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Legal

MAKOR: THE CENTER FOR SPIRITUAL JUDAISM

Website Terms of Service

Last updated: November 15, 2018

Thanks for visiting www.MakorCenter.org, operated by The Makor Center for Spiritual Judaism (“MAKOR,” “we” or “us”).  These terms of service (“Terms”) apply to “you” –all visitors, users and others who access or use this “Website” and/or our products, programs, and content (“Content”). By using the Website, you are agreeing to these Terms. If you do not wish to agree to these Terms, you must cease use of the Website and our Content. Please review the following Terms carefully.

PRIVACY POLICY

Your use of the Website is subject to MAKOR’s Privacy Policy. Please review our Privacy Policy for information regarding the data we collect and how it is used. Our Privacy Policy may change from time to time and without notice.  MAKOR reserves the right to use your personal information in any manner consistent with our Privacy Policy. Use of the Website and/or Content signifies that you agree to subject your personal information to our Privacy Policy.

PAYMENT TERMS / RECURRING DONATIONS

  • When making a purchase or donation on the Website, you agree to pay MAKOR the full listed price or donation pledge at the time of purchase or donation.Payments will be processed by third-party payment processors such as PayPal and will be processed on the day you make the payment. You authorize MAKOR and its third-party agent to charge your card in full or at the designated regular intervals, if donating on a recurring basis.
  • Please provide accurate billing and credit card information. Failure to do so may delay or prevent your access to Content, cause termination of your account, and/or affect your refund possibilities. If your billing address or credit card information for recurring donations changes due to lost, stolen, or expired credit card, please timely update your information with us by either contacting the processing agent or info@MakorCenter.org. You authorize us to charge that card in the same manner as the expired card.
  • You are responsible for any foreign transaction fees or related charges. All payments must be in US Dollars.

EMAIL UNSUBSCRIBES | REFUND POLICY

You may unsubscribe from any MAKOR email communications at any time by clicking on the link at the bottom of each email. All refunds are discretionary as determined by MAKOR.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

All of the content including, but not limited to, the organization, graphics, videos, design, compilation, magnetic translation, digital conversion, software, services, computer coding and other matters related to the Website and/or Content, are the sole property of MAKOR, except where specifically indicated.  As such, the Content is protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Content, without our (or the applicable third-party’s) prior written permission specific for each such use.

Content (including the products themselves) is protected by copyright law and international treaties as an original work, a compilation and/or a collective work.  Any reproduction, modification, creation of derivative works from or the distribution of the Content or copying or in any way reproducing the Content is prohibited without the express written consent of MAKOR.  Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell, create derivative works of, or exploit for any commercial purpose the Content and/or the Website or any aspect or portion thereof.

COPYRIGHT CLAIMS

MAKOR respects the intellectual property rights of others and takes any violation of those rights very seriously.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MAKOR’s copyright agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MAKOR to locate the material.
  • Information reasonably sufficient to permit MAKOR to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or under applicable laws.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

MAKOR’s agent for notice of claims of copyright and other intellectual property right infringement can be reached as follows:

By U.S. Mail:

Copyright Claims Agent
The Makor Center for Spiritual Judaism
109 East 39th Street
New York, New York 10016
By Email:  info@makorCenter.org

RULES REGARDING SOCIAL MEDIA, COMMENTING & ELECTRONIC COMMUNITIES

The Websites may include the capacity for you to publish and obtain access to various kinds of information and materials, all of which we call “User Content.” User Content also includes information and materials posted to the Website by you.  We may also choose to use Facebook and other social media to create and encourage community engagement.

By posting, uploading, inputting, providing or submitting any User Content, you are granting to MAKOR, without any compensation to you, a non-exclusive, perpetual, and worldwide license to use your User Content for any purposes and in any way MAKOR deems fit including, without limitation, to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Content, and to publish your name in connection with your User Content.

You agree not to revise or obscure User Content posted by others and you agree not to post or use any User Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
  • violates the privacy, publicity, or other rights of third parties,
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by MAKOR in its sole discretion,
  • is false or inaccurate, or
  • could damage our company, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the Website to User Content that violates our policies or is otherwise offensive. We take no responsibility for your exposure to User Content on the Website whether it violates our content policies or not. You may use the Website at your own risk. We may, but are not obligated to, terminate user accounts and/or remove User Content from the Website if we determine or suspect that those accounts or User Content violate these Terms.

To make the use of our Website a good experience for all our users, you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Website;
  • sell or promote products, services or multi-level marketing programs;
  • upload, distribute or print anything that may be harmful to minors;
  • attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
  • attempt to gain access to secured portions of the Website to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Website to generate unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Website or to interfere in any way with the proper functioning of the Website; or
  • impersonate another user.

