Terms of Use

These terms of use, together with the Privacy Policy located at https://israelbiblicalstudies.com/privacy-policy/ (collectively, the “Terms of Use”) set forth the basis on which you are permitted to access and use the Israel Institute of Biblical Studies’ website located at https://israelbiblicalstudies.com (together with its subdomains, content, marks and services, the “Site”). The Site is owned and operated by eTeacher Ltd. (“eTeacher”, “we”, “us” or “our”).

Please read the Terms of Use carefully before using the Site. By accessing and using the Site in any way, including, without limitation, browsing the Site, you expressly acknowledge, agree to and are bound by the Terms of Use described herein, and hereby waive any applicable rights to require a non-electronic original signature or delivery of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not use or access the Site in any manner. We reserve the right to update these Terms of Use at any time without the requirement of any notice to you.

This Site is intended for users above 13 years old of age. If you are under the age of 13, please do not access or use our Site. If you are between the ages 13-18, please consult and review these Terms of Use with your parents or legal guardian before accessing and using this Site.

For as long as these Terms of Use are in effect and provided that you comply with our Terms of Use and applicable laws, we hereby grant you permission to use and access the Site.

 

NO UNLAWFUL OR PROHIBITED USE
You may not and shall not: (a) use the Site for any purpose that is unlawful or prohibited by applicable law or by the terms and conditions provided herein or in any other manner that could damage, disable, overburden or otherwise impair any server of ours or the network(s) connected to any of our servers, or interfere with any other person’s use and enjoyment of the Site; (b) copy, modify or distribute any part of the Site without our explicit prior written consent; (c) modify, use, transfer, reproduce, create derivative works of, display or disclose Site Content (the term as such is defined below), except as expressly authorized herein or as pre-approved by us in writing (d) disrupt or attempt to gain unauthorized access to the Site or any part thereof, or the computer systems or networks connected to any of our servers, through any means; (e) disable or interfere with the Site’s security features intended to prevent or restrict the use of the Site or the copying of any Site Content; or (f) obtain any materials or information through any means not intentionally made available to you through the Site or use any automated system to access the Site (for example by launching “robots” and/or “Spiders” systems).

 

INTELLECTUAL PROPERTY RIGHTS
The content appearing on the Site, including without limitation, the texts, icons, documents, articles, reviews, presentations, brochures, course catalogs, newsletters, descriptions, products, software, graphics, photos, sounds, videos, designs, interactive features and services, Site’s general appearance and design and the User Submissions (the term as such is further defined below) (collectively, the “Site Content”), and the trademarks, service marks and logos contained in the Site and the Site Content (“Marks”), are the property of eTeacher and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Israel Institute of Biblical Studies”, “eTeacher”, the logo of the Israel Institute of Biblical Studies, the eTeacher logo, and other marks are Marks of eTeacher or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. All rights in and to the Site and the Site Content belong to eTeacher.

The Site Content is provided to you for personal use only and may not, in any way, be used, altered, reproduced, stored, displayed, de-compiled, transmitted or further distributed or exploited in any other way without our explicit prior written consent. If you download or print a copy of the Site Content or any part thereof, you must retain all proprietary notices and copyrights contained in such Site Content.

 

SITE CONTENT
Although we make an effort to keep the Site Content published on our Site as accurate as possible, we cannot guarantee that the Site Content will be at all times updated, accurate, reliable, complete or free of errors. We reserve the right, at any time and at our sole and absolute discretion, to edit, change, modify, delete and/or remove any part of the Site Content, without being required to notify you of such changes made to the Site Content. Accessing and using the Site and the Site Content included therein is to be done at your own responsibility and risk.

