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Terms of use

The following constitute the terms and conditions of access and use of this website which shall be deemed to have been read and agreed to if you access and use the website.

1.                Acceptance. By  visiting and/or accessing and/or registering for and/or  using any of the services provided on this website (collectively, and including any and all Content (as defined below) available through the http://www.missgadish.com domain name or any of its sub-sites and/or sub-domains, (the “Website”), You signify Your assent to these terms and conditions (the “Terms of Use”), as shall be updated from time to time, and the Company’s Privacy Policy which is incorporated herein by reference. These Terms of Use constitute a binding and enforceable agreement between Miss Gadish entity (the “Company”), which owns the Website and you, a person accessing and using the Website and the services provided thereon, (the “User”, “You” and “Your”). Please note that to utilize the services provided on the Website or certain parts thereof, You may be required to register as an authorized user on the site. If You do not agree to any of these terms, then please do not use, register for or visit the Website.

2.                Website. These Terms of Use apply to all Users of the Website. Without derogating from the provisions of Section 5 below, the Website may advertise or make available to You services of third parties and/or may contain links to third party websites that are not owned or controlled by the Company. Company has no control over, and assumes no responsibility or liability for any representations made with respect to third party services or the content, privacy policies, or practices of any third party websites. In addition, Company will not and cannot censor or edit the content of any third-party site. In addition, Company does not endorse, recommend or approve any specific third party service or website. By using the Website, You expressly relieve Company from any and all liability arising from Your visit and/or use of any third-party services and/or website, including linking or referring thereto. We strongly encourage You read the terms and conditions and privacy policies of each other third-party services and website that You visit or use as they affect Your rights and liabilities under the law.

3.                Website Access and Use.

3.1       Company hereby grants You a permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of the Website as permitted is solely for Your  personal, non-commercial use; (ii) You will not copy or distribute any part of the Website, the Content therein, and any form and concept embodied therein, in any medium, without Company’s prior written authorization; (iii) You will not alter or modify any part of the Website; and (iv) You will otherwise comply with the terms and conditions of these Terms of Use.

3.2       Registration and Private Information. Use of the Website and associated services or certain parts thereof through the Website, may require initial registration for a user account on this Website (“User Account”). For such purposes, You will be asked and/or required to enter certain information about yourself such as first name and surname; e-mail address; phone number/s; other social media platforms; to mention but a few (“Private Information”). You must ensure that the details provided by You on registration or at any time are correct and complete and must inform the Company immediately of any changes to the information that You provided when registering and creating User Account, by updating Your personal details.

3.3       Password and Security. When you register to use the Website and create your User Account you may be asked to create a password. In case a password is created, You must keep your User Account password and details secure, confidential and must not disclose it or share it with anyone. You must notify the Company immediately of any breach of security or unauthorized use of your User Account. Although Company will not be liable for your losses caused by any unauthorized use of User Account, you may be liable for the losses of the Company or others due to such unauthorized useWithout derogating from provision 4 below, you agree not to use or launch any automated system, including without limitation, “robots”, “spiders,” “offline readers” etc., that access the Website in a manner that sends more request messages to Company’s servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website or other communication systems provided by the Website for any commercial solicitation purposes

3.4       Collection of Information. When You use the Website, Company may collect or receive information You supply and/or submit while using the Website and related services thereon, including without limitation Your Private Information. Any such information may be monitored, retrieved and used by Company for general statistics regarding use of the Website, utilization of services and for purposes of establishing patterns of behavior, manner and fashion of use of the Website by User, to the extent permitted by applicable law and subject to Company’s Privacy Policy, in order to determine popularity of certain features and improve the functionality and the quality of services available on and/or through the Website and for other commercial purposes such as delivering customized content and Advertising Material (as defined below) within the Website to User/s per their specific field of interest.

3.5       Advertising Material. By using the Website User agrees to receive information, texts, advertisements for products and/or services, notices and/or other materials which are uploaded to the Website by the Company (“Advertising Material”). Such Advertising Material may be personalized and assigned to individual User/s to meet specific needs, requirements, according to relevancy as shall be determined by Company at its sole discretion. Such personalization may be based on information, including Private Information, retrieved by the Company resulting from User’s use of the Website. User hereby releases the Company from any and all liability arising from receiving such Advertising Material regardless of their origin, contents and/or their context.

4.                Use Limitations. You may not use the Website for any of the following purposes: (1) Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene or   otherwise objectionable or illegal materials; (2) Transmitting material that encourages conduct which may constitute a criminal offence, result in civil liability or otherwise breaches any relevant law, regulation and/or code of practice; (3) Gaining unauthorized access to other computer systems; (4) Interfering with any other person’s use of the services provided on the Website; (5) Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”; (6) Making and/or transferring and/or storing electronic copies of materials protected by copyright without the express permission of the owner of the material.