THIRD PARTY SERVICES AND ASSOCIATED LINKS

As part of our goal to make your experience as seamless as possible, links to third-party websites may be contained in the Website. However, MAKOR cannot and does not control contents of the third-party websites and the possible redirection of the link to different or missing content. The links should not be considered endorsements. See our Privacy Policy for further information on third-party websites.

ELECTRONIC COMMUNICATIONS

Sending emails to MAKOR, or viewing, visiting or engaging on our Website will be considered your consent to receive electronic communications. As a result, all notices, agreements, disclosures, or changes to our Terms and/or Privacy Policy that we provide electronically, via placement on the Website, or through email, will be deemed to satisfy any legal requirement that communications be in writing.

WARRANTIES/LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT ACCESS AND/OR USE OF THE WEBSITE AND/OR CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND/OR OUR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND/OR OUR CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MAKOR AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EXECUTIVES, EMPLOYEES, OWNERS, AND AUTHORIZED AGENTS (COLLECTIVELY, THE “COVERED PARTIES”), SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR OUR CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAKOR AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MAKOR AND YOU. THE WEBSITE AND/OR OUR CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAKOR THROUGH THE WEBSITE AND/OR OUR CONTENT SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

MAKOR IS NOT RESPONSIBLE TO YOU AND/OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND/OR MEMBER COMMUNICATIONS; 2) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE AND/OR OUR CONTENT WHETHER CAUSED BY MAKOR OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED ON THE WEBSITE AND/OR OUR CONTENT; 3) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 4) ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

THE MAXIMUM LIABILITY OF MAKOR AND THE COVERED PARTIES TO YOU OR TO ANY THIRD PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO MAKOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAKOR SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND/OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND/OR OUR CONTENT. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

INDEMNIFICATION

You agree to indemnify, defend and hold MAKOR, its parents, subsidiaries and affiliates, and each of their respective officers, directors, executives, employees, owners, and authorized agents, harmless from any and all loss, liability, claims and/or demands (including reasonable attorneys’ fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website and/or Content and/or arising from your breach of these Terms.

RELEASE

To the extent the law permits, you release us from any claims or liability related to any Content posted on the Website, our Content, and/or from any claims related to the conduct of any other customers of ours. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

LEGAL CAPACITY

By accessing and using the Website, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by these Terms.  Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to these Terms.

TERMINATION

We may change or discontinue the Website or any of the Content at any time without prior notice. We reserve the right to terminate these Terms at our election and for any reason, without prior notice. In the event of any termination, you will immediately cease access to the Website and Content.

INTERNATIONAL USERS

The Website and the Content are controlled, operated and administered by MAKOR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MAKOR content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

DISPUTE RESOLUTION/GOVERNING LAW:

These Terms and our Privacy Policy shall be governed by the laws of the State of New York, USA.

Should you violate the Terms pertaining to Account Responsibilities, Intellectual Property, Copyright Claims, and/or Rules regarding User Conduct, you acknowledge that those violations will be of such a character that MAKOR will be irreparably injured and cannot be adequately compensated by money damages.  Accordingly, you agree that MAKOR may, in addition to pursuing its other remedies, apply for injunctive relief from any Federal or State Court having jurisdiction of the matter in the City, County, and State of New York, USA, restraining such violation, whether threatened or actual, and no bond or other security shall be required in connection with such injunction.  The parties hereby consent to the jurisdiction of any such Court in which an application for injunctive relief is brought. The foregoing shall be in addition and without prejudice to such other rights that MAKOR may have at law or in equity.

Any other matters shall be resolved either by Small Claims Court in New York, New York if the dispute amounts to $5000 or less, or by arbitration before one (1) arbitrator, pursuant to American Arbitration Association commercial arbitration rules, in its offices in New York, New York. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.  The prevailing party shall be entitled to recover from the other all costs for such action or arbitration including attorneys’ fees and costs incurred in enforcing the terms and conditions of these Terms.

GENERAL

If a provision of these Terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  Neither party shall be liable for nonperformance or delay in performance, other than the obligations regarding payment of money or confidentiality, caused by an event reasonably beyond the control of the party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other act of God, or any law, proclamation, regulation, ordinance, or other act or order of any court, government, or governmental agency. A party’s decision to waive or ignore a breach or default of these Terms shall not be deemed a waiver on any future breach or default. These Terms are subject to change at any time, with or without notice.  All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates. If you object to any of these Terms, or become dissatisfied with the Website and/or Content or any subsequent modifications to these Terms, your sole recourse is to immediately discontinue the use of the Website.

CONSENT TO ENGLISH LANGUAGE

The parties hereto confirm their express wish that these terms and all documents and agreements directly or indirectly relating thereto be drawn up in the English language. Les parties reconnaissent leur volonté expresse que la présente convention ainsi que tous les documents et contrats s’y rattachant directement ou indirectment soient rédigés en anglais.

CONTACT US

We welcome your questions or comments regarding the Terms. Contact us at info@MakorCenter.org.