1. Introduction
1.1. JFeed Internet Company (hereinafter: "JFeed" or "the Company") warmly welcomes users to its services. The following terms of use apply to the use of the website(s) operated by or on behalf of "JFeed" and/or "JFeed" http://www.JFeed.co.il" (hereinafter: "JFeed" or "the Website" or "the Websites") by any entity that acquires them or merges with them.
1.2. By using the website, including its content and various services offered through it or directed through it, you express your agreement to these terms. Therefore, you are requested to read them carefully. In addition to these general terms of use, you will find content on the websites that is subject to specific online agreements.
1.3. These terms apply to the use of the website and its contents through any computer or other communication device (e.g., mobile phone, handheld computers, etc.). They also apply to the use of the websites, whether through the internet or through any other network or communication means.
1.4. In these terms, the term "content" includes all types and forms of information, including all verbal, visual, promotional, audio, audiovisual, or any combination thereof, as well as their design, processing, editing, distribution, and presentation, including (but not limited to): any image, photograph, illustration, animation, chart, figure, representation, sample, video, audio file, and musical file; any software, computer file, code, application, format, protocol, data repository, interface, and any character, sign, symbol, and icon, including the name of the website and its address.
1.5. "Use" of the website includes any receipt of information from the website in any way, including viewing it, linking to its contents, enabling the transfer of information from the website to different parties, and also applies to the "mere conduit" service – a service that provides access to electronic communication networks (internet service provider).
1.6. Since the terms of use of the website may change from time to time, it is recommended to periodically review the terms of use on the website.
2. Use of the Website
These terms of use for JFeed specify the following rules and guidelines:
2.1. Personal and Private Use: You are allowed to use the content on JFeed's websites for personal and private purposes only. You are not permitted to copy, use, or enable others to use the content from JFeed's websites for any other purpose, whether commercial or non-commercial, that is not for personal and private use.
2.2. No Automated Access: You are prohibited from operating or enabling the operation of any computer application or other means, including programs like Crawlers and Robots, for the purpose of searching, scanning, copying, or automatically retrieving content from JFeed's websites. You are also not allowed to create or use such means to create a collection or database containing content from JFeed's websites.
2.3. No Framing: You are not permitted to display JFeed's website content within frames, whether visible or hidden.
2.4. No Alteration of Content: You are not allowed to display JFeed's website content in any way that alters its design or removes any content, including advertisements and commercial content. If you provide access services, you are not allowed to provide such access if the content from JFeed's websites does not appear as-is and as it appears on JFeed's websites.
2.5. No Deep Linking: You are not allowed to link to content from JFeed's websites that is not the homepage ("deep linking"). You must link to the full page on JFeed's websites without modifying or hiding the URL.
2.6. No Linking to Inappropriate Content: You are not allowed to link to JFeed's websites from any site containing pornographic content, content that promotes racism or offensive language, violent content, or content that is against the law or the ethical guidelines of the site.
2.7. Full Responsibility for Links: You are fully and solely responsible for any links, displays, or publication of JFeed's content that you create, and you must indemnify JFeed for any damage resulting from this.
2.8. Embedding Videos: You are not allowed to embed videos from JFeed's websites on any other site without prior written consent from JFeed. This restriction applies especially to sites containing pornographic content, violent content, content promoting racism, or content against the law or the ethical guidelines of the site. JFeed reserves the right to cancel any embedded content without prior notice. You are solely responsible for any embedding you perform, including obtaining the necessary copyright permissions and complying with any relevant laws.
3. Content Users Submit for Publication on JFeed Sites
3.1. On JFeed sites, content originating from the site's users is published. Such content is published in designated areas, such as communities, discussion groups (forums), chats, comments on articles (talk backs), blogs, and other services that allow you to submit your own content to the sites — either separately, in the area designated for user content only, or alongside content from the JFeed system. Submitting content for publication on talk back sites does not grant you the right to demand that the content be published or continue to be published.