Furthermore, You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features of the Website and/or use of Content (as defined below) or enforce limitations on use of the Website and/or the Content.

5.                Third Party Software and websites. Company through its Website may make available to User software, content, and/or services provided and licensed by third parties (the “Third Party Content”). The use of Third Party Content in or with the Website is subject to the applicable licenses, terms of use and conditions of such Third Party Content. In the event that no such third party license agreements exist, the restrictions contained in this agreement shall apply on all such Third Party Content, mutatis mutandis. Company disclaims any warranty or representation with regards to any use of any of the Third Party Content, which use is on an as-is basis.  In as much as the Website contains links to websites which are not operated by the Company (Third Party Websites), the Company and/or the Website shall not bear any responsibility or liability with regards to any such Third Party Websites, their contents, the information presented therein, etc., and any use of the User thereof, and in no event will the Company be liable in any way for any damages of any kind whatsoever resulting from or in connection with any use of any such Third Party Content or Third Part Website or any reliance on any information presented therein, and any such use shall be on User’s own discretion and responsibility.

6.                Submission of User Content on the Website. By providing any content to the Website: (i) You agree to grant Company with a worldwide, royalty-free, perpetual, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate and to create derivative works and compilations in whole or in part; (ii) You warrant and represent that you have all legal, moral and other rights as may be necessary to grant Company with the license as set forth in this Section 6; (iii) You acknowledge and agree that Company will have the right but not the obligation at Company’s sole discretion to refuse to publish or to remove or to block access to any content You provide, at any time and for any reason whatsoever with or without notice.

7.                Intellectual Property Rights. The content of the Website, including without limitation, the text, content of text, software, scripts, graphics, form, illustrations, music or sound, photographs, video and the like (the “Content”) and the trademarks, service marks and logos contained and embodied therein (“Other Rights”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights under Israeli laws, foreign laws and international conventions. Content on the Website is provided to You “AS IS”, without any warranty, for Your information and personal use only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of the Company. Company reserves all rights in and to the Website, the Content and to the Other Rights.

8.                Warranty/Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR ANY OTHER THIRD PARTY WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THIRD PARTY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT OR THIRD PARTY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY OR USER, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

9.                Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS AND AFFILIATES, BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USE OF, THE VISIT IN, THE ENGAGEMENT WITH ANY THIRD PARTY PURSUANT TO USER’S USE OF  ANY INFORMATION AND/OR THE SERVICES PROVIDED HEREIN, AND/OR RESULTING FROM THE LINKING FROM THE WEBSITE, COMPANY’S SECURE SERVERS, THIRD PARTY WEBSITES OR CONTENT, SERVICES OR PRODUCTS ACQUIRED FROM THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, COMPANY IS FOUND LIABLE FOR DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITE AND/OR THESE TERMS OF USE, IN NO EVENT SHALL SUCH LIABILITY EXCEED A TOTAL OF $5,000. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT, IN TORT OR IN GENERAL UNDER APPLICABLE LAW, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. COMPANY MAKES NO REPRESENTATIONS THAT THE WEBSITE IS LEGALLY  OR OTHERWISE APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. THOSE WHO ACCESS OR USE THE WEBSITE MAY DO SO AT THEIR OWN FREE WILL AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.

10.             Indemnity. You agree to defend, indemnify and hold harmless the Company, its parent corporations, subsidiaries and affiliates, officers, directors, shareholders, employees, consultants and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) a violation by You of any term of these Terms of Use; (ii) a violation by You of any third party right, including without limitation any copyright, property, or privacy right, while using the Website or in connection thereto. This obligation for defense, indemnification and holding harmless will survive the termination or expiration of these Terms of Use and Your use of the Website.

11.             General. (i) Any claim or dispute between You and Company that arises in whole or in part from or in connection with the Website or these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the Tel Aviv – Jaffa without giving effect to rules of conflict of laws. These Terms of Use shall be governed exclusively by the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. You agree that the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Israel; (ii) These Terms of Use, together with any other legal notices published by the Company on the Website, shall constitute the entire agreement between You and the Company; (iii) If any provision of these Terms of Use is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect; (iv) No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision; (v) Company reserves the right to amend and/or update these Terms of Use at any time and without notice. Such updated Terms of Use shall be posted on the Company’s Website and Your use of the Website following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms; (vi) These Terms of Use, and any rights granted hereunder, may not be transferred or assigned by You, but may be assigned by the Company without restriction including any claim Company may have against any User.  For any questions, please contact us at hello@missgadish.com.

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