LINKS: THIRD PARTY CONTENT
Links to Third Party Websites. The Site may contain links enabling you to access and use content from third party websites (including websites of our business partners or customers), and may also enable you to post information and content to such third party websites and/or to communicate with such third party websites, all of which are not owned or controlled in any way by us (“Third Party Websites”). Third Party Websites may include inaccurate, indecent or offensive content, and you are responsible for deciding whether you wish to access and/or use the Third Party Websites or not, and we are not responsible in any manner for the content, services, features, privacy policy, terms of use and other practices and policies of such Third Party Websites. Moreover, we make no recommendation or endorsement as to such Third Party Websites or the products or services offered thereon. We therefore encourage you to read the privacy policies and terms of use of the Third Party Websites you choose to access.

Accessing Third Party Websites through the links in the Site is to be done at your own risk, and you are solely responsible for whatever use you make of these Third Party Websites and the content you may post there. By consenting to these Terms of Use you hereby expressly release eTeacher and its affiliates, directors, office holders and anyone acting on its behalf, from any and all liability arising from your use of such Third Party Websites or related in any way to the Third Party Websites. Should you have any claim, demand or complaint from a Third Party Website, you agree to contact such Third Party Website directly.

Links to the Site. You may post links directing to the Site, provided that: (a) you and the website from which you post the link to our Site are in compliance with these Terms of Use; (b) the hyperlink text will accurately describe the content of the Site; (c) you will not provide a false representation concerning your relationship with eTeacher and/or the Site or imply in any manner that we endorse certain services and/or products; and (d) links to the Site shall not be posted in websites which includes content which infringes on third parties’ intellectual property rights or other rights, or which include controversial and/or offensive content, at eTeacher’s sole and absolute discretion.

SPAM EMAIL
We would be irreparably harmed by the use, by you or others, of our Site or any part thereof in connection with the transmission of spam or unsolicited email in violation of the Terms of Use as provided herein, and we are entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity).

POSTING CONTENT BY USERS
The Site’s features may enable you to post content of your own and/or of other users on our Site (“User Content”). We reserve the right to decide whether or not to post your User Content on our Site, at our sole and absolute discretion and without any obligation to explain our decision. We do not guarantee that the User’s content will remain confidential, whether such User Content is published on the Site or not, and you are solely responsible for your User Content and posting it on the Site. We may, at any time and at our sole discretion, edit, remove, and monitor all User Content you publish on our Site, without providing you with a notice in that regard.

Furthermore, you understand that by accessing and using the Site you may be exposed to User Content of other users of the Site, which may be inaccurate, offensive or indecent. We are not and shall not be responsible in any way for such User Content you may be exposed to, including its usefulness, accuracy, safety or intellectual property rights in and to such User Content, and you hereby waive any claim, right and remedy related to the above, which you may have against eTeacher, its directors and officers and anyone on its behalf.

License to User Content. By submitting User Content to our Site, you hereby grant us an irrevocable, perpetual, non-exclusive, worldwide, sub-licensable and transferable license to use, copy, transfer, edit and prepare derivative works of the User Content in connection with eTeacher’s and the Site’s business, including distribution of your User Content or any part thereof in any media. To the extent permitted by law, you hereby waive any moral rights with respect to your User Content. In addition, you hereby grant a non-exclusive right to all other users of the Site, to distribute, copy or create derivative works of your User Content or any part thereof in accordance with these Terms of Use.

Ownership. All ownership rights in and to the User Content you publish on the Site are retained by you. By consenting to these Terms of Use, you hereby represent and warrant that you have all rights and permissions required in order to use and authorize others to use the Intellectual Property Rights (i.e., any and all rights, title and interests, worldwide, in and to any and all patents, copyrights, trademarks, tradenames, trade secrets, service marks and any other similar intellectual property rights under applicable laws and regulations) in and to the User Content you post on the Site.

Prohibited User Content. You are prohibited from and hereby agree not to post, submit, transmit or display any User Content which: (a) is protected by trade secret, copyrighted or subject to any rights of third parties; (b) is misleading, deceptive or unfair pursuant to any applicable consumer protection legislation; (c) is violating export control legislation or promoting in any way an illegal activity; (d) is threatening, defamatory, unlawful, harassing, hateful, pornographic, racially offensive, or otherwise promotes or encourages any illegal activity or is inappropriate; (e) is creating a risk to the safety of the general public or a specific person’s health or safety or otherwise interferes with any lawful investigation; or (f) is fraudulent or malicious.

