By using, accessing, or making any attempt to use or access www.kh-uia.org.il (the “Site”) and/or any of the services provided therein (the “Services”) you (“User”) undertake to be bound by the terms of these Terms of Use (the “ToU”), and use and access the Site and the Services only in accordance therewith. Keren Hayesod (“KH”) may also provide in addition to these ToU supplemental terms applicable to particular features, content and functionality of the Services or the Site, which are hereby incorporated by reference into this ToU and shall not derogate from the terms provided herein.

By using accessing, or making any attempt to use or access the Site or any of the Services, the User agrees to also be bound by KH’s Privacy Policy , and any additional terms, conditions or policies referenced herein, in the Site, as part of the Services or otherwise by KH (collectively, the “Terms”). If the User does not agree to the Terms, the User does not have any permission to use the Site or any of the Services, and must neither use nor attempt to use the Site and/or any of the Services.

KH, at its sole discretion, may amend the Terms at any time by posting a revised version of the Terms on the Site. Such revised versions shall be binding once posted. User is advised to frequently check the Terms from time to time.

Use or access to the Site and Services by anyone under the age of 18 and/or incapable to enter into a legally binding agreements according to applicable law is unauthorized, unlicensed, and in violation of the Terms.

1.1             Each User  represents and warrants that User:

1.1.1              is authorized to use the Site and Services and any Comments and/or Content (each as defined below) provided therein;

1.1.2              assumes full liability and risk for any interaction with Site, Services, Comments or Content and External Content (each as defined below) provided therein;

1.1.3              will use the Site, Services, Comments Content and External Content in a lawful manner complying with all applicable laws, rules and regulations and these Terms;

1.1.4              will not make available any content (“Prohibited Content”) or take part in an activity (“Prohibited Activity”) that may: (i) be deemed a criminal offense or could give rise to civil liability; (ii) be deemed a violation of any applicable law, regulation or order of any court or tribunal; (iii) affect the security or privacy of Users (e.g. any deceptive means to obtain any information from Users); (iv) contain adware, spyware, scareware or malware viruses, worms, Trojan horses, or any other computer code, files or programs designed to interrupt, hijack, destroy or limit the functionality of the applicable device; (v) use, endorse, promote or advocate adult content, pornography, obscene, excessively profane, abusive, racist, offensive, violence, hate speech, discriminatory, threatening, infringing, excessively violent, religiously insensitive, counterfeiting money, libelous, or harassment of another person; (vi) be misleading, deceptive or false; (vii) violate any third party’s rights (including intellectual property rights); (viii) designated to solicit personal information from anyone under the age of 18; (ix) be considered by KH, at KH’s sole discretion, not in accordance with KH’s values; or (x) be designated to disclose the personal identifying information of any person who has not authorized such disclosure, including, without limitation, any telephone numbers, street addresses, last names, URLs or email addresses of such person;

1.1.5              will not attempt to gain unauthorized access to KH’s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site or the Services, including, without limitation, posting, uploading or otherwise publishing any Comments to or through the Services that contain viruses or other computer code, corrupt files, junk mail, chain letters, unsolicited mass mailing, or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment; and

1.1.6              will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Services and/or the Site, unless expressly permitted by KH in writing.

1.2             KH reserves the right to investigate and take appropriate action (including legal action) in its sole discretion against anyone who posts or engages in any of the foregoing, including without limitation, reporting its Users to law enforcement authorities.

2.1             Information collected. KH collects certain information pertaining the User such information shall be treated and used in accordance with KH’s Privacy Policy.

2.2             Information Provided.

2.2.1              In order to use some of the Services, such as “Donate Online”, “Donate Now to Israel” and/or “Support Israel” (or as may be applicable on the Site), User is required to provide KH with certain information, including for example the User’s name, email address, country and city, and User may at its discretion make available further information, including for example the User’s phone number, Comments and/or a tribute to someone (“Tribute”) User wants to honor with a Donation, as defined below.

