Access to, and use of, this website is provided by Helen Doron Ltd. subject to the following terms and conditions:
Helen Doron websites (“Websites”) and mobile applications (“Apps”) and related services (together with the Websites, the “Service”) are operated by Helen Doron Ltd. (“Helen Doron,” “HD”, “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood and agree to be bound by these Terms and Conditions including any future modifications.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES.
- By using this site users agree to be legally bound by these Terms and Conditions, which shall take effect immediately on a user’s first access to the Website. Users who do not agree to be legally bound by all of the following Terms and Conditions are asked not to access and/or use this site.
- In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Helen Doron; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Helen Doron, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
- As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials on the Services (“Content”), you hereby grant to Helen Doron a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Helen Doron, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or Helen Doron have any obligation to you or anyone else to maintain the confidentiality of the Content.
- HD may change, update or amend these terms and conditions at any time by posting changes online. Users should review these terms and conditions regularly to ensure they are aware of any changes, updates or amendments made by HD. Continued use of the website after changes, updates and amendments are posted constitutes the user’s agreement to be legally bound by these terms and conditions as changed, updated or amended.
- The contents of this site are subject to HD’s copyright. Users may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the website content in any way except for personal, non-commercial use. Users also agree not to adapt, alter, or create a derivative work from any of the website content except for personal, non-commercial use. All other use of the website content requires prior written permission from HD.
- You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Helen Doron’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Helen Doron or its users to any harm or liability of any kind.
INDEMNIFICATION OF HELEN DORON
- You agree to defend, indemnify and hold harmless Helen Doron and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
LICENSE TO APPS
- Subject to the terms of these Terms and Conditions, Helen Doron grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Helen Doron and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
- The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Helen Doron, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Helen Doron acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Helen Doron acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Helen Doron, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and Helen Doron acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.
- The names, images and logos indentifying HD, Helen Doron Early English, Helen Doron Teen English (HDTE) or any other HD associated product and service or third parties and their associated products and services are subject to copyright, design rights, trademarks and patents of HD and/or appropriate third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right to use any copyright, design right, trademark or patent belonging to HD or any other third party.
THIRD-PARTY LINKS, SITES, AND SERVICES
- The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Helen Doron on the Service are subject to change. In consideration for Helen Doron granting you access to and use of the Service, you agree that Helen Doron and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
- Users agree to use the website only for lawful purposes, in ways that do not restrict, inhibit or infringe the rights of anyone else’s use and enjoyment of the website. Prohibited behaviour includes: harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of information and dialogue within the website.
- The website content, including the information, names, images, pictures, logos and icons regarding or relating to HD and/or HD affiliated companies , products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made, expressed or implied to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the maximum extent permitted by applicable law, HD shall not be liable to site users, or any third party claiming through a site user, for any damages in connection with the site or any materials contained therein. Under no circumstances will HD be liable for any of the following losses or damage (whether such losses where foreseen or foreseeable, known or unknown):
- loss of data;
- loss of revenue or anticipated profits;
- loss of business;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action
- HD does not warrant that functions contained in the website content will be uninterrupted or error free, that defects will be corrected, or that the website and the server that makes it available are free of viruses or bugs.
- Further to paragraph 9, by submitting contributions to the website, users warrant:
- that said contributions are the user’s original work;
- that the submitting user has the right to make said contributions available to HD for all of the purposes specified above;
- that said contributions are not defamatory;
- that said contributions do not infringe any law;
- that HD is indemnified against all legal fees, damages or other expenses that may be incurred by HD as a result of the user’s breach of the above warranty;
- that they waive any moral rights in said contribution for submission to and publication on the website for the purposes specified above
- Users may not submit any defamatory or illegal material of any nature in the website forum. This includes text, graphics and audio or video programmes.
- Contributing material with the intent of committing or promoting an illegal act is strictly prohibited.
- All submitted materials must be the original work of the contributing user. Users may not submit plagiarised materials. Similarly, users may not violate or infringe the rights of third parties including copyright, trademark, trade secret, patent, privacy, publicity, personal or proprietary rights.
- The views expressed in the website’s submission areas are those of members of the public and are not necessarily those of HD.
- In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
NO REPRESENTATIONS OR WARRANTIES BY HELEN DORON
- THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY HELEN DORON ARE PROVIDED TO YOU ON AN “AS IS” BASIS. HELEN DORON AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HELEN DORON DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
- IN NO EVENT WILL HELEN DORON BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF HELEN DORON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HELEN DORON’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT OF 10,000 USD. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
- Helen Doron may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Helen Doron account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Helen Doron’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
GOVERNING LAW AND ARBITRATION
- These Terms and Conditions, its subject matter and Helen Doron’s and your respective rights under these Terms and Conditions, as well as any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of Israel, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for Helen Doron’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
- If you do not want to arbitrate disputes with Helen Doron and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within 30 days of the day you first access or use the Service.
- If you intend to seek arbitration you must first send written notice to Helen Doron’s Administration Office of your intent to arbitrate (“Notice”). The Notice to Helen Doron should be sent by any of the following means: (i) electronic mail to [email protected] or (ii) sending the Notice by Postal Service certified mail to Helen Doron Ltd., Misgav Industrial Park, D.N. Misgav 2017900 Israel. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
- This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
- These Terms and Conditions constitute the entire agreement between Helen Doron and you concerning the subject matter hereof. A waiver by Helen Doron or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Helen Doron may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Helen Doron and you, and Helen Doron’s and your respective successors and permitted assigns.