3.2. JFeed encourages freedom of speech and the existence of open discussion on the sites, with the active participation of you and the other site users. However, in order to facilitate a cultural and topical dialogue in line with the site's vision and to prevent misuse of the opportunities you have to express yourself on the sites, JFeed reserves the right to review such content before its publication. Such reviews will be conducted at the sole discretion of the site to try and prevent the publication of hate speech, threats, expressions of vulgarity, and content that is illegal on its face or contravenes the site's vision or for any other reason.
3.3. JFeed bears no responsibility for such content, and the sole responsibility for it and any resulting consequences rests with the user who submitted it for publication. This content does not represent the views or position of JFeed, and its publication is no guarantee of its validity, reliability, accuracy, or legality.
3.4. In any case, JFeed will not be obligated to prevent publication and/or to prevent the continuation of publication on the site and will not have the right to prevent publication in order to be obligated to do so.
3.5. When sending or submitting content for publication on JFeed sites, you bear the full and sole responsibility for any consequence resulting from the publication. You must ensure that such content is legal and aligns with the site's vision. Among other things, and by way of example only, you are prohibited from publishing the following content on JFeed sites:
3.5.1. Any content known to you to be false, misleading, or fraudulent.
3.5.2. Content that infringes or violates others' intellectual property rights – including copyrights and trademarks.
3.5.3. Any pornographic or overtly sexual content.
3.5.4. Content related to minors that identifies them, their personal details, or their whereabouts and ways to contact them.
3.5.5. Any computer software, computer code, or application containing computer viruses, including but not limited to Trojans, Worms, Vandals, Malicious Applications, etc.
3.5.6. Passwords, usernames, and other details enabling the use of computer software, digital files, websites, or services that require registration or payment, without such registration or payment.
3.5.7. Content that defames an individual, violates their privacy, or tarnishes their reputation.
3.5.8. Content that personally identifies others, including other comment writers on the site, without their consent.
3.5.9. Content that is harassing, offensive, slanderous, threatening, or vulgar.
3.5.10. Content that is or promotes racism, or unjust discrimination based on race, ethnicity, skin color, nationality, religion, gender, profession, sexual orientation, illness, physical or mental disability, belief, political view, or socioeconomic status.
3.5.11. Content that encourages the commission of a criminal offense or could form the basis for a lawsuit or civil liability.
3.5.12. Content that may mislead a consumer.
3.5.13. Content of a promotional or commercial nature.
3.5.14. Content that goes against commonly accepted internet usage norms or that may harm or offend general internet users, specifically JFeed users, and especially content contrary to the site's vision.
3.5.15. Content that is password-protected, etc., and is not freely accessible to all internet users.
3.5.16. Content prohibited from publication by any law and/or agreement.
3.6. JFeed reserves the right, at its sole discretion, to refuse to publish or to immediately delete any content you provide for publication if it determines that you have violated these terms of use, or have acted or omitted in a way that harms or may harm the services offered on the JFeed website, its users, or its representatives. Furthermore, in such a case, JFeed has the right to prevent you from publishing additional content on JFeed. The provisions of this section are in addition to JFeed's rights under any applicable law.
3.7. Should JFeed decide to publish the content you provided, it has the authority to edit such content according to its absolute discretion, including but not limited to shortening it.
3.8. The content you provide for publication on JFeed will be accessible to all internet users. Exercise caution and discretion when sharing personal details (such as address or phone number) and in responses or inquiries you may receive following your use of JFeed or the publication of any of your details. Remember: When sharing content and responding to inquiries, you should exercise at least the same level of caution as you would in making contact not facilitated by the internet.
3.9. By providing content for publication on JFeed, you waive any claim, demand, compensation, or counterclaim against JFeed and/or its owners, managers, senders, affiliates, employees, or representatives, for any claim made against you, civilly, administratively, or criminally, due to this content.