2.2.2              Certain information made available by the User (including on platforms such as Facebook and Twitter) will be viewable by the general public. User hereby provides KH with his unconditional consent to use information made available by the User, including on other Internet platforms, in accordance with the terms of the Privacy Policy. User may, however, disable this option at any time via the User’s preferences page. For any support issues User is invited to contact KH at [email protected]

2.3             It is clarified that while the User is under no obligation to submit or allow the collection of any information, some of the Services may not be made available if applicable information is not submitted/collected.

3.1             KH hereby grants User during the Term (as defined below) a limited, fully revocable, personal, non-commercial, non-transferable, non-exclusive and non-sub-licensable license to use the Site only for the purpose of using the Services in accordance with the Terms.

3.2             During the Term KH may from time to time provide User with updates, modification or upgrades of the Site and/or the Services (each an “Upgrade”). Upgrades shall be considered to be part of the Site or Services and the Terms shall apply to any Upgrade accordingly. User hereby authorizes KH to provide it with Upgrades and acknowledges that each Upgrade may be provided automatically. It is hereby clarified that KH has no obligations to make any Upgrades or provide it to any and/or all Users and that such Upgrades will be distributed at KH’s sole discretion.

3.3             Any rights to Content, Comments, the Site, the Services and any portion thereof, not expressly granted hereunder are reserved by KH. Except as expressly approved in advance and in writing by KH, User may not, nor may User enable anyone else to, directly or indirectly, access, use, copy, distribute, display, reverse engineer, decompile, disassemble, create derivative works, modify, translate, create and/or transfer any copies of the Site, Services, Content or Comments, remove any identification, including copyright, trademark, patent or other notices, contained in or in connection with any of the foregoing or derive the source code of any software associated therewith.

3.4             Many of the trademarks, service marks, and logos displayed on this website, including “Keren Hayesod – United Israel Appeal” and the KH’s logo, are registered or unregistered trademarks of KH. User may not use the KH’s trademarks without prior written permission. Trademarks of third parties may also be displayed on the Site. User agrees that nothing contained in the Site shall be construed as granting a license to use any trademark displayed on the Site without the prior written permission of the owner of the trademark.

3.5             KH may, at any time, at its discretion, and without any notice (i) terminate, suspend or block the Site and/or Services (even if previously approved and/or operated) with respect to one or more User(s); and/or (ii) terminate the Terms, including but not limited to cases in which KH suspects a User to be involved in (a) impersonating someone else, (b) a breach of the Terms (c) Prohibited Activity; or (iv) making available Prohibited Content. User hereby irrevocably waives any claim in this respect.

4.1             As between KH and User, each User owns any and all information, comment, Tribute, text, data, links, likes, shares, tweets and any other content User submits, posts or otherwise distributes or makes available on or through the Services (the “Comments”). Each User may submit, post, and otherwise distribute Comments to or through the Services, solely in accordance with the Terms.

4.2             By posting or otherwise making User’s Comments available on the Site or Services, each User explicitly (i) consents that KH and other Users may freely use, access, display, view, store, and download such Comments, and post or forward such Comments to others who may or may not be Users; and (ii) grants and represents and warrants that User has all necessary rights to grant to KH a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all User’s rights in the Comments (including moral rights) for all purposes, including but not limited to, the rights to use, copy, reproduce, process, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, and perform such Comments and to incorporate such Comments into other works in any form, media or technology; and (iii) permits KH to identify User as the provider of such Comments in any form, media, and technology. KH undertakes to consider the removal of Comments made available by User if required to do so in writing according to the Content Removal Policy set forth on Section ‎13 below.

4.3             Each User further represents and warrants that (i) User’s Comments will not contain Prohibited Content or promote Prohibited Activity; (ii) User will not post any content for advertising or promotional purposes; (iii) User will be solely liable with respect to Comments User makes available on the Site and/or the Services; and (iv) KH has no liability or responsibility for the storage, deletion, or other use of any Comments that User makes available.