DISCLOSURE OF INFORMATION OBTAINED
We reserve the right to read, access and disclose any information obtained by us in connection with your use of the Site which we reasonably believe is necessary or required in order to: (a) comply with any applicable laws and regulations, judicial decree, inquiry or request made by any governmental authority; (b) investigate, prevent, restrict or otherwise handle any security, or technical issues; (c) investigate a potential violation of these Terms of Use or enforce any violation of these Terms of Use; (d) protect the rights, safety and health of the general public or a specific person; or (e) as required in order to provide you with technical support and administrative assistant.

PRIVACY POLICY
Any personal information (i.e. information which may be used to personally identify an individual, such as name, address, e-mail address, phone number) which may be collected or obtained in connection with the Site, will be used in accordance with the Privacy Policy available on our Site. by consenting to these Terms of Use you hereby agree to the provisions of the Privacy Policy and the way we use your personal information.

EXPORT ADMINISTRATION LAWS AND REGULATIONS
You acknowledge and agree that materials on the Site may be subject to certain export laws and regulations. Diversion of such materials contrary to any applicable export law and/or regulation is prohibited. You agree that none of the materials on the Site, nor any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals.

DISCLAIMERS
To the extent permitted under applicable laws, all the disclaimers detailed below will apply regardless of whether the services under the Site are being provided for payment or not.
This Site is offered “AS IS” and on an “AS AVAILABLE” basis and without warranties of any kind expressed or implied. eTeacher disclaims any express or implied warranties of merchantability and fitness for a specific purpose as well as title or non-infringement. eTeacher does not guarantee that the Site will be free of security breaches, bugs or virus attacks. The Site may occasionally be unavailable due to upgrades, routine maintenance, etc., and eTeacher is not responsible for timeliness, inaccuracy, unavailability or interruptions in availability, viruses or other defects in the Site or its contents. In no event shall eTeacher be responsible for any damages to third parties or users or their computer systems of for any consequence that may result from slow connections, traffic congestion or overload of servers, technical problems of the internet connection or otherwise, even if eTeacher has been informed of the possibility of such damages and without regard to negligence.

eTeacher shall not be responsible or liable for any User Content or content and conduct of any Third Party Website, and the risk of harm or damage in connection with the foregoing rests in its entirety with you.

eTeacher does not warrant, guarantee or endorse any content included in the User Content posted on the Site, and does not make any warranty or representation with respect to such User Content, and disclaims all liability arising from or related in any manner to the User Content.

Your access to, reliance on or use of any User Content published on the Site or Third Party Website, or any other interaction you may choose to have with other users of the Site or Third Party Websites, are all at your own risk. eTeacher is not liable for any claims or damages arising from or related in any way to any dispute which you may have with other users of the Site and/or Third Party Websites. Although eTeacher has no responsibility or liability with respect to such disputes, eTeacher reserves the right to monitor such disputes, at its sole and absolute discretion.

Except as expressly stated in our Privacy Policy, eTeacher does not make any express or implied warranties or representations of any kind with respect to the security of the information which may be provided by you or collected by the Site in the course of your access and use of the Site and its features.

 

LIMITATION ON LIABILITY
WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED HEREIN, YOU HEREBY ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, REMAINS WITH YOU. MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETEACHER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND ANYONE ACTING ON ITS BEHALF, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY YOU AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO THE USE OR INABILITY TO USE THE SITE, EVEN IF ETEACHER  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ETEACHER FOR ANY AND ALL DAMAGES ARISING FROM THESE TERMS OF USE OR OF YOUR USE OR INABILITY TO USE THE SITE, SHALL EXCEED THE TOTAL AMOUNTS PAID BY YOU (IF ANY) TO ETEACHER FOR USING THE SITE AND/OR THE SERVICES AND PRODUCTS OFFERED BY THE SITE, DURING THE SIX (6) MONTHS PERIOD PRIOR TO BRINGING THE CLAIM.

