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Arison Foundation
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Terms of Use

Terms of Use - Arison Foundation Website

Use of the Site

Use of the website at https://www.arisonfoundation.com/en, including the content offered on it and any part of it ("the Site"), is subject to these terms of use ("Terms of Use" and/or "this Agreement"). By browsing the Site and/or taking any other action on the Site, you ("you") agree that you have read and accepted the Terms of Use and that they constitute a binding agreement between you and The Ted Arison Family Foundation (Israel) Public Benefit Corporation Ltd. ("the Company"). If you do not agree to any of the Terms of Use, you must immediately cease all use of the Site.

The Terms of Use may change from time to time at the sole discretion of the Company and without prior notice. In the case of material changes, the Company will notify you by posting a notice on the Site.

License

Subject to the Terms of Use, the Company grants you a time-limited, revocable (at the Company’s sole discretion), non-exclusive, non-transferable license, without the right to grant sublicenses, to make personal, non-commercial use of the Site.

Restrictions and Prohibitions

You undertake not to:

  • (a) sell, license (or sublicense), lease, assign, transfer, pledge, or share with any third party any of your rights under the Terms of Use;
  • (b) transfer, distribute, copy, make available or perform publicly, or broadcast the Site or any part of it;
  • (c) link to the Site by means of framing;
  • (d) use the Site or distribute any part of it in jurisdictions where doing so or any part of the Site would constitute a violation of law, or where doing so would subject the Company or any related party to a registration requirement in such jurisdiction or country;
  • (e) make, encourage, promote, instruct, or assist others to make any unlawful, harmful, or offensive use of the Site;
  • (f) access the Site or any part of it in an unauthorized manner, or use the Site through unauthorized methods or means, including without limitation robots, crawlers, spiders, or any other automated means;
  • (g) modify, translate, reverse engineer (except where applicable law expressly prohibits such restriction), attempt to discover the source code of any part of the Site, or create derivative works of it;
  • (h) make any use of the Site that may disclose or distribute the source code of the Site or any part of it, or that may subject the Company to an obligation to disclose or distribute the source code of the Site or any part of it, or any use that may grant a third party the right to modify or create derivative works of the Site or its source code.

Intellectual Property

All intellectual property rights in the Site, including without limitation software, platforms, algorithms, technology, design, information, services, text, files, video clips, images, applications, sound and music, and any other proprietary content, are the property of the Company and/or its licensors, who hold all rights to these materials, including all related intellectual property rights. "Intellectual property rights" means, whether registered or not, anywhere in the world: (a) rights related to written works, design, and photography, including copyrights; (b) trademarks, service marks, logos, trade names, and goodwill; (c) patents, patent applications, and inventions; (d) rights equivalent to those mentioned above and any other proprietary right related to intangible property; (e) divisions, continuations, extensions, renewals, and re-registrations of any of the foregoing rights, whether existing today or filed, registered, and/or obtained in the future.

You agree and acknowledge that the Company has the full right, at any time it wishes and for any reason or no reason at all, to redesign, change the order, structure, specification, features, and any other component or aspect of the Site or any part of it.

Nothing in these Terms of Use, or in anything stated on the Site, constitutes the transfer or grant of any rights regarding intellectual property in any part of the Site, except for the limited license set out in Section 2 above.

Grant Application

If you contact the Company through the Site on behalf of your organization to request a grant, you will be required to download and complete a grant application form from the Site.

Third Party Content

Some of the content and materials available on the Site may be provided by third parties. All content and materials displayed on the Site that are provided by, or originate from, third parties belong to those who created them and do not necessarily represent the views of the Company. The Company does not promote, advertise, or endorse them in any way, nor does it edit, review, filter, or vet them.

To the extent the service contains links to external services and resources, the Company has no control over the availability or content of those services and resources. If you have any question, objection, or issue regarding such a service or content, or any link referring to them, you should refer them to the third party providing them. Such links are made available on the Site solely for your convenience, and the Company is not responsible for those links or content. If you leave the Site by clicking a link and consume, view, or otherwise use content not provided by the Company, you do so at your own risk. The content you access through such links was not developed, edited, or reviewed by the Company, and the Company shall not be liable for any damage or loss caused for any reason in connection with services, information, or any content provided by other websites or services, including without limitation as a result of delays, defects, or omissions that may occur in them. The Company makes no representations, warranties, or recommendations and shall have no responsibility for any content provided by a third party. We recommend that when you are referred via a link to third-party websites, services, or content, you exercise care and read and comply carefully with the terms of use and privacy policies of those websites, services, and content.