4.4             All content made available on or through the Services (other than each User’s Comments and only with respect to the Comments made available by such User), including but not limited to content made available on the Site (e.g. under “View KH News”, “Our Mission”, “Keren Hayesod News Blog”, “Israel Online”, “Leave your Legacy”), which may include without limitation, comments, information, news, descriptions of projects and events, phone numbers, addresses, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or Comments, associated technology and software, and the look and feel of the Services (collectively, the “Content”), are the proprietary property of KH. Each User agrees not to reproduce, modify, copy, reverse engineer, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Services or Content, in any form or by any means, in whole or in part, without KH’s express written permission, and any such use is strictly prohibited, except in regards to each User’s own Comments posted on the Services in accordance with the Terms or as expressly allowed in the Terms. Unless a User received specific written permission from KH, User may not: (i) impose editorial comment, commercial material, or any information or content on, or in proximity to, Content or Comments displayed on the Services; (ii) alter or modify, including preparing derivative works based on, any Content on the Services; or (iii) remove or obscure any copyright or other proprietary notices from the Content.

4.5             Each User acknowledges that Content, External Content and Comments are not necessarily reviewed or screened by KH. However, KH reserves the right (without assuming any liability), at its sole discretion, to screen, monitor and review Content, External Content and Comments, as well as to edit, restrict or remove any such Content, External Content and Comments.

4.6             The Content and Comments provided on the Services are gathered from a variety of sources and are intended solely as general information. Inclusion of any Content or Comments on the Services does not constitute or indicate KH’s endorsement, representation or warranty of such information (which may include organization descriptions, missions and Donation amounts), or its accuracy, completeness, or timeliness.

4.7             KH tries to ensure that the Content is accurate and up to date, but this cannot be guaranteed. Changes may be made to projects, courses, services and other matters, which are not noted or recorded on the Site.

4.8             There is always a risk attached to using or downloading materials from the internet. User is advised to ensure that anything he/she downloads from the Site checked for viruses and other malicious software.

5.1             The Site, Services, Comments and Content may contain links to third-parties, products and/or services and/or access to individuals that are not owned or controlled by KH (the “External Content”). KH is not responsible (including for any loss or damage of any sort) in connection with such External Content.

5.2             User is advised that such External Content may be subject to further licenses, agreements, terms of use, policies (such as privacy policies) and other conditions concerning such content or services provided therein. KH does not control and KH is not responsible for the conduct or practices of any third party that makes any External Content available (including any products or service provided and/or offered therein).

5.3             All rights in and to the aforesaid External Content, including all copyright, patent trademark, trade secret and other intellectual property rights protected by applicable laws are reserved and remain with such third parties and each User hereby agrees that such third parties may enforce their rights against any User directly in their own name. It is clarified that the restrictions set forth in Section ‎4.4 shall also apply to the External Content.

5.4             KH makes no representation or warranty of any kind, either express or implied, regarding any External Content including such content’s non infringement of third parties’ rights, accuracy, usefulness, safety of use or compliance with applicable law. Each User hereby waives any and all claims and causes of action against KH in connection with any loss or damage User may suffer as a result of, or in connection with any External Content.

             Each User may choose to make a Donation, as defined below, via the Site and/or the Services.

6.1             General Donation. User may choose to donate a certain amount of money in US$ via “Donate Online” or “Donate Now to Israel” (or as may be applicable on the Site) (“General Donation”). User acknowledges that User’s General Donation is not designated for a specific purpose, project or mission, the Donation is not contingent upon the occurrence of any event and KH may direct the Donations to any purpose, mission or project it deems fit, at its sole discretion. KH does not undertake to review any or all Comment or Tribute made by User in connection with a Donation nor to take any such Comment or Tribute into consideration with respect to the placement of such Donation.

6.2             Designated Donation. User may choose to donate a certain amount of money in US$ via “Support Israel” (or as may be applicable on the Site) and specify a certain project in the donation details (the “Project”), e.g. Educational Youth Villages, which User wants to support with User’s donation (“Designated Donation”, together with the General Donation, the “Donation”). In this case KH undertakes that the Donation will be designated for the Project which appears in the “Project” field of the donation details. User acknowledges that while User can choose a specific Project for its Designated Project, User cannot influence the actual way User’s Designated Donation is used within a certain Project, e.g. whether school books are bought or furniture, and KH can use the donation amount at its sole discretion within the Project. KH does not undertake to review any or all Comment or Tribute made by User in connection with a Donation nor to take any such Comment or Tribute into consideration with respect to the placement of such Donation within the Project.