INDEMNIFICATION
By consenting to these Terms of Use you hereby agree to defend, hold harmless and identify eTeacher and its affiliates, business partners, officers, directors, employees, consultants, agents and anyone acting on its behalf, from and against any and all claims, demands, damages, losses, obligations, liabilities, costs and expenses (including without limitation attorney’s fees) arising from: (a) your use or inability to use the Site; (b) any interaction you may have with other users of the Site or Third Party Websites; (c) any violation by you of these Terms of Use; and (d) your User Content.

MODIFICATIONS TO THESE TERMS
We reserve the right, at any time, to update, change or modify these terms and conditions, at our sole and absolute discretion. When we make these updates and/or changes and/or modifications, we will post the revised Terms of Use on the Site and will post a prominent notice in that regard on the Site’s home page, and the “last updated” date listed at the top of these Terms of Use will be revised accordingly. Your continuous use of the Site following such posts shall be deemed as your consent to the terms and conditions of the revised Terms of Use.

RELATIONSHIP OF THE PARTIES
You and eTeacher are independent contractors. Nothing contained in these Terms of Use shall create a partnership, joint venture, agency or employment relationship between eTeacher and/or anyone on its behalf and yourself. You are not allowed to obligate and/or bind eTeacher in any way and/or to create any commitments, representations, warranties or obligations on behalf of eTeacher in any manner whatsoever.

TERM AND TERMINATION
These Terms of Use shall be in full force and effect until terminated by eTeacher or yourself. eTeacher is entitled, at any time and in its sole and absolute discretion and for any reason whatsoever, to immediately terminate these Terms of Use or your access to the Site (in full or partially by terminating your access to some of the Site’s features). In any event, eTeacher shall not be liable to you or to any third party for any termination of access to the Site (whether in full or partially). If, for whatever reason, you are no more satisfied with the Site, its features or the services offered by it, or if you do not agree with any of the provisions of these Terms of Use or any modifications made to these Terms of Use, your only recourse in such an event is to immediately discontinue any use of the Site. Upon termination of these Terms of Use you shall immediately cease all use of the Site.

Notwithstanding any termination of these Terms of Service, the following Sections in these Terms of Use shall survive such termination and shall continue to apply: the Section titled “Intellectual Property Rights”, the Sub-section titled “License to User Content”, the Section titled “Disclosure of Information Obtained”, the Section titled “Privacy Policy”, the Section titled “Disclaimers”, the Section titled “Limitation on Liability”, the Section titled “Indemnification”, the Section titled “Relationship of the Parties”, the Section titled “Term and Termination”, the Section titled “Governing Law and Jurisdiction” and the Section titled “Miscellaneous”.

ASSIGNMENT
You may not assign or transfer these Terms of Use and any rights and license granted thereof to any third party. eTeacher is entitled to assign these Terms of Use and any rights and license granted thereof to any third party, in its sole and absolute discretion and without any restriction, and is not obligated to provide you with a notice in that regard.

 

GOVERNING LAW AND JURISDICTION
Your use of the Site, your relationship with eTeacher and these Terms of Use, shall be governed in all respects by the laws of the State of Israel, without giving effect to its conflict of the law’s provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that any action brought against eTeacher arising out of or relating to the Site, your relationship with eTeacher or these Terms of Use may be brought only and exclusively before the courts of Tel Aviv, Israel. eTeacher may seek injunctive relief in any court of competent jurisdiction worldwide.

ANY CAUSE OF ACTION YOU MAY HAVE AGAINST ETEACHER WITH RESPECT TO THE ABOVE IN THIS SECTION, MUST COMMENCE WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

MISCELLANEOUS
If any provision included in these Terms of Use shall be deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the other provisions of these Terms of Use which shall continue to be in full force and effect.

The failure or delay of either party to require the performance of any term under these Terms of Use, or the waiver by either party of any breach under these Terms of Use, shall not prevent subsequent enforcement of such terms, nor be deemed a waiver of any subsequent or extended breach.