The following Terms of Use (“Agreement”) govern your use of the www.TheJudean.com website, which includes news content, service, and interactive features, and TheJudean.com mobile application (collectively, the “Website”). The Website is owned and operated by Optimatium Media Group, Ltd ("OMG"). Please read this document carefully.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.
The Judean RESERVES THE RIGHT, AT ANY TIME, WITHOUT NOTICE, AND AT ITS SOLE DISCRETION, TO UPDATE OR MODIFY THIS AGREEMENT BY POSTING SUCH CHANGE, UPDATE, OR MODIFICATION ON THE WEBSITE. ANY SUCH UPDATE OR MODIFICATION WILL BE EFFECTIVE IMMEDIATELY UPON POSTING.
ANY MATERIAL (REALLY IMPORTANT) CHANGES TO THIS AGREEMENT WILL ONLY APPLY PROSPECTIVELY. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR ANY SERVICES OR FEATURES OFFERED ON THE WEBSITE MEANS THAT YOU ACCEPT ANY MODIFICATIONS TO THIS AGREEMENT.
The Judean also may in its sole discretion and at any time discontinue providing the Website or services available through the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or Content, or your User Content under any provision of this Agreement, may be effected without prior notice to you, and you acknowledge and agree that The Judean may bar any further access to the Website, including the Content and your User Content. Further, you agree that The Judean shall not be liable to you or any third-party for any termination of access to the Website.
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH The Judean. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
I. OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and content (Content) published on the Website is protected by applicable intellectual property laws and is owned or licensed by The Judean or its licensors. The Judean grants you a limited right to access and use the Website. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the Content or software contained on, or comprising, the Website without seeking prior written permission from The Judean. You are also restricted from using any automated or manual device or process to copy, monitor, index, or data mine the Website. The Judean, its respective logos, trade dress, and the graphics and layout of the Website are the registered and/or unregistered service marks, trademarks, and/or trade dress of The Judean and may not be copied, imitated, or used, in whole or in part, without The Judean’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Website are the property of their respective owners.
The Judean reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that The Judean shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
II. ACCOUNTS/PROFILES
Certain features offered on the Website may require you to register as an authorized user (including setting up a username and password). Currently, if you desire to register for The Judean Social Reader service, offered by The Judean, you may log in via Facebook Connect, using your existing Facebook account and log-in credentials. You may also log in to post comments, or share articles, via your Facebook, Twitter, Google+, LinkedIn, Disqus, or another third-party account (collectively, “third party accounts”). In the future, we may permit additional login methods. Currently, when you log-in using via your third-party account, you must grant us permission to access certain information from these third-party accounts. For more information on how we use and disclose the information we collect, including the information we collect about your Facebook account, please see our Privacy Policy.
You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone else’s username and password at any time. The Judean cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree to notify us if any of your log-in information is lost, stolen or disclosed to an unauthorized third party, if there is any unauthorized use of your account on this Website or if you know of any other breach of security in relation to this Website.
III. INTERACTIVE FEATURES; USER CONTENT
The Website provides information for the benefit of users. Certain areas of the Website allow users to post, upload, submit or otherwise make available content such as blogs, profiles, photo albums, video galleries opinions, messages, comments, graphics, sounds or material (“User Content”). However, The Judean does not guarantee the truthfulness, accuracy, or validity of any User Content on the Web Site.
You may not submit any User Content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others, or that otherwise violates the User Conduct section of this Agreement.
The Judean reserves the right to refuse, delete or remove any User Content that it considers inappropriate or otherwise objectionable, in its sole discretion. The Judean, however, assumes no responsibility for monitoring or policing the Website for inappropriate User Content or conduct. If at any time The Judean chooses, in its sole discretion, to monitor the Website, The Judean will assume no responsibility for the User Content on the Website, no obligation to modify or remove any inappropriate or otherwise objectionable User Content on the Website, and no responsibility for the conduct of any user submitting such User Content.
By submitting User Content to or through the Website, you expressly grant The Judean a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferrable license (including the right to sublicense through multiple tiers) to use, publish, transmit, modify, reproduce, display, distribute, process, adapt, publicly perform, publicly display, prepare derivative works from, and distribute your User Content, derivatives, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use your User Content.
You acknowledge that you are solely responsible for the User Content you post on or through the Website and the consequences of posting such User Content. By posting such User Content, you represent and warrant to us that you have the necessary licenses, rights, consents, and permissions to enable the inclusion of the User Content in the manner contemplated by this Website and this Agreement. You agree that you will not post User Content that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission from their rightful owner to post such User Content. You agree to pay for all royalties, fees, damages, and any other monies owing to any person by reason of any User Content posted by you to or through this Site.