6.3             With respect to each Donation (General and/or Designated) User makes, KH will provide User by email with a certificate of honor, showing the User’s name and Tribute, and invoice.

7.1             In the event that a User decides to make a Donation, such User will be directed to a Payment Service Provider (as defined below) for such purposes. Use of the Payment Service Provider’s services may also require registration and the provision of other valid information, including as appropriate, a valid payment instrument. Payment Service Provider’s services are External Content.

7.2             It is clarified that the information gathered by Payment Service Providers may be provided to KH. User undertakes to provide Payment Service Providers correct, current, complete and accurate information and maintain it as correct, current and accurate.

7.3             KH and/or the Payment Service Provider may delay or refuse to process suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms as determined in KH and/or the Payment Service Provider’s sole and absolute discretion.

7.4             Credit card payment processing services for KH’s Users on the Services are currently provided by Tranzila.com (“Tranzila”). Payment may also be made via PayPal, Inc. (“PayPal”, together with Tranzila, the “Payment Service Provider”). Payments are subject to the Payment Service Provider’s terms, agreements and/or policies (the “Payment Service Provider Agreement”). It is clarified that KH may change or add Payment Service Provider at any time (and without notice). KH is not responsible and makes no guarantee regarding the performance or fairness of the Payment Service Provider or any third party credit card processing or third party payment services.

7.5             The Payment Service Provider may charge a fee in connection with the debiting or charging of the payment instrument resulting from User’s Donation. Each User may consult the Payment Service Provider Agreement for more information about any such fees.

7.6             If a User believes that there has been an error or unauthorized transaction involving a Donation, such User is hereby requested to notify the Payment Service Provider in accordance with its procedures. In cases KH deems it appropriate, KH will make reasonable efforts (without incurring any liability) to assist such User with such request in accordance with this TOU. Users are specifically instructed to verify any Donation amount(s) designated by User on the Site are aligned to those processed by the Payment Service Provider.

8.       Indemnity. Each User agrees upon KH’s first demand to indemnify, defend, and hold KH and its parent, subsidiary, respective officers, directors, owners, employees, consultants, agents and representatives (collectively, “Affiliates”) harmless from any and all claims, losses, damages, liabilities, actions, or demands, and associated costs and expenses (including without limitation attorneys’ fees) arising out of User’s: (i) Comments; (ii) use of the Services; (iii) interaction with other Users or third-parties on the Services; (iv) violation of the Terms; or (v) violation of any third party’s rights (including intellectual property or privacy rights). KH reserves the right, at such User’s expense, to assume the exclusive defense and control of any matter subject to indemnification by the Terms. The defense and indemnification obligations herein will survive any expiration or termination of the Terms. User shall cooperate fully as reasonably required in the defense of any claim.

9.       Disclaimer of Warranties. EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT ARE PROVIDED “AS IS”, “WITH ALL FLAWS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND ANY USE THEREOF IS MADE ENTIRELY AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABALE LAW, KH AND ITS AFFILIATES DO NOT REPRESENT, GUARANTEE OR WARRANT THE ACCURACY, LEGALITY, APPROPRIATENESS, TRUTHFULNESS, OR OTHER QUALITIES OF THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT OR ANY RELATED SERVICES. KH HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW: ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY OTHER WARRANTIES INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED USE, AVAILABILITY OF THE SERVICES, LACK OF VIRUSES, WORMS, TROJAN HORSES, OR CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT. KH IS NOT ENGAGED IN THE PROVISION OF LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE OR SERVICES AND USER(S) AGREE THAT KH DOES NOT PROVIDE ANY LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE. IF USER IS IN NEED OF SUCH SERVICES, USER SHOULD CONTACT THE APPROPRIATE LICENSED AND QUALIFIED PROFESSIONAL.

