Welcome to www.mymikvahcalendar.com , operated by Taharat Hamishpacha International/mikvah.org. By using the services offered on or through www.mymikvahcalendar.com or mikvah.org/calendar (the "Company Site"), you are agreeing to the terms and conditions listed below (the "Terms of Service").
We reserve the right, at our discretion, to change, modify, add, remove or otherwise revise portions of these Terms of Service, or any incorporated policies, rules or guidelines, at any time. Please check the Company Site periodically for changes. Your continued access to the Company Site and/or use of any Company Services following the posting of changes to these terms constitutes your acceptance of the revised Terms of Service.
The Company Site is an informational website providing information about Company and its brand. It is also a venue for a Taharat Hamishpacha Calendar (collectively, the "Company Services"). Company Services may be offered by Company itself, or by a third party partner/service provider. Unless stated otherwise, these Terms of Service apply to all Company Services found on the Company Site, including those currently offered, as well as any new products or services that we may add in the future.
General Terms of Service and Restrictions on Use of Materials
You may access the Company Site, and use the Company Services for personal, non-commercial purposes. By accessing or otherwise using the Company Site and/or Company Services, you are acknowledging and agreeing that you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement. If you do not comply with the Terms of Service at any time, Company reserves the right to terminate your access to all or some of the Company Services. Company may discontinue or alter any aspect of the Company Services, including, but not limited to, (i) restricting the time the Company Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Company Services, at Company's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Company Services through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Company Services. You further certify that you are an individual and that you are 13 or older.
In order to use certain Company Services you may need to become a registered user of the Company Site. You agree that Company user names are the property of Company, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, an Company user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
If you elect to register to use the Company Services and/or utilize the Company Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Company registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Company has reasonable grounds to suspect that such is the case, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Company Site and/or Company Services (or any portion thereof).
In addition to any other Registration Data, to register with Company you may be required to choose a password and an account name. You are solely responsible for maintaining the confidentiality of any password you may use to access the Company Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Company Services, to any third party. You are fully responsible for all activity that occurs in connection with your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security related to your account or the Company Services, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
If, on your own or at our request, you submit content (e.g., postings, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant to Company and its affiliates a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. Company shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant to Company the license set forth above.
Community Standards and Conduct
You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you post, email or otherwise transmit via the Company Services. Company does not control all of the content posted on or via the Company Site or Company Services and, as such, does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. You understand that by using the Company Site or Company Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted on or via the Company Site or Company Services.
You agree to not use the Company Services to:
There are a number of places on the Company Site where you may click on a link to access other websites that do not operate under these Terms of Service, including third party websites and even other websites operated by Company, but which are governed by separate terms of service, end user license agreements and/or privacy policies. For example, if you click on an advertisement or a search result on our website, you may be taken to a website that we do not control. These third-party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit by clicking on the "privacy" link typically located at the bottom of the webpage you are visiting. Further, third party-owned sites and resources are not controlled by Company, and the mere existence of the link on the Company Site does not imply an endorsement by Company. Your use of external sites or resources is at your own risk.
Company and its service providers utilize diligent efforts to maintain the Company Site and Company Services, but Company and its service providers are not responsible for any defects or failures associated with the Company Services, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Company and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Company Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the Company Services may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE COMPANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE COMPANY SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL COMPLY WITH HALACHA OR OTHER RELIGIOUS LAW OR INTERPRETATION, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COMPANY SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE COMPANY SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMPANY SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM COMPANY PERSONNEL OR THROUGH THE COMPANY SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY INTERACTIVE NETWORK, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE COMPANY SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COMPANY SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE COMPANY SERVICES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE COMPANY SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY INTERACTIVE NETWORK, INC., ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE COMPANY SITE OR COMPANY SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that Company, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Company Services, and remove and discard any Submissions or other content within the Company Services, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Company may also in its sole discretion and at any time discontinue providing the Company Services, or any part thereof, with or without notice. You agree that any termination of your access to the Company Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Company Services. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Company Services.
The provisions of these Terms of Service pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
You acknowledge that the Company Site and Company Services contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content provided to Company by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Company owns a copyright in the selection, coordination, arrangement and enhancement of all content and in the Company Site as a whole. The Company name and logo are trademarks of Company Interactive Network, Inc. All other trademarks appearing on the Company Site or Company Services are trademarks of their respective owners. Company's partners may also have additional proprietary rights in the content which they make available through the Company Services. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by Company, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Company. Company does not transfer title to the Software to you. You may not redistribute, sell, export, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
Governing Law and Other Miscellaneous Terms
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Company relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Company's successors, assigns and licensees.
These Terms of Service (and any further policies or documents incorporated by reference herein) constitute the entire understanding between Company and users of the Company Site and Company Services concerning the subject matter hereof and may not be modified except by revised Terms of Service posted by Company. These Terms of Service, which may be modified or amended by Company from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Service will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Service will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly.
No failure or delay by Company in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
These Terms of Service are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without Company's prior written consent.