3.10. JFeed encourages you to approach content published online with caution and critical thinking, including content published by users on JFeed and all content on JFeed. Treat these contents with caution and care. JFeed is not responsible for the reliability, accuracy, or completeness of the content on the website and is not liable for any outcome resulting from using or relying on them. Always remember that such content is no substitute for consulting with appropriate professionals, such as lawyers, doctors, certified professionals, etc., wherever such consultation is needed.
4. Services Requiring Registration
4.1. On the JFeed websites, you will find services that require registration. You can enjoy, at JFeed's exclusive discretion, any such service and use it after completing the registration process, providing the requested information during the process, and after receiving your consent to the online agreement accompanying the service. In any case, these terms of use will also apply to the use of services that require registration.
4.2. The use of some of the services that require registration may involve payment of subscription fees and/or usage fees, either fixed or one-time. The instructions regarding subscription fees will also be found in the online agreement accompanying the service, which you will be asked to confirm.
4.3. During the registration process for a service, you will be asked to provide personal information such as your first name, last name, city and country of residence, your credit card details (if the service requires payment), and an active email address that you possess. You are obligated to provide accurate, precise, and complete information, and by doing so, you confirm the accuracy of the information you provided. Incorrect details may prevent you from using the service, and, if necessary, may lead to the termination of your relationship with JFeed, without waiving any other rights that JFeed may have, including the suspension of the service. In the event of a change in your details, you must update them online on the website.
4.4. If you intentionally provide incorrect information during the service registration, you waive all claims against JFeed, including any right to a refund of subscription fees in any case.
4.5. The data you provide during service registration will be stored in JFeed's database. Although there is no legal obligation to provide this information, failure to provide it will prevent you from using the registered service.
4.6. Upon registration for a service, you will be asked to choose a username and password that will identify you each time you use the service. JFeed reserves the right, from time to time, to establish additional or alternative means of identification.
4.7. Keep your username and password confidential to prevent unauthorized use. Make sure to change your password frequently, at a high frequency whenever possible, but at least every six months.
4.8. JFeed reserves the absolute right not to allow you to use the registration-required service, based on its sole discretion. Without derogating from the above, JFeed may cancel your registration for the service or block your access to it in any of the following cases:
4.8.1. If you intentionally provided incorrect details during registration.
4.8.2. If you engaged in an action or omission that harms or may harm JFeed or any third parties, including other subscribers, authors, publishers, or suppliers of JFeed.
4.8.3. If you used the service or the services provided on JFeed's websites, including by providing content for publication on the website, in a manner that violates the laws of the State of Israel, or in a manner that appears to be illegal, or to enable, facilitate, assist, or encourage the commission of such an act, and/or contrary to JFeed's policy.
4.8.4. If you violated the terms of this agreement or the terms of any other service within the framework of JFeed's websites.
4.8.5. If you did not use the service for a continuous period exceeding four months.
4.8.6. If you take any action that prevents others from joining the service or continuing to benefit from the service in any way.
4.8.7. If you provided your username and password to a third party.
4.8.8. If your credit card, which is in your possession, is blocked or restricted for use in any way (as long as the service is provided for a fee or is subject to the availability of payment methods).
4.8.9. If you owe money to JFeed or any corporation under its control and have not settled your debt, despite the expiry of the regular payment date.
5. Links on JFeed
5.1. On the JFeed websites, you will find links to various pages on the internet. These links allow you to find content published on the internet. Some of the content is not published by JFeed, and JFeed does not control or supervise it, including advertisements published on the website. The fact that JFeed links to this content does not indicate JFeed's consent to its content or its compliance with the site's policies and legality, and it does not guarantee their reliability, up-to-dateness, legality, or the privacy practices of the content owners or any other aspect of their operation. You may find that this content does not suit your needs, or you may object to its content or believe that it is offensive, inappropriate, illegal, or unethical. JFeed is not responsible for the content to which these links lead, and it is not responsible for any consequences resulting from the use of this content or reliance on it.