10.1         TO THE MAXIMUM EXTENT ALLOWED BY LAW, EACH USER AGREES THAT NEITHER KH, NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE, EXEMPLARY, SPECIAL DAMAGES, OR INCIDENTAL DAMAGES, COSTS, LOSSES OR LIABILITIES,WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF DATA, DELETION OR FAILURE TO STORE EMAIL MESSAGES, DAMAGE TO USER COMPUTER SYSTEMS); AND (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES, THAT ARISE OUT OF OR ARE RELATED TO: THE TERMS, THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT (INCLUDING USER’S USE OR INABILITY TO USE ANY OF THEM), INCLUDING THE MODIFICATION, ALTERATION, OR TERMINATION OF THE TERMS, THE SITE, SERVICES, COMMENTS, CONTENT AND EXTERNAL CONTENT OR USER’S ACCESS TO ANY OF THEM; FALIURE EVENTS; DONATIONS; OR ANY USER’S BREACH OF THE TERMS, EVEN IF KH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT, OR STRICT OR PRODUCT LIABILITY.

10.2         SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, KH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

10.3         ANY CLAIMS ARISING FROM KH MUST BE BROUGHT WITHIN FOUR (4) MONTHS OF THE DATE ON WHICH LIABILITY AROSE.

10.4         EACH USER AND KH ACKNOWLEDGES THAT KH AND EACH USER HAS ENTERED INTO THE TERMS RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

11.1         The Terms shall enter into force and effect as of the date a User makes any attempt to use or access the Site or any of the Services, and shall continue to be in force and effect until termination by KH or User according to the terms provided herein (the “Term”).

11.2         KH reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate the Terms and/or each User’s access to all or a portion of the Site or any of the Services. KH may, at any time, remove any Service, Content and/or Comments from any of the aforesaid, for any reason (including in case of User’s breach of any of the provisions of the Terms). Without derogating from the foregoing KH reserves the right to immediately terminate or suspend the Services and/or the Terms, without liability, if it believes that the User use of the Services committed a breach of the Terms and/or any applicable law.

11.3         Each User can terminate these Terms by (i) providing KH with written notice (with respect to this section e-mail shall constitute written notice); and (ii) ceasing to make any use of the Site and any of the Services, Comments, Content or External Content. In such case the Terms shall terminate once all Donations (then submitted) have been processed to the complete satisfaction of KH. Sections 1, 2.2, 2.3, 3.3, 3.4, 4, 5, 8-10, 11.3, 12-14 (inclusive) shall survive any termination or expiration of the Terms. KH’s failure to act with respect to a breach by User(s) or others does not waive KH’s right to act with respect to any subsequent breaches.

12.   Unsolicited Idea. KH is always pleased to hear from its Users, and welcome their comments or suggestions (“Ideas”). However, projects, events, services, and features developed by KH or its Users might be similar or even identical to an Idea received by KH or its Users. When KH refers to an “Idea” in this paragraph, KH means: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the Services or to KH. With regard to such Ideas User represents and warrants that (i) such Ideas are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary; (ii) KH and its Users will have no express or implied obligation or liability of any kind concerning the Ideas, including, for example, any use or disclosure of the Ideas; and (iii) KH and its Users are entitled to unrestricted use or disclosure of the Ideas for any purpose whatsoever, all without compensation to the User that submitted the Idea.

13.1             If a User believes that certain Content and/or Comments, which appears on the Site and/or Services, infringes upon User’s rights, such User may send KH’s designated agent, whose contact details set forth on Section ‎13.6 below (the “Agent”) a written notification, stating the location of the claimed content on the Site and/or Services. Upon such notification, KH may remove or disable access to any such content.

