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
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