5.2. JFeed does not undertake that the links found on JFeed will be valid and will lead you to an active internet site. JFeed is authorized to remove links that have been included in the past or to refrain from adding new links, all at its absolute discretion.
6. Professional Content
6.1. In JFeed, you will find content on various professional topics, including economic matters, information about the stock market, exchange rates of securities traded on the Stock Exchange, stocks traded, financial data about public companies, foreign exchange trading information, and other topics. JFeed also offers legal content, medical content, scientific content, culinary content, musical content, social content, consumer content, tourism content, and technological content. Some of the economic content in the JFeed system comes from various sources, while other content is provided, managed, and operated by content providers.
6.2. Professional advice and treatment depend on the specific facts of each case. The content on JFeed does not substitute for such professional advice and treatment. Although efforts are made to collect and process this content, errors may occur during the collection, processing, and publication process. If you choose to use this professional content, you must verify and confirm it. The publication of this content does not constitute a recommendation or opinion regarding financial transactions and financial management, including the purchase or sale of securities or foreign exchange, legal matters, medical practices, scientific endeavors, social activities, consumer activities, tourism, or technology. Therefore, any decision to use the professional content found on JFeed is solely your responsibility.
7. Commercial Content
7.1. The JFeed websites include commercial content, such as advertisements and notices, provided for publication on behalf of various advertisers or users seeking to offer assets or services for sale. Such content may be presented in text, images, animation, or sound, integrated within the site and/or distinctly and separately therein.
7.2. JFeed bears no responsibility for the commercial content published on its platform. JFeed does not write, check, verify, or edit the content of these advertisements or their veracity and does not guarantee that they align with the site's ethos. The sole responsibility for the commercial content and any outcome resulting from using or relying on them falls upon the advertisers. Publishing commercial content on JFeed does not imply a recommendation or endorsement to purchase the services, assets, or products they offer for sale.
7.3. Any transaction or action resulting from any content, including commercial content published on JFeed, will be directly agreed upon between you and the relevant advertiser. JFeed is not a party to any such transaction and will not bear responsibility for services and goods offered in the commercial content on JFeed or purchased through them.
7.4. Your registration for services requiring registration and/or providing details by you when purchasing a product or service through JFeed or following a referral and/or link from the site, will serve as your consent to be included in the mailing list of recipients of advertisements from various commercial entities including the relevant site, via email, SMS, and the like. Notwithstanding the foregoing, you may notify, following any advertisement sent to you, your refusal to continue receiving advertisements, and until you do, you will continue to receive such advertisements.
8. Intellectual Property
8.1. All copyrights and intellectual property rights in JFeed within the services offered by it, and in any content included therein, belong solely to JFeed, or to a third party that has allowed JFeed to use them. It is prohibited to copy, distribute, publicly display, publicly perform, convey to the public, modify, process, create derivative works from, sell, or rent any part thereof, whether by you or through or in collaboration with a third party, in any way or by any means, whether electronic, mechanical, optical, photographic or recording, or by any other means or manner, without obtaining prior written consent from JFeed or other rights holders, as applicable, and subject to the conditions of such consent (if given). This provision also applies to any adaptation, editing, or translation made by JFeed of content that was provided or delivered by you and/or by others to the websites.
8.2. In any case, even if consent was obtained from JFeed to use the website content, without prejudice to JFeed rights, all contents on JFeed have moral rights of "moral rights", meaning, the use of the website and/or its content, as well as the provision of internet services (ISP), will only be permitted when it is done in its entirety (AS IS), including its advertisements and all its content, and in any case, you must credit JFeed when its content is published directly or through a link, on another website.
8.3. It is clarified and agreed that the website's name and address will be protected and will be the intellectual property of JFeed.
