Terms of Use

Welcome to the website of the Mandel Foundation–Israel (hereafter: "the Site”). The Site is managed and operated by the Mandel Foundation–Israel (Registered Israeli Non-Profit Organization) (hereafter: "the Foundation").

Access to the Site and the use thereof, including the content contained in it and the various services offered in it, will be subject to the Terms of Use described below (hereafter: "Terms of Use" or “Agreement”), which establish the relations between the Foundation and any user or viewer of the Site, who uses the Site and/or information contained on the Site, either directly or indirectly, for any purpose whatsoever (hereafter: the "User" or the “Users”).

 

The use of the Site indicates the User’s consent to these Terms of Use; all Users are therefore asked to read the following Terms of Use carefully. If you do not consent to being bound by these Terms of Use, please do not make use of the Site.

 

The Terms of Use apply to every use made of the Site, either through the Internet or in any other manner. Additionally, the Terms of Use apply to every use made of the Site, on computers or on any other device including mobile phones, tablets, and other devices.

Although masculine language is used occasionally in this document for the sake of convenience, these Terms of Use apply equally to men and women, in accordance with the context.

Any violation of the Terms of Use and/or any violation of any undertaking whatsoever that is included in the Terms of Use and accepted by the User may cause the User’s access to the Site to be blocked. The Foundation may also exercise any right whatsoever that it holds by law against such user.

The section headings in the Terms of Use are provided solely for the convenience of the Users and may not be used in interpreting the Terms of Use or for any other purpose.

The term “Content” shall refer to any information of any type whatsoever, including any verbal, visual, or audio content, or any combination thereof, and any formatting, processing, editing, or distribution thereof, or any manner of presentation thereof, including (but not limited to): any picture, photograph, illustration, animation, diagram, image, simulation, video clip, audio or music file; any program, file, computer code, application, protocol, database or interface, and any label, symbol, sign, or icon.

1.1 Unless expressly indicated otherwise, all rights in the Site, including copyrights, and including the rights to the name of the Site, to the programs and auxiliary programs used to operate the Site, and to the content and information stored on the Site – belong to the Foundation and/or to entities affiliated with the Foundation, whether or not a rights notice is included with respect to specific information, and all this applies unless specifically stated otherwise. 

1.2 The Foundation and/or the entities affiliated with it, whichever is relevant, may make use of the programs and/or the said content or information at their exclusive and complete discretion, in any place or in any manner, free of any restrictions on such use. The Foundation and affiliated entities will not be required to receive any approval whatsoever or make any payment whatsoever before making such use. Included within this right shall be the right to sell, transfer, copy, modify, use, publicly display or publicly perform any such material publicly, or to sub-license the above-mentioned content or any part thereof.

1.3 The User waives any of his rights to any content that the User uploads to the Site, including any copyright (including any moral right), and all rights to such content will belong to the Foundation exclusively.

1.4 The Foundation may – at its sole discretion, at any time whatsoever and without giving any prior notice – adjust and/or suspend and/or terminate and/or modify and/or limit any or all of the Site’s services. This includes permission to access the site, availability, activities and services, various types of content, hours when the Site is in operation, programs and/or equipment needed to access the Site and its services. In any event, the Foundation will not be liable for any damage whatsoever arising from the above, even if such damages were foreseeable or if the Foundation could have foreseen them.

1.5 The Foundation may modify and/or amend and/or remove and/or add to the Terms of Use or any part thereof at any point whatsoever, at its sole discretion, and without being required to provide any advance notice thereof. The Terms of Use that have been modified and/or amended will be announced on the Site and will be binding from the moment of their publication.

1.6 The Foundation may, at its sole discretion, offer any special activity or content, subject to special or different terms that will be brought to the attention of all or some of the Users. It is hereby clarified that participation in said activities and/or exposure to the special content will be deemed to constitute the User’s consent to the special terms, which will be specified as close as possible to the time of the special activity. 