Privacy

The Company’s privacy policy is available for your review at: Privacy Policy and forms an integral part of this Agreement.

Limitation of Liability

The Site is made available to you "AS IS" and without any warranty or guarantee of any kind, whether express, implied, or by operation of law (to the extent applicable law permits). To the maximum extent permitted by law, the Company makes no warranties and shall not bear any liability, including without limitation regarding merchantability, non-infringement, and fitness for a particular purpose. The Company does not warrant that the Site will be accessible without interruption or free from defects and faults, or that the Site or the server hosting it is free of viruses or any other harmful components. The Company makes no representations or warranties regarding the use of the Site or the results of such use with respect to accuracy, truthfulness of content, reliability, or otherwise. You are solely responsible for taking all precautions you deem necessary or advisable to protect yourself from claims, damages, losses, or hazards that may arise from or in connection with your use of, or reliance on, the Site or any part of it.

To the maximum extent permitted by law, in no event shall the Company and its related parties, including partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, and suppliers, be liable to you or any other entity under any legal theory, whether in contract, tort, or otherwise, whether for direct, indirect, incidental, or consequential damages, including without limitation lost profits, lost business opportunities, lost income or revenue, out-of-pocket expenses, harm to reputation, loss of data, or special, punitive, or exemplary damages; arising out of or in any way connected with the Site, including your use of, or reliance on, it or any part of it, or any malfunction, inaccuracy, omission, defect, security breach, or any failure to perform by the Company.

Indemnification

You undertake to defend and indemnify the Company and those acting on its behalf, including without limitation all of its owners, managers, officers, related parties, and employees, against any loss, expense, costs, claims, or damages (including reasonable attorneys’ fees, expert fees, and any other reasonable expenses related to legal proceedings) arising out of or in any way related to your use of the Site or any breach by you of the Terms of Use.

Termination

The Company may terminate this Agreement and/or suspend your right to access or use any part of the Site or the Site as a whole for any reason and without prior notice. Upon termination, you must immediately cease all use of the Site. In the event of termination, the terms of the following sections will continue to bind you: 3-4, 6-11.

General

11.1 The terms set forth in the Terms of Use and the Privacy Policy are the sole and complete terms applicable between you and the Company regarding the subject matter of this Agreement.

11.2 The laws of the State of Israel shall apply to these Terms of Use and to anything related to or arising from them. The competent courts in the Tel Aviv District shall have exclusive jurisdiction over any claim relating to these Terms of Use, and no other court shall have concurrent jurisdiction.

11.3 If any provision of the Terms of Use is held to be unenforceable or invalid by a judicial authority, that provision shall be deemed modified only to the extent necessary to make it enforceable and valid. If, in any case, the provision is held to be invalid or unenforceable, it shall be deemed deleted from the Terms of Use and shall not render the remaining provisions of the Terms of Use invalid or unenforceable.

11.4 No conduct, waiver, forbearance, delay, or postponement by any party in exercising any of its rights under this Agreement or applicable law shall be deemed a waiver of any right, or consent to any breach or non-performance of the terms of this Agreement, or constitute a deferral, extension, modification, cancellation, or addition to any term, unless made in writing and explicitly.

11.5 Nothing in this Agreement is intended to confer any rights on anyone who is not a party to it, and this Agreement is not a contract for the benefit of a third party as defined in the Israeli Contracts Law (General Part), 5733-1973.

11.6 The Company may assign this Agreement, in whole or in part, at its sole discretion. You may not assign or transfer this Agreement to a third party without the Company’s prior written consent. Any unauthorized assignment shall be deemed null and void.

11.7 Without derogating from any other right or remedy under any law or under the Terms of Use, the Company reserves the right, at its sole discretion, for any reason and at any time, to limit or block your access to the Site and/or to prevent you from using it or any part of it, including without limitation due to a technical reason or fault, or breach of the Terms of Use.

11.8 Any claim by you in connection with the Site must be filed within one year of the occurrence of the event giving rise to the claim. Otherwise, this shall be deemed a waiver of the claim and any action related to it.

11.9 If you have questions regarding the Terms of Use, please contact us by email: taff@arison.co.il.

Last updated: 22.04.2020.