Terms of Use
Updated Oct. 17, 2004

Introduction; Consent to Terms

Please read these Terms of Use before using Kol Halev.org, Kol Halevjazz.org or freshair.Kol Halev.org or any features of these sites, including, but not limited to, the Kol Halev Shop and Kol Halev RSS feeds (collectively, the "Kol Halev Web sites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Kol Halev Web sites. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights

The contents of Kol Halev Web sites are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the Kol Halev Web sites without the prior written consent of Kol Halev, except as provided below. You may copy and print a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of Kol Halev content requires prior written permission from Kol Halev. For permission requests, visit our permissions page. For information regarding the purchase of transcripts or tapes/CDs, visit our transcripts page.

Trademarks

Kol Halev® and Kol Halev program names are service marks of National Public Radio, Inc. All rights reserved. You may not use any Kol Halev service marks, logos or graphics without Kol Halev's prior written consent, except that you may use the Kol Halev-provided logo contained in an Kol Halev RSS feed in connection with the personal, noncommercial use of Kol Halev's RSS feeds, subject to the requirements set forth below in Kol Halev's RSS Feed policy.

Framing

Kol Halev does not allow framing of its Web sites.

Links to Kol Halev Web Sites

Kol Halev encourages and permits links to content on Kol Halev Web sites. However, Kol Halev is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that Kol Halev promotes or endorses any third party's causes, ideas, Web sites, products or services, or (b) use Kol Halev content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

Kol Halev has provided links to Internet sites maintained by third parties, over which Kol Halev has no control. Kol Halev does not endorse the content, operators, products or services of such sites, and Kol Halev is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Kol Halev shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

RSS Feeds

Kol Halev's RSS feeds are protected by U.S. and international copyright laws. All rights in and to Kol Halev's RSS feeds, including the content and technology included therein, are reserved to Kol Halev. Kol Halev's RSS feeds are available for personal, noncommercial use only. You may display the headlines, active links and other information contained in the RSS feeds (the "RSS Feed Content") on your personal web site and otherwise use the Kol Halev RSS feeds for personal, noncommercial purposes, provided that (a) you do not modify or delete any of the RSS Feed Content, (b) you do not redistribute the RSS feeds, (c) you do not post Kol Halev audio files or full-text stories other than as included in the RSS feed, (d) the links redirect the user to the Kol Halev Web sites when the user clicks on them, and (e) the use or display does not suggest that Kol Halev promotes or endorses any third party causes, ideas, Web sites, products or services. If you display the RSS Feed Content publicly, including on your website, you must provide attribution to Kol Halev adjacent to the RSS Feed Content, by including "Kol Halev News Headlines" in text or by displaying the Kol Halev logo contained in the RSS feed, without modification. Any other use of Kol Halev's trademarks, or service marks, or of the RSS feeds requires the prior written permission of Kol Halev. For permission requests, please visit our permissions page. Kol Halev reserves the right to discontinue providing RSS feeds and to require that you cease accessing or using the Kol Halev RSS feeds, RSS Feed Content, and/or Kol Halev logo at any time for any reason.

Rules of the Kol Halev Discussion Boards

The discussion areas of the Kol Halev Web sites (the "Kol Halev Discussion Boards") are places where we encourage discussion and debate on the issues we cover and other program topics. Users must be polite to fellow users, and follow a few simple rules:

You may not post any messages or materials anonymously or under a false name or a false email address.
While we do not seek to limit expression of ideas, certain materials and language will not be tolerated. You may not post or upload any material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.
You may only post materials for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any uploaded or included materials will be owned by you or in the public domain.
The discussions can only be used for non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
You may not post or transmit any software or other material which contains a virus or other harmful code or device. You may not use the discussions to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the service.
You hereby grant Kol Halev a non-exclusive, perpetual, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform or display in all media, whether or not now known, any material posted by you on the Kol Halev Discussion Boards.
Persons under the age of eighteen (18) MUST obtain parental permission before registering. Children under the age of thirteen (13) are not eligible to participate in the discussions.
You are solely responsible for any content posted using your account. Kol Halev does not and cannot review every message posted by you and is not responsible for any materials posted by others on the Kol Halev Discussion Boards. However, Kol Halev has the right (but not the obligation) to delete, edit or move any material that it deems, in its sole discretion, to be in violation of the Rules of the Kol Halev Discussion Boards or which it otherwise, in its sole discretion, considers to be objectionable.
Kol Halev is not responsible or liable for any materials posted on the Kol Halev Discussion Boards. Kol Halev cannot verify the accuracy of statements that users place on the Kol Halev Discussion Boards, and does not guarantee that any material has been posted with the permission of the copyright or proprietary owner or is otherwise in compliance with the Rules of the Kol Halev Discussion Boards.
By using the Kol Halev Discussion Boards, you agree to abide by these rules. You acknowledge that Kol Halev has the right to delete, edit or move material that it deems, in its sole discretion, to be in violation of the Rules of the Kol Halev Discussion Boards or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that Kol Halev has the right to limit or terminate access to the Kol Halev Discussions Boards for any reason, including violation of these Rules of the Kol Halev Discussion Boards.

Representations; Indemnity

You represent and warrant that (a) any material you post on the Kol Halev Discussion Boards does not and will not violate any Rules of the Kol Halev Discussion Boards, and (b) your use of the Service complies with these terms of use. You agree that you will indemnify and hold harmless Kol Halev and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted on the Kol Halev Discussion Boards, or (4) Kol Halev's publication, distribution or use of such materials.

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kol Halev DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES Kol Halev MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOLHALEV SHALL NOT BE LIABLE TO YOU 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, RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE, OR 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 SERVICE OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICE


Online Shopping

In the event a product available on or through the Kol Halev Shop is listed at an incorrect price or with incorrect information, Kol Halev will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Kol Halev's acceptance of your order, nor does it constitute confirmation of Kol Halev's offer to sell. Kol Halev reserves the right at any time after receipt of your order to accept or decline your order for any reason. Kol Halev may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Copyright Agent

Kol Halev respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Kol Halev's Copyright Agent:

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
a description of the copyrighted work that you claim has been infringed.
a description of the material that you claim 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 sufficient to permit us to locate the material.
information so that we can contact you, such as address, telephone number and e-mail address.
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.
a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

International Users

The Service is controlled and operated within the United States. Kol Halev makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

Miscellaneous

These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Kol Halev Web Sites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under District of Columbia law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.
The Kol Halev logo - heart shape with radio speakers and an antenna, surrounded by a diamond shape, is a copywrited logo and may not be in use, unless else stated by written from Kol Halev and the logo creator - Mr. Yaniv Feldman.

Questions

If you have any questions about the terms of use, please contact us