1.7 The Foundation is not responsible for the content uploaded and/or posted on the site by third parties and it cannot prevent the presence of offensive material on the Site.

1.8 Without detracting from the provisions of section 1.7 above, the Foundation may, at any time and at its sole discretion – whether or not it has received a request to do so – remove and/or delete and/or modify any content, information, or link that is uploaded by a User, and/or refuse to post or load it on the Site, and it will not be required to provide any reason that would justify its decision.

1.9 Without detracting from the provisions of sections 1.7 and 1.8 above – if a User finds that any content and/or information and/or link that has been posted on the Site violates that User’s rights, the User will notify the Foundation of the violation by writing to  website@mandel.org.il . The User’s notice must include accurate contact information:  full name, mailing address, email address, and telephone number, in a manner that will identify him and will make it possible to contact him.

 

You may use the Site in accordance with the rules specified below. The content of the Site may not be used in any other manner, unless you have received express written permission in advance from the Foundation. Such use will be subject to the terms of the consent (if consent is granted).

2.1 A User may use the Site for private and personal purposes only. The User may not copy and use, or allow others to  use, content from the website in any other manner, including on other websites and in any type of publications whatsoever, for any purpose, whether commercial or non-commercial, or for any other purpose, other than for private and personal use. 

2.2 In the context of his use of the Site, a User and any other Users acting on his behalf will act in complete compliance with these Terms of Use and/or in compliance with the provisions of any relevant law and/or the Foundation’s instructions, and the User will be responsible for the use made of the Site by any User acting on his behalf.

2.3 The User will be liable for any damage caused to the User and/or to any third party as a result of reliance on content presented on the Site and/or through it, and the User acknowledges awareness that the Foundation will not be liable for any direct and/or indirect, financial and/or other damages that are caused to the Users and/or third parties as a result of the use of the Site and/or any reliance on the content that appears therein. The provisions of this section will apply even if the Foundation and/or anyone acting on its behalf foresaw or could have foreseen the occurrence of such damages. 

2.4 No computer application or any other means whatsoever may be used to search, scan, copy, or automatically retrieve content from the Site, and no user may allow the use of a computer application or other measure for such purposes. The creation or use of any measure whatsoever to create a compilation, collection or database containing content from the Site is included in this prohibition.

2.5 The User may not display any content from the Site in a frame, whether openly or in a hidden means.

2.6 No content from the Site may be presented, including through the use of any program, device, equipment or communications protocol, in any manner whatsoever that changes the design of the Site or omits content from the Site, including the omission of advertisements or commercial content. 

2.7 The User will compensate and/or indemnify – immediately upon receipt of a first request for such – the Foundation and/or any party whose content is included on the Site or any licensee and/or the holder of any other rights in the Site, for any damage caused to such parties due to the violation of the Terms of Use. The Foundation reserves the right to conduct its own defense in any lawsuit and/or other proceeding that is brought against it in connection with a User’s violation of the Terms of Use, and the User undertakes to cooperate with the Foundation in any such legal proceeding. Additionally, in the event of any violation of any of these Terms of Use, the User waives his rights pursuant to the Israeli Privacy Protection Law and/or pursuant to any applicable law, the purpose of which is to protect the User’s privacy, and the User hereby agrees in advance to allow the Foundation to receive any identifying details about him from any Internet provider or from any other party.  

2.8 Without detracting from any other remedy available to the Foundation pursuant to these Terms of Use and/or pursuant to any applicable law, the Foundation is entitled to take any measure necessary in order to prevent the violation of the Terms of Use and/or a repeat violation of the Terms of Use, including by blocking a User and/or disconnecting a User and/or restricting access to the Site and/or any other action that makes it possible to prevent the violation of the Terms of Use and/or  to reduce the damages caused by a violation that was already committed.

2.9 Without detracting from the above or following provisions, and in addition to them, the User undertakes that in making use of the Site, he will not do any of the following:

2.1 The Site contains links to various internet pages, sites, and content. These pages, sites, and content are not published by the Foundation or on its behalf, and the Foundation does not control and/or supervise them. The fact that the Foundation links to them does not indicate that the Foundation agrees with their content and does not constitute a guarantee of their reliability, updatedness, or legality; and/or of the behavior of their owners regarding privacy or regarding any other aspect relating to the operation of such sites. The Foundation is not responsible for maintaining the copyrights or third party rights in the sites to which the Site links. Users may find that they do not agree with the content in the linked sites or that the content of these sites is disturbing, inappropriate, illegal, or immoral. The Foundation is not responsible for the content to which the links on the Site lead, and it is not responsible for any result caused by the use of such content and/or by any reliance on them and will not bear any liability for any damage caused to a User or to any third party as a result of the use of the said links or content and/or due to reliance on them.

2.2 The Foundation does not guarantee that the links in the Site work or that they will lead the User to an active website.

2.3 The Foundation may remove any links that were previously included in the Site and may refrain from adding new links. The Foundation may also add links at any time, all at its absolute discretion.  

3.1 The Site in its entirety, including its design, content, and the names and trademarks appearing therein, are the exclusive property of the Foundation and/or of the third parties that licensed the Foundation to use them, and they are protected by the laws of the State of Israel, by international treaties and by the laws of various foreign countries. 

3.2 All Users undertake to act in accordance with the above-mentioned laws and treaties, and to only make use of the Site and of the content contained therein in a manner that constitutes personal and non-commercial use. 

3.3 Users may not make any changes, copy, duplicate, market, publish, distribute, transmit, display, change or publicly perform, make publicly available, create derivative works from, sell or lease any part of the Site and/or any of the content included therein, or make any use of the names, words, and trademarks (either registered or unregistered) presented on the Site, without the advance consent of the Foundation and/or of the other rights holders, as relevant and subject to the terms of the consent (to the extent such has been given).

3.4 If and to the extent that such consent is given, the User must refrain from removing, deleting or distorting any notice or mark regarding the intellectual property rights that accompany the content that is used by the User. 

The Foundation alone may assign, convey, transfer, or encumber all or part of its rights (and included in this is its right to receive payment from users and/or existing and/or future subscribers) and/or all or part of its obligations pursuant to these Terms of Use, including pursuant to the Privacy Policy, to any third party that it chooses, without being required to obtain any approval or give any notification in advance, provided that the rights of the User or subscriber, as relevant, are not harmed.

5.1 The content on the Site may be used on an “as is” basis. It cannot be adjusted to suit the needs of all Users. No party may make any claim or demand against the Foundation with respect to the content, its abilities, limitations, suitability for the User’s needs, or with respect to the use of or reliance on such content. Without detracting from the generality of the above, it is hereby declared that the Foundation makes no representation with respect to the content or services offered on the Site, including (without limitation) regarding their availability and/or quality.

5.2 The Foundation does not guarantee that content and services from third parties that are published on the Site are complete, correct, legal, or exact, or that they will meet the User’s expectations and demands. The Foundation will not bear any responsibility whatsoever regarding any outcome resulting from said content, or from the use thereof, or from any reliance thereon.

5.3 The Foundation will not be responsible for any delay whatsoever, or any difficulty in using the Site, inaccuracy of information, computer virus, damage caused to the User’s and/or the subscriber’s computer system and/or infrastructure, or for any loss of information, and/or for any other damage arising from the use of the Site, including through downloading information, software usage through the Site’s services and/or any defect in the Site and/or incompatibility between it and the User’s hardware, software, and/or files. The Foundation will also not be liable for any problem or breakdown caused by third parties.

5.4 The Foundation does not guarantee that the Site, including its content, will not be disrupted or that it will be provided at all times without interruption or will be provided safely and without error, and that it will be immune from any unauthorized access to the Foundation’s computers or damage, disruptions, malfunctions or failures of hardware, software or any other communications system of the Foundation and/or of any party acting on its behalf. 

The Site’s management respects the privacy of the Site’s users. Following is the Privacy Policy of the Site:

6.1 During the User's use of the Site, information may be accumulated regarding the User’s practices, the information that the User has read on the Site, the services in which the User was interested, the IP address from which the User accessed the Site, and more. The Site’s management will store this information in its databases.

6.2 The information gathered regarding the use of the Site will be used only in accordance with the Terms of Use or pursuant to the provisions of any relevant law – and only for the purposes listed below:

6.3 The Site’s management will not provide the personal details of any User or any information collected regarding the User’s activity on the Site, to any third parties, if such details and information identify the User personally, except in the following situations:

6.4 The Site uses cookies for the ongoing and proper operation of the Site, including in order to gather statistical information regarding the use of the Site, to verify information, to adjust the Site, and for the purpose of securing information. Cookies are text files that the User’s browser creates as directed by a remote computer. Some cookies expire when the User closes the browser while others remain on the hard drive of the User’s computer. The cookies contain a variety of information such as the pages that the User visited, the length of time that he spent on the Site, information regarding how the User arrived at the Site, details about the sections and information that the User was looking for upon entering the Site, and more. The information in the cookies is encrypted. A User does not wish to receive cookies can change the browser settings in order to prevent their creation. We recommend using the browser's Help file for this purpose. Additionally, the User can delete the cookies on his computer at any time. This is recommended only if the User does not want to have the Site configured to his preferences.  

6.5 The Site includes links to websites that are operated by third parties, and these sites are not subject to in the provisions of this Privacy Policy. Whenever a User visits these other websites, this privacy policy and the Foundation’s privacy rules will no longer apply. The Foundation encourages Users to review the privacy policies of any website before they disclose any information whatsoever that makes it possible for them to be personally identified.

6.6 The Foundation may change the provisions of the above Privacy Policy periodically.

7.1 The laws of the State of Israel and those laws only will apply to these Terms of Use and to any matter arising from them or involved in them, including their interpretation. 

7.2 The competent courts in Jerusalem will have exclusive jurisdiction regarding any matter relating to this Terms of Use Agreement, the Terms of Use themselves and any matter relating either directly or indirectly to the use of the Site.

8.1 The Terms of Use, which, as stated, constitute a binding agreement between the Foundation and the User, represent the entirety of the agreements between the parties and replace any representation and/or undertaking and/or agreement that has been given earlier, either verbally and/or in writing, by any of the parties. No waiver or assumption given by the Foundation, nor any decision by it to refrain from or delay the exercise of its rights pursuant to this Terms of Use Agreement , may be interpreted as a waiver or decision to refrain from action, unless such waiver or decision to refrain from action is given or made in writing.

8.2 The Foundation may modify the structure of the Site from time to time, as well as its appearance and design, or the scope of the services described therein, as the Foundation may decide – including the matter of charging payments for one or the other type of content or services, and it may change any aspect and/or other matter involved in the Site. The Foundation will be free to make all such changes and modifications without being required to give advance notice thereof.

8.3 If it is determined that any part of the Terms of Use whatsoever is not valid, or cannot be enforced, the terms whose validity has been denied or cannot be enforced will be deemed to be replaced by valid terms that can be enforced, the content of which has been adjusted as closely as possible to intention of the original Terms, and the remaining Terms of Use will remain in force as written.

8.4 For your convenience, the Site contains an English version of the Terms of Use. It is hereby clarified that if there is any contradiction between the two versions, the language of the Hebrew version will supersede the language of the English version.

All rights that are not otherwise granted expressly in these Terms of Use to other parties are reserved to the Foundation.

You hereby confirm that you have read and understood these Terms of Use and that you agree to be subject to the Terms of Use stated herein.