The Judean may use e-mail validation or other confirmation or validation methods to reduce “comment spam.”
IV. USER CONDUCT
By accessing and using the Website, you agree that you will: (i) comply with all applicable local, state, national, and international laws and regulations that govern your use of the Website; and (ii) provide truthful and accurate information about your identity if you choose to register on the Website.
You also agree that you will NOT:
disrupt or interfere with the security or accessibility of the Website or any services offered in connection with the Website;
transmit any obscene or otherwise objectionable User Content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Website;
reproduce, duplicate, copy, sell, resell, use or exploit any portion of the Website for a commercial purpose, unless specifically authorized by The Judean;
attempt to gain unauthorized access to the Website.
defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
use racially, ethnically, or otherwise offensive language.
use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
post anything that exploits children or minors
post anything that depicts cruelty to animals.
post any copyrighted or trademarked materials without express permission from the owner.
disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters,' ‘pyramid schemes’, or any other form of such solicitation.
use any robot, spider, scraper, or other automated means to access the Site.
take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
alter the opinions or comments posted by others on this Site.
use the Site for unintended purposes or try to change the behavior of the Site;
attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempt to interfere with service to any user, host or network including, but not limited to, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or
take any action that may otherwise harm, disrupt or overburden the Site, or harm another user of the Site.
This list of prohibitions provides examples and is not complete or exclusive. The Judean reserves the right to (a) terminate access to your account, your ability to post to this Website, and (b) refuse, delete or remove any User Content with or without cause and with or without notice, for any reason or no reason, or for any action that The Judean determines is inappropriate or disruptive to this Website or to any other user of this Website. The Judean may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, The Judean will cooperate with law enforcement agencies in any investigation of alleged illegal activity.
V. CHILDREN UNDER 13
The Website does not target nor is it directed to children under 13, and The Judean does not knowingly collect or solicit personally identifiable information from or about children under 13. If we discover that we have received any personally identifiable information from a child under 13, we will delete such information from our servers and records promptly.
VI. COPYRIGHT
A. Copyright Infringement Notification
The Judean respects the intellectual property rights of others. If you believe that the Website contains Content or material that infringes a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated Digital Millennium Copyright Act (DMCA) agent as specified below:
Attn: Copyright Agent
Optimatium Media Group
Almogan Street, 8
Modiin, Israel 71702
To be effective under the DMCA, the Notification must be a written communication sent to The Judean’s designated agent and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work claimed to be infringed;
Identification of the material that is claimed to be infringing in sufficient detail for The Judean to be able to identify the claimed infringing material;
Contact information for the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of a valid Notification from a copyright owner, which contains all of the required information described above, The Judean will remove or disable access to the material contained on the Website that is alleged to be infringing.
B. Counter-Notification
If material or content that you have created, developed or posted has been removed or disabled by The Judean after it receives a Notification meeting the requirements described above, you may ask that the content be restored by sending The Judean a Counter-Notification. The Counter Notification must include substantially all of the following:
A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. The Judean requests that complete URLs for each instance of the affected material be provided;
A statement that the information in the Counter Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner; and
Your name, address, and telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial District in which the address is located, or if your address is outside of the United States, for any judicial district in which The Judean may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
After receipt of a valid Counter Notification meeting the requirements described above, The Judean is required to:
Promptly provide the person who provided the Notification with a copy of the Counter Notification, and inform that person that The Judean will replace the removed material or cease disabling access to it in 10 business days; and
Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless The Judean’s designated copyright agent first receives notice from the person who submitted the Notification that such person has filed an action seeking a court order to restrain the other user from engaging in infringing activity relating to the material on The Judean’s system or network.
VII. ADVERTISING AND PROMOTIONS
You understand and agree that some or all of the Website may include advertisements, contests, sweepstakes, or promotions and that these advertisements, contests, sweepstakes, or promotions help The Judean operate the Website. We will use the information that we collect from you related to such advertisements, contests, sweepstakes, or promotions in accordance with our Privacy Policy.
Third parties not affiliated with The Judean may also offer contests, sweepstakes, or promotions on the Website. If you choose to correspond with, order, or pay for goods and services, or participate in contests, sweepstakes, or promotions offered by third parties, there will be other terms, conditions, warranties, or representations that will apply. You agree that The Judean shall not be responsible or liable for any loss or damage of any sort related to your dealings with such third parties.
We participate in affiliate advertising and allow affiliate links to be encoded on some of our pages. This means that we may earn a commission when you click on or make purchases via affiliate links and affiliate partners may use cookies to understand your use of the Services.
