Bags & Pouches
Jewelry
We are Palestinement (“Company”, “we”, ‘us’, “our”). We operate the palestinement.com website, as well as any related products and services referenced in these terms of use (the “Terms of Use”) (collectively, the “Services”). You may contact us at [email protected]
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity (“you”), and Palestinement, regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agree 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 MUST IMMEDIATELY DISCONTINUE USE.
Any additional terms and conditions or documents that may be published on the Services from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last Updated” date on these Terms of Use, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use for updates. You will be subject to changes and deemed to have been informed of and to have accepted changes to any revised legal terms by continuing to use the Services after the date of publication of these revised Terms of Use.
We recommend that you print a copy of these Terms of Use for your records.
The information provided when using 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 to any registration requirements in such jurisdiction or country. Accordingly, 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 around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial or internal use 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 one copy of any portion of the Content to which you have lawful access, solely for your personal, non-commercial or internal use. Except as otherwise provided in this section or elsewhere in our Terms of Use, no part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, downloaded, published, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written consent.
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 address 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 owner or licensee of the Services, Content or Marks and ensure that any copyright or other proprietary notices appear or are visible when publishing, reproducing or displaying our Content.
We reserve all rights not expressly granted in and to the Services, the Content and the Marks. Any infringement of these intellectual property rights will constitute a material breach of our Terms of Use 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 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 the Submission and have the right to use and distribute it without restriction for any legal, commercial or other purpose, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions via any part of the Services, you : confirm that you have read and agree to our “PROHIBITED ACTIVITIES” section and you will not post, send, publish, upload or transmit via the Services any Submissions that are unlawful, harassing, hateful, harmful, defamatory, obscene, intimidating to any person or group, explicitly sexual, false, inaccurate, misleading ; to the extent permitted by applicable law, waive all moral rights in any Submissions; warrant that any Submissions are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the aforementioned rights with respect to 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) the intellectual property rights of any third party or (c) 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 that for which we make the Services available. The Services may not be used in connection with any commercial enterprise, except as specifically approved or authorized by us.
As a user of the Services, you agree not to:
The Services do not offer users the ability to submit or publish content. We may offer you the opportunity to create, submit, publish, display, transmit, perform, publish, distribute or broadcast content and materials on the Services, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, personal information or other materials (collectively, “Contributions”). Contributions may be visible to other users of the Services and on third-party websites. When you create or make available Contributions, you hereby represent and warrant that :
You and the Services agree that we may access, store, process and use any personal information and data you provide, as well as your choices (including settings).
By submitting suggestions or other comments regarding the Services, you agree that we may use and share such comments for any purpose without compensation to you.
We do not claim any ownership rights in your Contributions. You retain full ownership of all your Submissions and all intellectual property or other proprietary rights associated with your Submissions. We are not responsible for any statements or representations in your Submissions made by you in any area of the Services. You are solely responsible for your Contributions to the Services and you expressly agree to hold us harmless and to refrain from taking any legal action against us regarding 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 any files and content which are excessive in size or which are in any way burdensome to our systems; and (5) operate the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Ces Conditions d’Utilisation resteront en vigueur tant que vous utiliserez les Services. SANS LIMITER AUCUNE AUTRE DISPOSITION DE CES CONDITIONS D’UTILISATION, NOUS NOUS RÉSERVONS LE DROIT, À NOTRE SEULE DISCRÉTION ET SANS PRÉAVIS NI RESPONSABILITÉ, DE REFUSER L’ACCÈS ET L’UTILISATION DES SERVICES (Y COMPRIS LE BLOCAGE DE CERTAINES ADRESSES IP), À TOUTE PERSONNE ET POUR TOUTE RAISON OU SANS RAISON, Y COMPRIS, SANS LIMITATION, EN CAS DE VIOLATION DE TOUTE REPRÉSENTATION, GARANTIE OU ENGAGEMENT CONTENU DANS CES CONDITIONS D’UTILISATION OU DE TOUTE LOI OU RÉGLEMENTATION APPLICABLE. NOUS POUVONS METTRE FIN À VOTRE UTILISATION OU PARTICIPATION AUX SERVICES OU SUPPRIMER TOUT CONTENU OU INFORMATION QUE VOUS AVEZ POSTÉ À N’IMPORTE QUEL MOMENT, SANS AVERTISSEMENT, À NOTRE SEULE DISCRÉTION.
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 fictitious or borrowed name, or the name of any third party, even if you are possibly acting on behalf of such third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, seeking civil, criminal and injunctive relief.
We reserve the right to modify, alter or delete the content of the Services at any time or for any reason, at our sole discretion and without notice. However, we have no obligation to update the 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.
We cannot guarantee that the Services will be available at all times. We may encounter hardware, software or other problems, or need to perform maintenance related to the Services, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we shall have no liability for any loss, damage or inconvenience caused by your inability to access or use the Services during periods of discontinuance or interruption of the Services. Nothing in these Terms of Use shall be construed as an obligation on our part to maintain and support the Services, or to provide any corrections, updates or releases thereto.
These Terms of Use shall be governed by the laws of Israel. You and Palestinement irrevocably agree that the courts of Israel shall have exclusive jurisdiction to resolve any dispute that may arise under these Terms of Use.
To expedite the resolution and contain the costs of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by you or us (individually, a ‘Party’ and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those expressly provided below) informally for at least 30 days before commencing arbitration proceedings. 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 International Commercial Arbitration Court of the Chambre d'Arbitrage Européenne (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, by reason of its reference, is considered an integral part of this clause. The number of arbitrators shall be 2. The place, or legal place, of arbitration shall be in France. The language of the proceedings shall be French or English. The law applicable to these Terms of Use shall 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 collectively or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought before any purported representative on behalf of the general public or any other person.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions regarding informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party's intellectual property rights; (b) any Dispute relating 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 shall elect to arbitrate any Dispute arising under that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction listed above, and the Parties agree to submit to the personal jurisdiction of such court.
Information on the Services may contain typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the 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 IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT 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 ASSUME NO RESPONSIBILITY OR LIABILITY 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 UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR DISCONTINUANCE OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY DEFECT, VIRUS, TROJAN HORSE, OR THE LIKE WHICH 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 INCURRED AS A RESULT OF 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 VIA THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, 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 ANY PRODUCT OR SERVICE BY ANY MEANS 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, LOST REVENUES, LOST DATA, OR OTHER DAMAGES ARISING OUT OF 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 ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF SUCH 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 us, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your 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's rights, including, but not limited to, intellectual property rights; or (5) any overt harmful act towards any other user of the Services with whom you have been connected via 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 such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to such indemnification as soon as we become 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 make regular backups of data, you are solely responsible for all data that you transmit or that is related to any activity you undertake while using the Services. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from any loss or corruption of such data.
