Terms and Conditions

This document comprises the Terms of Use Agreement, hereinafter referred to as the "Agreement", and constitutes a legally binding Agreement between you, ("You") the visitor or member of our Site, hereinafter referred to as the "Site", and ISRAELBIRTHDAY.COM, which is owned and operated by Friends of Israel.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, or become a member of IsraelBirthday.com, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership.

General Rules

Site members and visitors may not:

• Violate the law of any jurisdiction while visiting our site, or using any tool or service that we provided.
• Harass or Cyberstalk any user.
• Conduct any activity that is harmful or detrimental to our site as solely determined by us.
• Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
• Upload any material that is harmful to our user's computers or objectionable to our community as a whole.
• Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
• Falsely represent your professional or business credentials or professional background.

You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years of age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.

All contests, sweepstakes, give-aways or prizes offered by our Site are done so pursuant to a separate set of rules of eligibility published on this Site. Friends of Israel has the sole right to determine how much proceeds go to participating charities: we may deduct reasonable operational costs and other fees and costs. Friends of Israel is not a not-for-profit corporation.

We may post rules, guidelines or policies of a general or specific nature. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

Rules that cannot be violated by users or members include the following:

• Spamming. Any activity generally described as "spamming" by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member.
• Racist, intolerant, "hate," defamatory, "stalking," invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper, will result in membership termination without prior notice.

Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated.

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

Disclaimer of Warranty

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Site. The Site and all content contained, distributed, sold or published via the Site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

Intellectual Property Provisions

All content provided within or via this Site is protected by various Israeli, United States, European Union and other national and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be "framed" or "mirrored". All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account

You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.

Automatic Viewing or Usage of this Site

You may not use any automated scripts or "robots" to access, copy, or manipulate any content provided on this Site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. "Submissions" may be thought of as "letters to the editor" or "suggestions/ideas" type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.

Content Issues

We are not responsible for any content provided to you by our site members. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

Jurisdiction/Arbitration

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Delaware, or any location closer to or within Delaware, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.

Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States.

General Information

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be "willful" in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

Contacting Us

Please contact us by email:
info@israelbirthday.com

Or by surface mail:
Friends of Israel
108 West 13th Street
Wilmington, Delaware 19801
USA

PRIVACY POLICY

Friends of Israel is committed to your privacy. This Privacy Policy details how we use your personal identifying information. This Privacy Policy may be modified at any time without notice to you. Please review this document each time you visit us or use any of our tools or services.

It is our policy, except as noted below, not to sale, trade, lease, give away or otherwise release your personal information, which includes your name, physical address (business or home), home or business telephone number and your e-mail address.

Exceptions to our Privacy Policy

Possible exceptions to our policy include the following circumstances, and as indicated herein:

• If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action.
• If our attorney requests such information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter.

Cookies

Please note that we employ the use of cookies. Currently we employ cookies when users create user accounts, but we may further employ cookies to assist the functionality of other tools, services and functions in the future.

Cookies are small programs that enhance your use of the Internet, in general, and specifically we use cookies to enhance your usage of our functions.

The information gathered is not shared with third parties. You may turn off your cookies by adjusting the appropriate setting on your browser.

Please consult the HELP menu of your browser to learn how to turn your cookies off. Cookies do not reveal personal information and if you turn off your cookies you may find your enjoyment of the Internet, and our site, to be reduced or impaired.

In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes.

Cookies may provide Recording Session information, show us visitor preferences regarding return visits to our website, help us to mange subscription or private areas on our website, record user specific tracking or aggregate tracking information of visitors and deliver user customized content based on user specific information, such as browser type, screen type and resolution and so forth. None of the information gathered is shared with third parties.

Other possible uses for the information that we collect includes internal tracking, review, or is used for contacting purposes and then is archived by us for future usage. We also use the information we collect to provide custom content for our user base.

General Information

It is our policy not to send unsolicited emails or allow third parties to contact you via the email address that you provide to us. We may, from time to time, contact you to discuss business relevant to your membership and, naturally, we will contact you to respond to inquiries that you may send to us.

Your email address may be published on our site. We are not responsible for any unwanted email that is sent to you by any third party or entity who has collected your email address from our site.

You can access our Website home page and browse our site without disclosing your personal data. Membership signups require the disclosure of certain personal information, which we do not share except as disclosed herein.

We do not collect information about our visitors from third party sources, such as public records or entities, or private organizations.

We do not knowingly collect personal data or information from minors.

We have implemented security policies, rules and technical measure to protect the personal data that we have under our control. These policies, rules and technical measures help to protect your data from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, note that no policy, rule or technical measure can offer 100% protection against unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.

All our employees and data processors, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our visitor's and members' personal data.

Further Data Collection

We may collect aggregate (general tracking) information about pages that users visit on our site. We also may collect user specific information about pages that users visit on our site. Any information that you give us when you complete a contact form or inquiry form, survey and so forth is collected by us.

Should you engage in a business transaction with us, such as purchasing a tool, product or service, or make a donation, we will collect the information necessary to complete that transaction.

You may be required to complete online registration forms that provide us with contact information (such as your name and street address), your email address, and your phone numbers.

We may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant.

Please contact us if you should have any questions, comments or concerns about this privacy policy.