Terms of Use

THE INTER-AGENCY TASK FORCE ON ISRAELI ARAB ISSUES

TERMS OF USE

Effective as of July 15, 2009

The Inter-Agency Task Force on Israeli Arab Issues (“IATF”) maintains a Website at http://www.iataskforce.org (the “Website”) for informational, educational and research purposes. You may use the Website for non-commercial, lawful purposes only. Your access to and use of the Website is subject to and governed by these Terms of Use. By accessing and browsing the Website, you accept, without limitation or qualification, and agree to be bound by, these Terms of Use and all applicable laws. These Terms of Use apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website.

Your Acceptance

BY USING AND/OR VISITING THE WEBSITE, YOU CONSENT AND AGREE TO BOTH THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, WHICH IS PUBLISHED AT WWW.IATASKFORCE.ORG/PRIVACY-POLICY, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, please immediately exit from and do not use the Website.

Website Access

IATF hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without IATF’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with these Terms of Use.

Intellectual Property Rights

The content on the Website, except User Submissions (as defined below) and links to third party websites, including artwork, images, text, software, sounds, music, video, names, and likenesses displayed on the Website are either the property of, or used with permission by, IATF. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the Website or otherwise granted to you in writing by IATF or, in the case of third-party websites, by the owners of such websites. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and/or foreign laws and international conventions.

The trademarks, service marks, logos, and other indicia (collectively the “Trademarks”) which appear on the Website are registered and unregistered trademarks of IATF and others. Nothing contained on the Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of IATF or such third party as may be appropriate. All rights are expressly reserved and retained by IATF. Your use of any of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited.

Both the Website and the content of the Website are provided “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree to not engage in the use, copying, or distribution of any of the content on the Website other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any of the Website content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any of its content or enforce limitations on use of the Website or any of the content thereon. IATF does not make any representations or warranties, whether express or implied, regarding or relating to the Website or any associated hardware or software, including the content or operations of such hardware and software.

User Submissions

The Website may now or in the future permit the submission of content or communications submitted by you and/or other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, IATF does not guarantee any confidentiality with respect to any submissions.

IATF may or may not edit User Submissions. Even if IATF edits your User Submission, you shall be solely responsible for such User Submission and the consequences of posting or publishing it. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize IATF to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions submitted by you to enable inclusion and use of such User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person included in a User Submission you submit to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

By submitting User Submissions to IATF, you hereby grant IATF a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, edit, distribute, prepare derivative works of and display such User Submissions in connection with the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you or we remove or delete a User Submission submitted by you from the Website.
You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IATF all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IATF or any third party (including its members); (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

IATF does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and IATF expressly disclaims any and all liability in connection with User Submissions. IATF does not knowingly permit infringement of intellectual property rights on the Website, and IATF will remove any content, including User Submissions, if properly notified that such content infringes on another’s intellectual property rights or is otherwise unlawful. IATF reserves the right to remove any content, including User Submissions, from the Website without prior notice and reserves the right to terminate a user’s access to the Website if a user is determined to be a repeat offender. IATF also reserves the right to decide whether any content, including User Submissions, is appropriate and complies with these Terms of Use. IATF may remove such User Submissions and/or terminate a user’s access to the Website, at any time and without prior notice, if such user uploads any such material in violation of these Terms of Use.

If you are a copyright owner or an agent thereof and believe that a User Submission or other content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing:

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, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

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 the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

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 the law; and

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.

IATF’s designated copyright agent to receive notifications of claimed infringement is: Elliott J. Brown, Esq., Olshan Grundman Frome Rosenzweig & Wolosky LLP., 65 East 55th Street, New York, NY 10022, [email protected]. Only DMCA notices should go to the copyright agent. Any other feedback, comments, requests for technical support, and other communications should be directed to the IATF at www.iataskforce.org/contact. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that IATF is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IATF with respect thereto, and agree to indemnify and hold IATF, its members, affiliates, and/or licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

IATF currently does not permit uploading of materials on to the Website by users. If in the future IATF permits you to upload materials on the Website, such uploading shall be restricted to personal, informational, educational and research purposes only, and in no event may such use be for commercial purposes. IATF reserves the right to discontinue the whole or any part of the Website at any time.

Links to Third Party Websites

For your convenience and for the purpose of advancing education and research, the Website contain links to the websites of third parties on which you may be able to obtain content and/or download software. Except as otherwise noted, such third party websites, and such content and software are provided by third party organizations that are not affiliated with and are independent of IATF. IATF does not endorse or make any representations or warranties concerning such websites and their content, including the content thereof, and may have not reviewed such content or software. IATF has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IATF cannot and does not censor or edit the content of any third-party site.

By using the Website, you expressly relieve IATF from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit, whether through links from the Website or otherwise.

Warranty Disclaimer and Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER IATF, ITS MEMBERS, NOR ANY OF THEIR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY THE “IATF PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE INFORMATION OR SERVICES THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY SUCH INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE OR ANY THIRD PARTY WEBSITE TO WHICH THE WEBSITE LINKS. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IATF PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL IATF, IATF PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER IATF NOR IATF PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF IATF PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE WEBSITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, IATF’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnity

You agree to defend, indemnify and hold harmless IATF and its members and their respective officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website and any third party website you access through links from the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that a User Submission you submit caused damage to a third party. This defense and indemnification obligation shall survive these Terms of Use and your use of the Website.

Ability to Accept Terms of Use

It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian.

Privacy Policy

IATF has established a Privacy Policy governing the use of any personal information you submit while accessing the Website, which is located at https://www.iataskforce.org/privacy-policy and is part of these Terms of Use.

Assignment

Any rights or licenses granted to you under these Terms of Use may not be transferred or assigned by you except to the extent specifically provided in these Terms of Use. IATF may assign any rights and obligations it has under these Terms of Use without restriction.

General

You agree that: (i) the Website shall be deemed solely based in New York, New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over IATF or any of its members, either specific or general, in jurisdictions other than the State of New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and IATF that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by IATF on the Website, shall constitute the entire agreement between you and IATF concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IATF’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. IATF reserves the right to amend these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND IATF AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.