Terms of Use

TERMS OF USE Welcome to YAVNET (“Service”), which is provided by the Jewish Publication Society (“JPS”). The following Terms of Use (“Terms”) govern your access to and use of the Service. By using the Service, you agree to be bound by these Terms. Therefore, you should review these Terms carefully before using the Service.  

1. General JPS reserves the right to change the Terms or modify any features of the Service at any time and at its sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link at the bottom of the Service pages. Registering for or continuing use of the Service constitutes your acceptance to any changes to the Terms.
2. Privacy Your use of the Service will be governed by our Privacy Policy [www.yavnet.org]. By using the Service, you indicate that you understand and consent to the information collection, use, and disclosure practices described in the Privacy Policy.
3. Third-Party Content and Links to Third-Party Websites The Service may contain third-party owned content and links to other websites (“Linked Sites”). JPS does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of JPS, and JPS is not responsible for the content or privacy practices of the Linked Sites.
4. Applicable Laws You are required to comply with all applicable laws in connection with your access to and use of the Service and such further limitations as may be set forth in any written or online notice from JPS. As a condition of your access to and use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by the Terms. Use of the Service is for your personal and non-commercial use, and JPS does not grant you any express or implied rights to access or use the Service for any other purpose.
5. Registration and Security You agree to provide accurate, current and complete information about yourself as requested or directed on the Service and to promptly update this information to maintain its accuracy. JPS has the right to suspend or terminate your account and to refuse any and all current or future use of the Service if it suspects that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Service, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify JPS if you become aware of any unauthorized use of your password or username or any other breach of security.
6. Copyrights This Service (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) is protected under the copyright laws of the United States and other countries. All copyright rights in the Service are owned by JPS or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Service, or unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content. To obtain written consent to use a copyrighted work, please contact jwaldman@jewishpub.org.
7. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of JPS products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to JPS or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of JPS, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of JPS, please contact jwaldman@jewishpub.org.
8. User Content and Communications The Service allows you to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form (collectively, “User Submissions”). By submitting any User Submissions, you consent to the following rules. (a) You understand and agree that you are fully responsible for the content that you post. You may not post User Submissions that violate any law, or may otherwise be objectionable or inappropriate. In particular, you may not submit, add, transmit, post, or provide content to, on, or through the Service that: (i) infringes on the copyright, trademark, patent or other intellectual property right of any third party; (ii) is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit; (iii) violates a third party’s right to privacy or publicity; (iv) degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification; (v) contains epithets or other language or material intended to intimidate or to incite violence; (vi) violates any applicable local, state, national, or international law; (vii) JPS believes in good faith is otherwise objectionable or inappropriate. (b) You understand and agree that your submission of content is lawful. You may only post content that you own, or that you otherwise have the right to post. In addition, you must obtain all necessary permission from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate. (c) You understand and agree that JPS is not responsible for any User Submissions. JPS may monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason. (d) You understand and agree that User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post. (e) You understand and agree that you use and/or rely on any information contained in User Submissions at your own risk. JPS is not in any manner endorsing the content that users post and cannot, and will not, vouch for its reliability. (f) You understand and agree that you grant JPS a license with respect to any User Submissions that you post, upload, add, communicate, store, or otherwise transmit on, to, or through the Service. That license is royalty-free, irrevocable, perpetual, non-exclusive, and fully sublicensable, and it allows JPS to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed. JPS may use User Submissions as part of the demonstration of what the Service is and how it works. You agree to the use of User Submissions for promotional and fundraising purposes. (g) You understand and agree that if you would like any User Submissions removed from the site, you can file a formal request at anytime by contacting jwaldman@jewishpub.org. In appropriate circumstances and at its discretion, JPS may terminate the account of or disable access to users who fail to follow these rules.
9. Notice of Infringement JPS respects the intellectual property rights of others, and requests that users do the same. If you believe in good faith that your work has been reproduced or is accessible on the Service in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide JPS’s Designated Agent with the following information in writing: (a) Identification of the copyrighted work or other intellectual property claimed to have been infringed; (b) Identification of the allegedly infringing material, reference, or link that is to be removed and information reasonably sufficient to permit JPS to locate the material, reference, or link; (c) Your name, address and daytime telephone number, and an e-mail address if available, so that JPS may contact you if necessary; (d) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; (f) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. JPS’s Designated Agent is JT Waldman, who can be reached as follows: JT Waldman c/o Jewish Publication Society 2100 Arch Street 2nd Floor Philadelphia, PA 19103 Tel. (215) 832-0621 Fax. (215) 568-2017 Electronic Mail: jwaldman@jewishpub.org Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed. Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), JPS will expeditiously remove or disable access to the allegedly infringing content. JPS will terminate the service privileges of users who repeatedly infringe the copyrights or other intellectual property rights of others. United States law provides significant penalties for falsely submitting a notice of copyright infringement.
10. Prohibited Conduct By using the Service, you agree not to: (a) delete or revise any material or other information of any other user, JPS, its affiliates, or any third party; (b) harvest or otherwise collect information about others, including e-mail addresses, without their consent; (c) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure; (d) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine and search agents available on the Service and other than generally available third-party web browsers; (f) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service; (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service. You further agree not to violate or attempt to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” the Service; (d) sending unsolicited e-mail, including promotions or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability. JPS and its affiliates may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
11. Disclaimer of Warranties THE SERVICE IS PROVIDED “AS IS.” JPS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. JPS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JPS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY JPS, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY JPS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. JPS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (B) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (D) THAT THE CONTENT ON THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND JPS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
12. Limitation of Liability IN NO EVENT WILL JPS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SERVICE, YOU RELEASE JPS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JPS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Indemnification YOU AGREE TO INDEMNIFY AND HOLD HARMLESS JPS, AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE TERMS.
14. Termination JPS may terminate this agreement for any reason at any time. JPS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
15. No Waiver The failure of JPS to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
16. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and JPS as a result of these Terms or your access to and use of the Service. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Terms constitute the entire agreement between you and JPS and govern your use of the Service. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Copyright 2008 The Jewish Publication Society. All rights reserved. Last amended on [11/05/07].