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Terms Of Use
06-15-09


Terms of Use

Welcome to www.travelujah.com (together with its Content, the "Site"). Please read the following Terms of Use ("Terms") carefully before using this Site so that you ("You" or "Your") are aware of Your legal rights and obligations with respect to Travelujah Ltd., its affiliates and subsidiaries (individually and collectively, "Travelujah " or "We").

1.                  Your Acceptance

By using or visiting this Site, including without limitation contributing to or viewing the Site's Content (as defined below), You signify Your assent to (1) these Terms; and (2) Travelujah's privacy policy at www.travelujah.com/privacy ("Privacy Policy"). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein. 

2.                  Ability to Accept Terms

You affirm that You are over the age of 18, as the Site is not intended for children under 18.  If it comes to our attention that a registered user is under 18 years of age, Travelujah may cancel that user's account.

3.                  Service

The Site is a faith-based travel platform providing online travel reservations, information and social networking services for people seeking spiritually oriented experiences in Israel (the "Service").

4.                  Website Access

A. Travelujah hereby grants You permission to use the Site, provided that: (i) You will not copy, distribute or modify any part of the Site without Travelujah's prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iii) You will not disrupt servers or networks connected to the Site; and (iv) You comply with these Terms.

B. In order to access some of the services of the Site, You will have to create an account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Travelujah immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of Travelujah or others due to such unauthorized use. Travelujah will not be liable for Your losses caused by any unauthorized use of Your account.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Travelujah servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.  You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.

D. Travelujah has the right to terminate Your access to the Site, in its sole discretion, immediately and with or without cause.

5.                  Intellectual Property Rights

The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, User Submissions and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Travelujah. Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Travelujah's prior written consent. Travelujah reserves all rights not expressly granted in and to the Site. If You download or print a copy of the 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 Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.

"Travelujah", the Travelujah logo, Search the Bible, and other marks are Marks of Travelujah or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.

This section shall survive any termination of these Terms.

6.                  User Submissions

6.1.            The Site permits You and other users to submit Content to the Site ("User Submissions").  You are solely responsible for Your User Submissions and the consequences of posting them.

6.2.            You represent and warrant that You own or have the necessary rights to use, and authorize Travelujah to use, all intellectual property rights in and to any User Submissions. You retain all of Your ownership rights in Your User Submissions.However, by submitting the User Submissions to Travelujah, You hereby grant Travelujah and the users of the Site a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, copy, distribute, prepare derivative works of display, and perform the User Submissions; other users may only use Your User Submission for non-commercial  purposes, unless otherwise permitted by Travelujah.

6.3.            You agree that You will not submit a User Submission that:

6.3.1.           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;

6.3.2.           creates a risk to a person's safety or health, compromises national security, or interferes with an investigation by law enforcement;

6.3.3.           impersonates another person;

6.3.4.           promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

6.3.5.           is unlawful, 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;

6.3.6.           involves theft, money laundering or terrorism;

6.3.7.           promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms or any applicable policies or guidelines;

6.3.8.           falsely expresses or implies that such content is sponsored or endorsed by Travelujah; or

6.3.9.           is otherwise malicious or fraudulent.

6.4.            You hereby waive any claims You may have against Travelujah with respect to User Submissions, including Travelujah's removal of any User Submission it deems inappropriate, and You agree to indemnify Travelujah, and its officers, directors and agents, for any damage resulting from Your User Submission (including attorneys fees and costs to defend any claims in connection therewith).

 

7.                  Disclosure

We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Travelujah, its users or the public.

8.                  Links

The Site (including the Content) may contain links to third party websites that are not owned or controlled by Travelujah. Travelujah assumes no responsibility for any third party website, and You release Travelujah from any liability arising from Your use thereof.

9.                  Notice of Claims of Copyright Infringement

It is the policy of Travelujah to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Travelujah has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

If You believe that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide Travelujah's Copyright Agent with the following information in accordance with the DMCA:

a)      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b)      a description of the copyrighted work or other intellectual property that You claim has been infringed;

c)      a description of where the material that You claim is infringing is located on the Site, with enough detail that We may find it on our Site; providing URLs in the body of an email is the best way to help us locate content quickly;

d)      Your address, telephone number, and email address;

e)      a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

f)       a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Travelujah's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Elisa Moed

Travelujah Ltd.

47E Bilu Street

Raanana 43581

Israel

Telephone: +970-52-603-7169

Facsimile: +970-77-766-0379

Email: copyright@travelujah.com

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

10.              Limitation of Liability and Warranty

 

THE SITE (INCLUDING THE CONTENT AND THE SERVICE) IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, TRAVELUJAH DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE.

 

THE HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR TRAVELUJAH ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TRAVELUJAH OR ITS AFFILIATES. TRAVELUJAH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TRAVELUJAH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELUJAH DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. IN ADDITION, TRAVELUJAH EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED.

YOU SPECIFICALLY ACKNOWLEDGE THAT TRAVELUJAH IS NOT LIABLE FOR USER SUBMISSIONS OR ADVERTISEMENTS ON THE SITE.

UNDER NO CIRCUMSTANCES SHALL TRAVELUJAH, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION,SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES EVEN IF TRAVELUJAH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT TRAVELUJAH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.              Indemnity

You agree to defend, indemnify and hold harmless Travelujah, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.

12.              Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Travelujah without restriction.

13.              General

Travelujah reserves the right to discontinue or modify any aspect of the Site at any time Your continued use of this Site following the posting of changes to these Terms will mean You accept those changes. These Terms, the Privacy Policy and the relationship between You and Travelujah are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Travelujah agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yafo, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published byTravelujah on the Site, shall constitute the entire agreement between You andTravelujah concerning the Site. If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND TRAVELUJAH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: February 1, 2009



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