13.2             To be effective, such notification of claimed infringing content must be a written communication provided to the Agent that includes substantially the following (the “Communication”):

13.1.1           A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

13.1.2           Identification of the right claimed to be infringed, or if multiple rights are covered by a single notification, a representative list of such rights;

13.1.3           Identification of the material that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and information reasonably sufficient to permit KH to locate the material;

13.1.4           Information reasonably sufficient to permit KH to contact such complaining User (address, telephone number and e-mail), at which such User may be contacted;

13.1.5           A statement that such complaining User has a good faith belief that the use of the material in the manner complained of is not authorized by its owner, its agent, or the law; and

13.1.6           A statement that the information in the Communication is accurate, and under penalty of perjury, that such User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

13.3             Following receipt of the Communication, KH may ask the complaining User to provide further or supplemental information, prior to removing any Content and/or Comments which was displayed on the Site and/or Services, as KH deems necessary. KH may also provide the User who made available the allegedly infringing content (the “Alleged Infringing User”) with the complaining User’s contact details, in order for the Alleged Infringing User to be able to contact the complaining User directly.

13.4             The Alleged Infringing User may submit a counter notification to the Agent. To be effective, such counter notification must be a written communication provided to the Agent that includes substantially the following:

13.1.7           The Alleged Infringing User’s physical or electronic signature;

13.1.8           Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;

13.1.9           A statement under penalty of perjury that the Alleged Infringing User has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled; and

13.1.10       The Alleged Infringing User’s name, address, and telephone number, and a statement that such User agrees to the jurisdiction of the appropriate court located in Tel Aviv, Israel, and that the Alleged Infringing User will accept service of process from the complaining User or an agent of such person.

13.5             After receipt of a counter notification as set forth in Section ‎13.4 above, KH will promptly provide the complaining User with a copy of such counter notification, and will inform that person that KH will replace the removed material or cease disabling access to that material within 10 business days. KH will then replace the removed material and cease disabling access to it within 10 business days following receipt of such counter notice, unless the Agent first receives notice from the complaining User that such User has filed an action seeking a court order to restrain the Alleged Infringing User from engaging in infringing activity relating to the Site and/or Services.

13.6       The Agent is Roi Belitsky, 48 King George St. Jerusalem, Israel. Tel: 02-6701854

               E-mail: [email protected]

14.1             Invoices and Taxes. When User makes a Donation, the Payment Service Provider will issue such User a receipt in accordance with applicable law. KH makes no representation regarding the tax implications of making a Donation or purchasing an Item. The reporting and payment of any applicable taxes or tax related matters arising from the use of the Service is in User’s responsibility and KH and/or the Payment Service Provider may withhold any part of the Donation until User will settle such tax matters.

14.2             Entire Agreement. The Terms, as amended from time to time, and any other written agreements KH enters into with its Users, constitute the entire agreement between Users and KH.

14.3             Jurisdiction; Governing Law. Any disputes arising under or related in any way to the Terms, the Site, any of the Services, Comments, Content or External Content shall be governed by the laws of the State of Israel without regard to its conflict of law provisions and the parties hereto hereby consent to the exclusive jurisdiction of the applicable courts of Tel Aviv, Israel. The UN Convention on Contracts for the International Sale of Goods shall not apply.

14.4             Assignment. User may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without KH’s prior written approval and any such attempted assignment shall be void. KH may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason. Subject to the foregoing, this Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

14.5             Relationship of the Parties.

14.5.1           User and KH are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the Terms.

14.5.2           Both parties specifically agree that any person or entity who is not a party to the Terms shall have no rights hereunder including with respect to the enforcement of any of the Terms neither as a third party beneficiary nor otherwise.

14.6             Notice. KH may deliver any notice required by the Terms via SMS, e-mail, pop-up window, dialog box or other instrument, even though User may not receive the notice unless and until such User will activate the Services. Any such notice will be deemed delivered on the date KH first makes it available through the Services, irrespective of when User actually receives it. Any notice by the User must be provided in writing to: 48 King George St., Jerusalem, Israel. Any information, notice or instructions provided by the User hereunder shall be provided only in the English language.

14.7             Force Majeure. KH will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control, such as fire, storm, flood, earthquake, strikes, act of terrorism, downtime of infrastructure used in connection with the Services (such as servers downtime, communication lines, etc.).

14.8             Miscellaneous. The failure of KH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of this Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.