice of law principles. The respective Nazareth (Nazareth Illit) courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.