NEWSRAEL App – Terms of Use

Important – please read these Terms of Use carefully before using the NEWSRAEL App (“App”). You may use this app, including the contents presented therein, in keeping with the general terms of use (“The Website Terms and Conditions”), the privacy policy (“The Privacy Policy”) and the Terms of Use described below (the Website Terms and Conditions, the Privacy Policy and the following Terms of Use shall be named, together, “The Terms of Use”). The Terms of Use are designed to regulate the relationships between NEWSRAEL Communication Ltd. and any person and/or entity and/or agency, or their agents, who installs and/or uses the App (“The User”). If you do not agree to the Terms of Use, please press the “cancel” button and/or refrain from installing the App. You confirm that your use of the App will serve as confirmation for you having read the Terms of Use, understood its contents and agreed to be bound by the provisions therein.
This App is designed to provide news updates – mainly short, concise articles that are updated in real time. If you are under 18 years of age, please read these Terms of Use carefully with your parents (or another guardian). If you (or your parents) do not agree to the Terms of Use, in whole or in part, you may not use the App for any purpose whatsoever. This App is not intended for minors under 13 years of age. NEWSRAEL reserves the right to update the Terms of Use from time to time, at its exclusive discretion and without having to provide prior notice. Any changes in the Terms of Use will be in force as of its publication on the App (on its most updated version at any given time). To the extent that this waiver is possible under applicable law, you hereby waive any right or demand pursuant to any law or any regulations under any jurisdiction, which require a (non-electronic) signature or the delivery of non-electronic documents. You assume full responsibility for having chosen the App in order to achieve your desired results, for installing it, for using it and for the results obtained from the App.
1. License to install and use the App
1.1 You are hereby receiving from NEWSRAEL and NEWSRAEL hereby grants you a limited, personal, non-exclusive, non-assignable, non-commercial license, upon which no sub-licenses may be granted and which may be entirely revoked – a license to install and use the App on a Tablet, mobile device, computer or any other end device owned or controlled by you, all according to the general terms and conditions within the Terms of Use. NEWSRAEL reserves every right concerning the App, which is not explicitly granted within the Terms of Use.
1.2 From time to time, NEWSRAEL may issue upgraded versions of the App. It may electronically and automatically upgrade the App version used by you. You hereby agree to all such automatic upgrades, and that the provisions of this agreement shall apply to all the aforementioned upgrades.
1.3 You hereby undertake not to: (i) use, alter or integrate the App, or any part thereof, into another software, or create derivative works out of any part of the App; (ii) sell, grant a license (or a sub-license), lease, assign, transfer, pledge or share your rights pursuant to this agreement with any other person; (iii) copy, distribute or reproduce the App; (iv) disclose the performance results of the App or use such results for development or development activities concerning a competing App owned by you; (v) alter, decompose, decompile in any way, reverse engineer, update or improve the App or attempt to reveal its source code;(vi) remove or alter identifying marks concerning copyrights, trademarks, patent or other identifying notifications contained within or on the App or any copy thereof; and/or (vii) use NEWSRAEL’s name, logo or trademark without NEWSRAEL’s prior written consent.
1.4 This App is intended for private use only. Any commercial use thereof is prohibited, except with NEWSRAEL’s prior written consent.

2. Third party software The App uses third party software in order to propose contents that may interest you, and in order to identify and collect location data, inter alia, in order to enrich the app with location-based features. This function is subject to your choice and double confirmation – both by agreeing to the Terms of Use and by actively authorizing this function while installing the App in your device. Please note that in case you refrain from authorizing the App to collect location-based data, some features will not be available for you. Further information concerning the collection and use of data as above, is presented at length under the Privacy Policy.

3. User obligations. If you download the App from an online store of third-party apps (“Distributor”), know that your use of the App might also be subject to that Distributor’s terms of use. You confirm that before downloading the App, you had an opportunity to read and understand the Distributor’s terms of use, and you agree thereto. You attest that you are not precluding from using the App pursuant to the Distributor’s terms of use and/or applicable laws. If you are precluded from making the above attestation, you may not install and/or use the App.

4. Reports received from third parties
4.1 reports received from App users and/or third parties (including the Home Front Command) are also published on the App. For the purposes of these Terms of Use, “a Report” or “Reports” mean any materials and/or contents sent by a third party, including text, images and audio or video data.
A user who sends a Report in order to publish it in the App knows that his profile, which includes his full name and profile picture, would appear alongside the Report (“Credit”).
4.2 Without derogating from the provisions of articles 10 and 11 below, the users know that NEWSRAEL is not responsible for Reports received from third parties, and the user may rely upon the aforementioned Reports at his own risk exclusively. Without derogating from the generality of the above, the Reports received from the Home Front Command (including “Red Color” alerts) are not a substitute for the official alert system, and wherever an alarm sounds, one should follow the instructions of the Home Front Command.
4.3 The user knows and hereby confirms that any Report delivered to NEWSRAEL by the user may be published subject to NEWSRAEL’s considerations, after examining any such reports, and that NEWSRAEL does not undertake, represent or guarantee that reports delivered to NEWSRAEL by the users would be published on the App and/or on any other media, as sent or with revisions, as described below. The user agrees and confirms that NEWSRAEL shall have the exclusive, absolute discretion with regard to publishing the Reports, and no claim or demand against NEWSRAEL in this regard shall be heard.
4.4 The user knows that NEWSRAEL may refuse to publish, or immediately delete, any report provided by a user for publication, at NEWSRAEL’s exclusive discretion, should NEWSRAEL find out, at its exclusive discretion, that within his activity, the user has violated a provision of the Terms of Use and/or any applicable law. NEWSRAEL may, without derogating from any remedy and/or right granted thereto by any law, prevent the user from publishing further Reports. The user knows and explicitly agrees that NEWSRAEL may use the Reports in any way it sees fit, at its full, exclusive discretion – including editing and/or revising and/or presenting them together with other Reports, elaborating upon them and/or shortening them, as well as engaging in a transfer and/or sale and/or another type of agreements concerning them, with a third party, whether with or without consideration, and incorporating them in the website and/or in any other media or publishing outlet at any time, at its exclusive discretion and as it sees fit.
4.5 The user agrees and confirms that he knows that the App, to which the reports are uploaded, is open to the public. NEWSRAEL and/or its agents, are unable to guarantee that third parties would not use the Reports, including by sharing them in other websites – including social networks such as “Facebook” etc.. In addition, the user knows that the App users may be able to comment (“comment”) upon the Reports presented on the App. The user hereby confirms that NEWSRAEL has no control over such websites and/or the behavior of other users and/or any use of Reports by the public, and NEWSRAEL and/or its agent are not in any way liable or responsible in respect of any damage, loss, cost etc., as will and/or may be incurred by users and/or any third parties as a result of delivering the Reports to NEWSRAEL for publication and/or of the use of the Reports by third parties.
4.6 Any user hereby undertakes to refrain from including any illegal or immoral contents in any Reports or Comments he sends to NEWSRAEL – including contents that are opposed to public policy or that violate these Terms of Use or their purpose, including (and without derogating) contents that are false, misleading, that include corrupted facts, slanderous, offensive, that constitute hate materials (including racist, discriminatory Reports), that violate third-party rights and/or intellectual property rights (including copyrights), pornographic or blatantly sexual, that violate another person’s privacy, that are in bad taste, that contain information concerning minors, identifying them, that contain information or other materials that include a virus or another software that might harm NEWSRAEL’s, or a third party’s computer systems or that might restrain or prevent others from using the App, contents that may not be published by law and/or as determined by a competent authority, contents that derogate from NEWSRAEL’s reputation and/or from the reputation of a person and/or contents that contain hidden advertisement or hidden messages. NEWSRAEL may refuse to publish contents, where in NEWSRAEL’s opinion they violate any of the above conditions and/or may harm NEWSRAEL or any third party. NEWSRAEL may delete such contents at any time, without being required to notify the user of doing so.
4.7 Any user hereby declares and represents that he alone has created the Reports sent to NEWSRAEL or, alternatively, that he holds every license, permit and authorization required to deliver the Reports to NEWSRAEL and to publish them within the App and/or through any other media and/or platform.
4.8 Inasmuch as Reports and/or Comments are considered as “works” under the Copyright Act, the user hereby grants NEWSRAEL an irrevocable, worldwide, cost-free, royalty-free, unlimited and transferable license, upon which NEWSRAEL may grant sub-licenses without limitation and with no time limit – a license to publish the Reports and/or the Comments through the App and/or any other media and/or platform. Apart from giving credit as stated above, every user hereby waives, in NEWSRAEL’s (and/or its agents’) favor, all of his moral rights concerning all of the aforementioned materials.
4.9 The user knows and hereby confirms that NEWSRAEL and/or its agents may (but is not obliged to) alter, edit, copy, process, distribute, quote, publish, broadcast, display or prepare derivative works of any kind or layout, out of the Report delivered to NEWSRAEL by the user, or out of any part thereof, without requiring the user’s permission and at NEWSRAEL’s exclusive discretion.
4.10 Contents in violation of the Terms or Use and/or of any law: In case you find contents that appear to be improper, illegal, immoral and/or in violation of the conditions set forth in article 4.6 above, you are requested to inform NEWSRAEL of the fact, at [email protected] Please refer your messages in this regard to the above email address and not otherwise, as sending a message as above through any other channel might significantly delay the treatment of your message. Within your message, please indicate: (1) the reason for sending the message to NEWSRAEL (for example: copyright violation, slander or a violation of privacy), as well as the circumstances surrounding the offense; (2) please attach a link to your message, to the page containing the contents discussed in your message. Without a link as above, we cannot treat your message; (3) Within your message, please mention your full name and contact information for further inquiries, if needed; (4) please include an express authorization for transferring the particulars stated in the message to the relevant agencies, including to law- enforcement agencies (if necessary), as well as to the user who has uploaded the content, in respect of which your message is sent. Without an authorization as above, we cannot treat your message. Likewise, in case you are required to provide further information, please provide them at your earliest convenience. In the absence of timely response, which might have difficulties treating your message – or its treatment might be delayed. Your messages are important to us and we strive to check all complaints within three (3) working days. Nevertheless, as we want to properly examine each message, it may take us longer to treat your complaint. The contents of your message might compromise third party rights at times, and therefore we might have to verify the situation with them as well. In any case, the company will strive to treat user messages within a reasonable time period after receiving them, with due attention to each message. Please note that even though each message is examined on its merits, not every complaint receives a positive answer. It is important to note that the submission of a complaint message as above constitutes a legal action which carries liability. A user who contacts the company shall be liable towards the company with regard to his message and its consequences.

5. Account and registration for services Some of the services in the App require registration. You may register to some of the services in the App through your private Facebook account (“The Facebook Account”). Information concerning you, which is included in the Facebook Account, might be transferred to us or to our agents. Nevertheless, we clarify that in order to connect the Facebook Account to the App, you will have to consent to that in advance, through a standard confirmation screen operated by the Facebook website. It is your exclusive responsibility to maintain the confidentiality of your account password. You alone are fully responsible for any operation undertaken under your personal username and password. You undertake to inform NEWSRAEL immediately of any unauthorized use of your account.

6. Location data
Some features of the App may collect data, or are location-based (operating on the basis of your geographical location) (“Location Features”). If you agree that the aforementioned Location Features be active, you agree to authorize NEWSRAEL to collect and/or locate your geographical location, and to use it in keeping with the Privacy Policy described in the Terms of Use (as defined below). In case you do not wish to grant NEWSRAEL access to Location Features, you must turn off the geographical location function in your end device, or refuse access to location data when installing the App.

7. Using the App in a vehicle If you are using the App during a trip in any transportation vehicle, you confirm that you are not the driver.

8. Intellectual property
8.1 The Terms of Use only grant a license which in no way constitutes a sale of the App. It is clarified and stressed that all of the ownership and intellectual property rights (including all copyrights, patents and rights over commercial secrets and trademarks) in the App or any part thereof (including the contents (except for user Reports, inasmuch as such are considered as works under the Copyright Act), features, extensions, the App design, its trademarks or in any other operation in the App, which is unique and exclusive with NEWSRAEL) in all of its copies and with regard thereto, exclusively belong to NEWSRAEL, to its related companies and/or to its partners.
8.2 All of the information appearing upon the App is exclusively owned by NEWSRAEL or by a third party that has authorized NEWSRAEL to use it. The information and services provided by NEWSRAEL may not be seen as granting any license or any rights to NEWSRAEL’s (or to any third party’s) intellectual property rights. One may not copy or publish the App pages and/or use them or the information and contents within them in any way, including commercially, without NEWSRAEL’s express, prior written consent.

9. Privacy policy
NEWSRAEL shall use the information concerning you, collected or accessible by NEWSRAEL as a result of your use of the App, according to NEWSRAEL’s Privacy Policy, which is an integral part of the Terms of Use. You agree that any such information concerning you may be used in keeping with the Privacy Policy. You agree that you are providing and/or granting us access to information concerning you, out of your own free will.

10. No representations NEWSRAEL provides the App, as well as any information, contents (including Reports) and services provided through the App AS IS, without any declaration or commitments whatsoever. NEWSRAEL is not obliged to provide any support, maintenance, updates, changes or new versions for the App. It is hereby clarified that NEWSRAEL shall bear no responsibility concerning the contents displayed in the App (whether they originate with NEWSRAEL or with third parties), including their contents, reliability, accuracy and influence upon the users’ computers, tablets, mobile devices and/or other end devices. NEWSRAEL will not be responsible for any damage of any sort or kind, including inconvenience, loss, aggravation etc., as may be caused, directly or indirectly, to an App user and/or his property and/or to any third party as a result of relying upon them and/or using them. NEWSRAEL excludes any express or implied responsibility with regard to the App – including, inter alia, as concerns ownership, marketability, adequacy to a certain purpose or non-violation of third- party rights. You undertake to have no claim or demand against NEWSRAEL in respect of the above. You will therefore use the App at your full, exclusive risk. NEWSRAEL does not guarantee that the use of the App (including the services proposed therein) will be interruption-proof and/or be proof against illegal access to NEWSRAEL’s computers, always available, error- and/or virus-free, or that it will match your requirements, or that any fault or malfunction in the App will be repaired. NEWSRAEL shall not be liable for any damage, direct or indirect, aggravation etc., as may be caused to you or to your property due to this. NEWSRAEL does not undertake to keep proposing the full range of products proposed, or that will be proposed, in the App. Certain services might be removed without prior notice.

11. Disclaimer NEWSRAEL shall bear no responsibility or liability, in any case and due to any legal cause, whether contractual, in torts or any other, towards you or

towards any other person, in respect of any damage or compensation – indirect, special, punitive or incidental of any kind, in the context of using the App or being unable to do so, including (inter alia) damages in respect of compromised reputation, loss of business revenues, loss of business information, termination of work, problems and malfunctions in the computer (tablet, mobile device and/or any App user’s end device), or any other commercial loss or damage – even where NEWSRAEL was notified that such damages are possible. NEWSRAEL shall bear no responsibility in respect of any third-party claim. Without derogating from the generality of the above, NEWSRAEL shall bear no responsibility in respect of the contents included in the App and in any end device in which they appear – their contents, reliability, accuracy and influence upon the user computers, or to any damage, inconvenience, loss, aggravation etc., or to any consequences – direct or indirect – as may be caused to you, to your property or to any third party due to using these contents. Without derogating from the generality of the above, under no circumstances would the maximum aggregate liability incurred by NEWSRAEL (whether contractually, in torts or in any other form of liability) in respect of damages or loss emanating from these Terms of Use or related thereto, including for using or for being unable to use the App, exceed the overall amounts actually and directly received by NEWSRAEL from the user in respect of his use of the App (if any) during the three (3) months immediately prior to the date the claim was presented. Other jurisdictions may not authorize the limitation or the exclusion of incidental or indirect damages, and therefore, under certain circumstances, the above restrictions or exclusions might not apply. The user knows that NEWSRAEL has agreed to engage with the user on the basis of this disclaimer, and that NEWSRAEL relies thereupon.

12. Indemnity
You undertake to indemnify NEWSRAEL, its employees, directors and agent in respect of any claim, demand, damage, loss, loss of profit, payment or cost as they may incur – including legal fees and court costs – due to any violation of these Terms of Use and/or of the law by you, and/or any third-party claim and/or demand in respect of materials you have provided for publication in the App and/or as a result of any other manner of using the App.

13. License termination The license to use the App shall automatically expire should you violate any of its terms and conditions, in which case NEWSRAEL will be entitled to exercise any all remedies available thereto under the law. Wherever the license to use the App is terminated, you shall immediately do the following: (a) cease to use the App, and (b) remove the App from any device in which it is installed, as well as any other storage device in your possession, and destroy every copy of the App in your possession or under your control. Should NEWSRAEL request this, you will confirm within three (3) days having destroyed all of the partial and full copies of the App, as well as any accessorial materials provided by NEWSRAEL or any of its agents. The above clauses titled “Third Party Software”, “Intellectual Property”, “No Representations”, “Disclaimer”, “Indemnity”, “License Termination”, “Apple’s Terms of Use” and “Miscellaneous” shall remain in force also after the termination of the license for whichever reason.

14. No transfer and/or assignment of rights
This license is granted to you personally. You may not transfer it without NEWSRAEL’s express, written permission.

15. Apple’s Terms and Conditions
The following provisions shall apply to any app you will purchase in the iTunes Store (hereinafter: “Software Purchased in the iTunes Store): without derogating from the “Disclaimer” and “No Representations” articles in these Terms of Use, you hereby confirm and agree that: (i) only you and NEWSRAEL – and not Apple Inc. (“Apple”) - are parties to these Terms of Use; (ii) NEWSRAEL and/or its partners – and not Apple – are exclusively responsible for the App and the contents included therein; (iii) NEWSRAEL is exclusively responsible for providing any support and maintenance services for the App, subject to these Terms of Use or as required in the relevant laws; (iv) Apple is not obliged to provide any maintenance or support services in relation to the App; (v) NEWSRAEL is exclusively responsible for any product warranty, whether express or implied by law, in case it is not excluded by these Terms of Use; (vi) wherever this App fails to comply with the terms of the relevant warranty, you may inform Apple of the fact, and Apple will refund the purchase price that you paid for the App through its App Store; to the maximum extent allowed by applicable laws, Apple shall bear no further or other responsibility or liability with regard to the App. Any other claims, losses, obligations, damages, costs or expenses relative to the failure to comply with the terms of the relevant warranty shall only be governed by the provisions in these Terms of Use and by any law that applies to NEWSRAEL as the provider of the App; (vii) you confirm that NEWSRAEL – and not Apple – is responsible for handling any claim filed by yourself or by any third party with regard to the App or to your possession and/or use of the App, including (inter alia, but without limitation): (1) claims due to warranty for defective products; (2) claims due to the App being noncompliant with any legal requirement or relevant arrangement; and (3) claims emanating from legislation protecting consumers, or any similar legislation; (viii) in case a third party files a claim, arguing that the App, or your possession or use thereof, violates the intellectual property rights of a third party, it will not be Apple’s responsibility to investigate, defend, settle the claim or remedy any such violation, as covered in such claims for breach of intellectual property rights; (ix) Apple and its subsidiaries are (third-party) beneficiary of these Terms of Use. Your agreement to the Terms and Conditions within the Terms of Use, vests Apple with the right (and Apple will be seen as having accepted this right) to enforce these Terms of Use against you, as a third-party beneficiary of this agreement; (x) The App will be used subject (also) to the Terms of Use set forth by Apple, including the rules established in the Apple App Store Terms of Use; the aforementioned terms will become binding as of the date on which you agree to the Terms of Use of the App; (xi) the usage license granted herein is limited to a non-transferrable right to use the App on an iPhone, an iPad, and iPod Touch or any Apple product you own or control, which is operated by iOS.
You undertake and represent that (i) you are not located in a country that is subject to a boycott by the US Government, or that was labeled as a State Sponsor of Terrorism by the US Government; and that (ii) you do not appear in the US Government’s Denied Parties or Restricted Parties List. To the extent permitted by the law, in agreeing to these Terms of Use you waive the applicability of any pertinent law that requires that these Terms of Use comply with the Hebrew Language and/or to additional local requirements. In case such waiver is not allowed, you agree to be bound by Apple’s Standard App License for End Users, which is a part of the Apple App Store Terms of Use, as amended from time to time (see the following link: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula)

16. Miscellaneous
16.1 These Terms of Use shall be exclusively governed by the laws of the State of Israel. The competent courts in the Tel Aviv Jaffa region shall have exclusive jurisdiction over any matter pertaining to these Terms of Use and the use of the App.

16.2 NEWSRAEL scrupulously observes the law and respects the App users’ right to privacy and to a good reputation. If you consider yourself harmed by content that was published in the App for any reason whatsoever, including the violation of your legal rights pursuant to the Copyright Law, 5768 – 2007, please contact us and we will strive to treat your complaint as soon as possible.

Complaints as above may be sent through the following channels: Email: [email protected]
Last updated: December 2019
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