1. License to install and use the App
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.
4. Reports received from third parties
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.
4.5 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.
4.7 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
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
8.2 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.
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
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
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