8.4. If consent as aforementioned is given, you should refrain from removing, deleting, or tampering with any notification or sign concerning intellectual property rights, for example, the copyright symbol ©, or the trademark symbol ®, which accompanies content used by you.
8.5. The trade marks and advertisements of advertisers on the website are the sole property of these advertisers. These may not be used without the advertiser's prior written consent.
8.6. JFeed does not claim ownership of content that you submit for publication on the website. However, when you submit content intended for publication on JFeed, by doing so, you confirm that you own all rights to them and are authorized to submit them for publication. If you are not the creator or rights holder of content you submit for publication, you confirm that you have the legal permission from the rights holder to submit the content for publication on JFeed and to grant usage rights as detailed below.
8.7. By submitting content for publication, you grant JFeed a royalty-free, worldwide, and indefinite license to copy, reproduce, distribute, market, convey to the public, process, edit, translate, and use the aforementioned content in any other way, at its discretion, in whole or in parts, with or without credit, in print media, including newspapers, magazines, journals, books, etc., in digital media, including other internet sites, digital archives, and services provided on communication networks, including wired, wireless, cellular, cable, and satellite. You waive any claim, demand, and/or lawsuit against JFeed and/or against its owners, managers, senders, branches, employees, representatives, and any other legal entity that acquires and/or merges with JFeed.
8.8. By submitting content for "exclusive" publication on JFeed, whether in exchange, including for credit, or gratuitously, you transfer the copyrights of the content to JFeed and waive your moral rights in the works, unless otherwise agreed. For this purpose, the parties agree that section 37(c) of the Copyright Law, 5768-2007 shall not apply to them, and instead, this agreement fulfills the written requirement for the transfer of copyrights. An entry in the attribution (credit) field and/or the writer's field on the article page that content provider has waived the attribution right by an appropriate inscription such as "Courtesy of the Photographer", "Without Credit", etc., will serve as definitive and final proof of the correctness of the mentioned fields.
8.9. Notice pursuant to Section 27A of the Copyright Law, 5768-2007:
8.9.1. JFeed announces its intention to utilize orphan works in accordance with Section 27A of the Copyright Law.
8.9.2. Orphan works refer to works distributed on social networks and the internet for which the copyright holder is unknown or not located.
8.9.3. JFeed exerts considerable efforts to identify the rights holders and to provide appropriate credit for the use of the works.
8.9.4. If we have used a work to which you hold rights in accordance with Section 27A of the Act, you are entitled to contact us with a notification for us to cease the use of the work at the email address desk@JFeed.co.il."
9. JFeed's Liability
9.1. The contents on JFeed are provided "AS IS". They may not cater to the specific needs of every individual. You shall have no claim, demand, or complaint against JFeed due to the attributes of the contents, their capabilities, limitations, their adaptation to your needs, or the reactions (if any) they might evoke when published on JFeed.
9.2. Your use of JFeed is entirely at your sole and full responsibility.
9.3. JFeed does not guarantee that the content published on the site will be relevant. JFeed cannot predict which reactions (if any) will arise from publication, nor who will respond to the contents you publish. Therefore, it shall bear no responsibility whatsoever to you (or anyone on your behalf) for such reactions, the identity of those contacting you, or any outcomes resulting from the publication. JFeed will also not be liable for any use by a third party of content published by you.
9.4. Any decision you make regarding content published on JFeed is solely at your full responsibility. JFeed does not guarantee that the content and services on the site, including those from content and service providers and information provided by users, will be complete, accurate, lawful, precise, or meet your expectations and requirements. JFeed bears no liability for any outcome resulting from them, or from reliance on them.
9.5. JFeed does not commit that its services will be uninterrupted, operate in order, or without breaks, be secure, error-free, or immune to unauthorized access to JFeed's computers or from damage, malfunctions, failures, or faults—whether in hardware, software, communication lines, at JFeed or its suppliers.