VIII. SUBSCRIPTIONS & PAID PRODUCTS
We reserve the right at any time to charge fees for certain services and for access to certain portions of the Website or the Website as a whole (“Premium Services”). We will not charge you for Premium Services unless we obtain your prior agreement to pay any charges. Thus, if at any time we require or change a fee for Premium Services, we will give you thirty (30) days advance notice of such fees. Any new fees will be posted prominently on the applicable The Judean Website and/or through an email address that we have in our records for you. You are responsible for paying all fees and charges, including all applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred.
We reserve the right to offer signup discounts for our Premium Services, however subscription renewals will be at the term’s full price, unless otherwise noted at the time of signup.
We reserve the right to make changes to our Premium Services at any time and without notice, including the addition and/or removal of products and benefits, as well as changing or eliminating the prices charged.
We reserve the right to suspend or terminate access to any Premium Services at any time. Furthermore, no credit or refund will be offered if Premium Services is/are temporarily unavailable.
You may cancel your account at any time but when you cancel your access and/or subscription to a Premium Service you cancel only future charges and we will not offer you a refund of any payments that have already been made for said paid product.
IX. INDEMNIFICATION/ DISCLAIMER OF WARRANTIES AND LIABILITY
You agree to indemnify and hold The Judean, its subsidiaries, affiliated companies, officers, directors, shareholders, predecessors, successors interest, agents, employees, partners, and licensors, harmless from and against any claim, demand, loss, liability, or expense, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post, transmit or otherwise make available through the Website, your access or use of the Website, your violation of this Agreement, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Judean DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The Judean PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEBSITE OR THE CONTENT PROVIDED ON THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL The Judean BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEBSITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, The Judean’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
X. VIOLATION OF THIS AGREEMENT; TERMINATION OF ACCESS
You agree that The Judean may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Judean, for which monetary damages would be inadequate, and you consent to The Judean obtaining any injunctive or equitable relief that The Judean deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Judean may have at law or in equity.
The Judean may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Judean’s rights or property, or the rights or property of visitors to or users of the Website, including The Judean’s customers.
If The Judean does take any legal action against you as a result of your violation of this Agreement, The Judean will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Judean. You agree that The Judean will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
XI. LINKING
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Website on the condition that the link does not portray The Judean in a false, misleading, derogatory, or otherwise defamatory manner.
XII. LINKS TO THIRD-PARTY WEBSITES
The Website may contain links to other websites owned or operated by non-affiliated third parties. The Judean is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Website – this Agreement no longer applies. The Judean is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.
XIII. Feedback
If you send or transmit any communications, comments, questions, suggestions, or related materials to The Judean, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and The Judean is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that The Judean is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
XIV. Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at
Please read this Provision carefully. It provides that all Disputes between you and The Judean shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunities to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “The Judean” means The Judean and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and The Judean regarding any aspect of your relationship with The Judean, whether based on contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as The Judean’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
XV. GOVERNING LAW
This Agreement shall be governed in accordance with the the laws of the State of Israel, the European Union and applicable international digital communication laws, without regard to choice or conflict of law provisions. Except for disputes subject to arbitration as described above, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Jerusalem, Israel for resolution of any disputes arising out of or relating to this Agreement or your use of the Website.
XVI. PRIVACY
The Judean’s Privacy Policy applies to use of this Website, and its terms are incorporated into this Agreement by reference. To view The Judean’s Privacy Policy, click here. If you choose to provide The Judean with any personal information, The Judean will handle your information according to the terms of its Privacy Policy. The Judean is not responsible for any personally identifiable information that you choose to affirmatively post or provide on the Website.
XVII. WAIVER AND SEVERABILITY OF UNENFORCEABLE PROVISIONS
If The Judean does not exercise or enforce any right under this Agreement, it doesn’t mean that it waives such right. Likewise, if a court holds that any portion of this Agreement is unenforceable, that portion shall be deemed severable from rest of this Agreement and the fact that it is unenforceable will not affect the validity and enforceability of the remaining provisions.
XVIII. OPINION DISCLAIMER; NO AGENT RELATIONSHIP
The views expressed in the articles labeled “Opinion” on this domain are those of the authors alone. They do not represent the views and opinions of The Judean, or its staff.
XIX. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and The Judean with regard to your use of the Website. Any and all other written or oral agreements or understandings previously existing between you and The Judean with respect to your use of the Web Site are hereby superseded and canceled. The Judean will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected.
XX. CONTACT
If you have any questions about this Agreement, please contact us by e-mail at:
The Judean
c/o Optimatium Media Group
Almogan 8
Modiin, Israel 71702
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE