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We are Palestine (“Company”, “we”, “us”, “our”). We operate the palestinement.com website and any related products and services subject to these terms of use (the “Terms of Use”) (collectively, the “Services”). You can contact us at [email protected].
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Palestinement, concerning your access and use of the Services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY
Additional terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated by reference herein. We reserve the right, in our sole discretion, to make changes to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to review these Terms of Use periodically to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised legal terms by your continued use of the Services after the date such revised Terms of Use are posted.
We recommend that you print a copy of these Terms of Use for your records.
The information provided in the use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject the Company any registration requirements in such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if any.
Our intellectual property.
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video , text, photographs and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks and logos included therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and throughout the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal purposes only.
Subject to your compliance with these Terms of Use, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and download or print a copy of any portion of the Content to which you have rightful access, solely for your personal, non-commercial or internal use. Except as otherwise provided in this section or elsewhere in our Terms of Service, no part of the Service, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose, without our express prior written permission.
If you wish to do anything other than what is described in this section or elsewhere in our Terms of Use with respect to the Services, Content or Marks, please direct your request to: [email protected]. If we ever grant you permission to publish, reproduce or publicly display any part of our Services or Content, you must identify us as the owners or licensees of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible when our Content is published, reproduced or displayed.
We reserve all rights not expressly granted in and to the Services, Content and Marks. Any violation of these intellectual property rights will constitute a material breach of our Terms of Service and your right to use our Services will terminate immediately.
Please read this section and the “PROHIBITED ACTIVITIES” section carefully before using our Services so that you understand (a) the rights you grant to us and (b) the obligations you have when you post or upload content via the Services.
Submissions: By directly sending us any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we own this Submission, and have the right to unrestricted use and dissemination thereof, for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending Submissions to us through any part of the Services, you: confirm that you have read and agree to our “PROHIBITED ACTIVITIES” section and you will not post, submit, publish, upload or will not transmit via the Services any Submission that is unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating to a person or group, explicitly sexual, false, inaccurate, misleading; to the extent permitted by applicable law, waive all moral rights in any Submission; warrant that any Submissions are original with you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the rights set forth above in your Submissions; warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any losses we may incur as a result of your violation of (a) this section, (b) any third party’s intellectual property rights or (c) of applicable law.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than those for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically approved or authorized by us.
As a user of the Services, you agree not to:
The Services do not provide users with the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials on the Services, including, but not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information or other materials (collectively, “Contributions”). Contributions may be viewable by other users of the Services and on third-party websites. When you create or make available any Contributions, you hereby represent and warrant that:
You and the Services agree that we may access, store, process and use any information and personal data you provide, as well as your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim any ownership rights in your Contributions. You retain full ownership of all of your Contributions and all intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any section of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from all liability and to refrain from any legal action against us relating to your Contributions.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, without notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Services in a manner designed to protect our rights and property and facilitate the proper functioning of the Services.
These Terms of Use will remain in effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO REFUSE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON AND FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from re-registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting under name of this third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify or remove the content of the Services at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services.
These Terms of Use will be governed by the laws of Israel. You and Palestinement irrevocably agree that the courts of Israel will have exclusive jurisdiction to resolve any dispute that may arise under these Terms of Use.
To expedite resolution and contain the costs of any dispute, controversy or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations shall commence upon receipt of written notice from one Party to the other Party.
Any dispute arising out of or in connection with these Terms of Use, including any question concerning its existence, validity or termination, shall be submitted to and finally resolved by the Court of International Commercial Arbitration of the European Arbitration Chamber (Belgium , Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, by reason of its reference, is considered an integral part of this clause. The number of arbitrators will be 2. The place, or legal place, of the arbitration will be in France. The language of the procedure will be French or English. The law applicable to these Terms of Use will be the substantive law of France.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class basis or using class action procedures; and (c) there is no right or authority for any Dispute to be brought purportedly on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of intellectual property of a Party; (b) any Dispute related to allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any request for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction listed below. thereon, and the Parties agree to submit to the personal jurisdiction of this court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information on the Services at any time, without notice.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL USE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITE OR MOBILE APPLICATION LINKED TO THE SERVICES, AND WE WILL ASSUME NO RESPONSIBILITY OR OBLIGATION FOR (1) ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY ACCESS OR USE OF THE SERVICES UNAUTHORIZED FROM OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BREACH, VIRUSES, HORSE TROJAN, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ARE IN ANY WAY RESPONSIBLE FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED( E) IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE , LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN LAWS OF CERTAIN U.S. STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) violation of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of any third party rights, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you have been connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of these complaints. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any loss or corruption of such data.
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