9.6. JFeed shall not bear civil liability for information uploaded to the site by another party, including advertisers, content marketers, commentators, etc., if all of the following occurred: (1) JFeed neither chose the uploaded information, initiated its transmission, nor altered its content; (2) JFeed did not select the recipients of the uploaded information; (3) JFeed acted to remove the information or block access to it due to its content or distribution being unlawful or violating intellectual property rights, within a reasonable time after receiving a court order or directive from another authorized authority to do so
10. Indemnification
10.1. You hereby commit to indemnify JFeed, its senders, affiliates, employees, administrators, or any of its representatives, for any damage, loss, profit loss, payment, or expense incurred by them - including, but not limited to, attorney's fees and legal expenses - as a result of breaching these terms of use.
10.2. Furthermore, you shall defend JFeed, its senders, affiliates, employees, administrators, or any of its representatives, against any claim, lawsuit, and/or demand raised against them by any third party as a result of content you provided for publication on JFeed and due to links you established to or from the JFeed website.
11. Changes to the Website and Termination of Services
11.1. JFeed may, from time to time, modify the structure, appearance, and design of its websites, the extent and availability of the services therein. It retains the right to charge for certain content or services at its discretion and may change any other aspect related to the websites without prior notice to you. Such modifications will be made, among other things, considering the dynamic nature of the internet and technological or other changes occurring therein. Inherently, such changes may involve malfunctions and/or initially cause discomfort. You shall have no claim, lawsuit, and/or demand against JFeed due to these modifications or malfunctions resulting from their implementation.
11.2. Without derogating from the above, JFeed reserves the right to terminate the provision of these services, in whole or in part, at any time. JFeed will post a notice on the relevant website regarding the termination of the services reasonably in advance. In any case, JFeed may delete any content from the website, including user details, IP addresses, and including the information as defined above, without maintaining any backup thereof and without prior notice, all at its sole discretion. You hereby waive any claim, lawsuit, or demand against JFeed concerning such deletion.
12. Statute of Limitations, Arbitration, and Jurisdiction
12.1. It is hereby agreed in this separate written agreement that the limitation period for any publication, act, or omission by JFeed will be 6 months from the date of the publication, act, or omission. You commit not to bring any claim or demand against JFeed after the aforementioned period and agree that this provision will stand during that period in accordance with the provisions of Section 19 of the Limitation of Actions Law, 5718-1958, and will supersede the provisions of any other law.
12.2. This agreement shall be governed solely by the laws of the State of Israel, but the principles of international conflict of laws as set out in them shall not apply.
12.3. In any event, and without derogating from the arbitration clause below, the local and international jurisdiction to hear any claim or demand related to JFeed shall be exclusively vested in the courts of Israel in the Jerusalem district.
12.4. Any dispute arising between the parties, including any dispute related to the use of JFeed and/or these terms of use, including the specific online agreements related to certain services in JFeed, will be brought before an arbitrator who is a knowledgeable attorney in the field of e-commerce and the internet in Isarel. The arbitrator will be determined by the Chairman of the Israel Bar Association upon request by any of the parties.
12.5. The arbitrator shall be authorized to grant interim and temporary orders. The place of arbitration will be in Jerusalem. The arbitrator will not be bound by the rules of civil procedure but will be bound by the rules of evidence and substantive law. The arbitrator must motivate his decisions. Arbitration awards and interim decisions may be appealed before an arbitrator determined by the Chairman of the Israel Bar Association, who is a knowledgeable attorney in the field of e-commerce and the internet.
12.6. Notwithstanding the above, if a party to this agreement is sued by a third party in any legal proceeding, the defendant may, despite the above, join the other party to this agreement as a party to that litigation, and in such case, this arbitration agreement will not apply.
12.7. The competent court according to the Arbitration Law, 1968, will be the courts located in Jerusalem.
12.8. This section constitutes an arbitration agreement between the parties in every respect.