Terms & Conditions
Effective Date: July 31st, 2020
Site Covered: Tzedek Box
THE AGREEMENT: The use of this mobile application (hereinafter referred to as "App") and/or website and services on this App and/or website provided by the developers, a group of rabbinical students from New York, Cincinnati, Los Angeles and Boston, supported by a diverse range of students, educators, non-profit professionals, lay leaders and clergy from multiple denominations and countries (hereinafter referred to as the "Developer" or “Developers”) are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website and/or application (hereinafter collectively referred to as "App") and any services provided by or on this App ("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Developer, Us, We: The Developer, as the creator, operator, and publisher of the App, makes the App, and certain Services on it, available to users. Developer, Us, We, Our, Ours and other first-person pronouns will refer to the Developer and/or the Developers.
b) You, the User, the Client: You, as the user of the App, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Developer and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the App, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the App immediately. The Developer only agrees to provide use of this App and Services to You if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Developer may provide You with certain information as a result of Your use of the App or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Developer, and other materials which may assist in Your use of the App or Services ("Developer Materials"). Subject to this Agreement, the Developer grants You a non-exclusive, limited, non-transferable and revocable license to use the Developer Materials solely in connection with Your use of the App and Services. The Developer Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the App or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the App and all Services provided by the Developer are the property of the Developer, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Developer IP"). You agree that the Developer owns all right, title and interest in and to the Developer IP and that You will not use the Developer IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Developer IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Developer.
a) In order to make the App and Services available to You, You hereby grant the Developer a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the App ("Your Content"). The Developer claims no further proprietary rights in Your Content. The Developer does not intend to disclose, and will take reasonable steps to protect, your identity and the confidentiality of Your Content. However, Developer will not be liable in any way for any disclosure of your identity or of Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact Us and let Us know.
5) USER OBLIGATIONS
As a user of the App or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the App and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of the Developer.
a) You further agree not to use the App or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Developer or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the App or Services;
b) Violate the security of the App or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
8) DATA LOSS
The Developer does not accept responsibility for the security of Your account or content. You agree that Your use of the App or Services is at Your own risk.
9) INDEMNIFICATION
You agree to defend and indemnify the Developer and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the App or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Developer shall be able to select its own legal counsel and may participate in its own defense, if the Developer wishes.
10) SPAM POLICY
You are strictly prohibited from using the App or any of the Developer's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
11) THIRD-PARTY LINKS & CONTENT
The Developer may occasionally post links to third party websites or other information or services. You agree that the Developer is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our App.
12) MODIFICATION & VARIATION
The Developer may, from time to time and at any time without notice to You, modify this Agreement or the App. You agree that the Developer has the right to modify the App or modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the App after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
13) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of the App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App.
14) SERVICE INTERRUPTIONS
The Developer may need to interrupt Your access to the App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the App may be affected by unanticipated or unscheduled downtime, for any reason, but that the Developer shall have no liability for any damage or loss caused as a result of such downtime.
15) TERM, TERMINATION & SUSPENSION
The Developer may terminate this Agreement with You at any time for any reason, with or without cause. The Developer specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Developer or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
16) NO WARRANTIES
You agree that Your use of the App and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Developer hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Developer makes no warranties that the App or Services will meet Your needs or that the App or Services will be uninterrupted, error-free, or secure. The Developer also makes no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the App or Services is Your sole responsibility and that the Developer is not liable for any such damage or loss.
17) LIMITATION ON LIABILITY
The Developer is not liable for any damages that may occur to You as a result of Your use of the App or Services, to the fullest extent permitted by law.
18) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the App or Services, You agree that the laws of the State of New York shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Developer, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: New York, New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: New York. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: New York. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Developer will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Developer, the rights and liabilities of the Developer will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) FORCE MAJEURE: The Developer is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: contact@tzedekbox.org.
/