Jerusalem.com Terms and Conditions of use
Jerusalem.com Guide Ltd., an InternetDominion.com Company, (“Jerusalem.com”, or “us”, “our”, “we”) provides through our website (the “Site”) various services relating to the city of Jerusalem including, without limitation, virtual tours, videos, games, booking services for various services such as hotels (collectively, the “Services”). These Terms of Service (“Terms”) govern your access and use of the Site and Services. “You” or “Your” means an adult user of the Site and Services, or as the parent or guardian of any minor whom you allow access the Site and its Services and for whom you will be held strictly responsible. To the extent you book any travel products or services on this Website, you agree that these Terms shall apply to all such transactions.
Please read these Terms carefully. These Terms govern your access to and use of the Site and Services. You must accept these Terms prior to using the Site and Services. By using the Site and Services (including all Content (defined below) available through the Site), you signify your assent to both these Terms and our Privacy Policy, which is available at http://jerusalem.com/privacy (the “Privacy Policy”). Changes may be made to these Terms from time to time. Your continued use of the Site and Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not make any use of the Site and Services.
Use of Site
Jerusalem.com allows you to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use of the Site, Services or Content.
Use of and access to the Site or Services is void where prohibited. By using the Site, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, or else, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party; (e) you will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act; and (f) you will inform such other person about the terms and conditions that apply to the reservations you have made on his or her behalf, including all rules and restrictions applicable thereto
You may not use any or all of the Content (as defined below) in order to create a database, whether in print or electronically.
You may not make any speculative or fraudulent hotel reservation in anticipation of demand.
You acknowledge that Jerusalem.com may, in its sole discretion and at any time, discontinue providing the Site and/or Services or any part thereof without notice.
The Site uses Google Maps. By using the Site you agree to be bound by Google’s Terms of Use, located at https://developers.google.com/maps/terms.
Account Registration
You may register for Jerusalem.com through your Facebook account or via email. When you complete the registration process, you create a Jerusalem.com account. Your account allows you to access certain services provided by the Site, subject to these Terms and our Privacy Policy. Jerusalem.com reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish, all at our sole discretion.
To create an account, you must select a username and password. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process.
You should not reveal your password to other users. Jerusalem.com will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.
You agree to immediately notify Jerusalem.com of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Jerusalem.com will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Jerusalem.com harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to [info@jerusalem.com] that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
You agree that Jerusalem.com may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Jerusalem.com, with respect to the foregoing, whether performed by you or anyone using your account.
If Jerusalem.com believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your Jerusalem.com account at any time and for any reason by sending an email to [info@jerusalem.com]. Any suspension, termination, or cancellation shall not affect your obligations to Jerusalem.com and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Payment
Use of the Site and/or Services may be subject to payment, both to Jerusalem.com and to any third party. Jerusalem.com may revise prices at any time without notice.
Some of our Services, such as hotel bookings, are rendered at the present through our partner Expedia. Our partners’ terms will determine the terms of these Services, including the terms of payment. For more information, please see http://www.expedia.com/. We reserve the right to change the way hotel bookings are made in the future.
You are solely responsible for any taxes on amounts you may pay or obtain through the Site. Jerusalem.com will deduct applicable charges and taxes from any payable amounts, as required by law.
Cancellation may be subject to cancellation fees. Please see the Site for more details. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method.
Content
Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available through the Site, including but not limited to videos, virtual tours, pictures, maps, and text posted anywhere on the Site, whether by us or by any other member of user of the Site.
Jerusalem.com may allow you to post Content on the Site. You are fully and solely responsible for any Content you submit or post by means of the Site, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, and (c) complies with applicable law. Jerusalem.com has no obligation to accept, display, review or maintain Content. Moreover, Jerusalem.com reserves the rights to remove and permanently delete Content, including any statements of any user, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by Jerusalem.com without any compensation to you. Content available through your account may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to our Privacy Policy except to the extent that you make such personal information publicly available on or through the Site or in any Content. JERUSALEM.COM DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND JERUSALEM.COM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.
Jerusalem.com may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Jerusalem.com reserves the right to treat user Content as content stored at the direction of users for which Jerusalem.com will not exercise editorial control except when violations are directly brought to Jerusalem.com’s attention. Jerusalem.com has the right to edit, delete, distort or move user Content from the Site without notice for any reason at any time.
Intellectual Property
Jerusalem.com and its licensors own the Site, including all worldwide intellectual property rights in the Site, Services and Content, and the trademarks, service marks, and logos contained therein. While you may make limited copies of your travel itinerary (and related documents) for travel or Services purchased through this website, except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site, Services or any Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Services and Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Jerusalem.com or any third party.
By submitting or posting any Content, you grant Jerusalem.com and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Site (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Site and/or Services.
Your Responsibilities
Content Restrictions
Without limiting the foregoing, you agree that you will not act in any way or transmit or post any Content that: (a) restricts or inhibits use of the Site and/or Services; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) Jerusalem.com’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Jerusalem.com to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage Jerusalem.com or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Use Restrictions
The software and technology underlying the Site and/or Services is the property of Jerusalem.com, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site and/or Services, including in order to allow you to copy or download any Content; (b) circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services or features that prevent or restrict use or copying of any Content; (c) use the Site, Services and/or Content in connection with any commercial endeavors in any manner; (d) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site and/or Services ; (e) harvest, collect or mine information about other users of the Site; or (f) use or access another user’s account or password without permission.
Copyright Infringement
Jerusalem.com respects the intellectual property rights of others and expects its users to do the same. Jerusalem.com will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: [info@jerusalem.com].
Disclaimers & Disclaimer of Warranty
Your use of the Site and/or Content is at your sole discretion and risk. The Site and/or Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Jerusalem.com. JERUSALEM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, goods or services made available through the site AND/OR CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JERUSALEM.COM IS UNAFILIATED RELIGIOUSLY, NATIONALLY OR ETHNICALLY. JERUSALEM.COM IS NOT A RELIGIOUS AUTHORITY AND IS NOT RESPONSIBLE FOR THE DOCTRINAL ACCURACY OR NON-OFFENSIVENES OF THE MATERIALS ON THE SITE.JERUSALEM.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND/OR CONTENT; OR (II) THAT THE SITE and/or Services WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE.
Expedia, the hotels and other entities on this Site are independent contractors and not employees or agents of Jerusalem.com. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS, OF SUCH ENTITIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. JERUSALEM.COM HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Content on the Site comes from a variety of sources, including Expedia, hotels, Google Maps, persons’ reviews of hotels and other sources. Jerusalem.com attempts to be as accurate as possible. HOWEVER, JERUSALEM.COM DOES NOT WARRANT THAT ANY ESTIMATION OR DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. JERUSALEM.COM IS NOT RESPONSIBLE FOR the accuracy, usefulness, safety, appropriateness or intellectual property rights of CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE. JERUSALEM.COM CANNOT AND DOES NOT ACCEPT ANY LIABILITY FOR ANY RELIANCE BY YOU ON SUCH INFORMATION. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Content information at any time without prior notice (including after you have submitted an order).
Note: It is the responsibility of the hotel chain and/or the individual property to ensure the accuracy of the photos displayed. ‘Jerusalem.com’ is not responsible for any inaccuracies in the photos.
Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive (whether religiously, ethnically or otherwise) or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against Jerusalem.com with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Site or through any Content. Please carefully select the type of information that you post on the Site or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from Jerusalem.com, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Limitation of Liability
Jerusalem.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. Jerusalem.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall Jerusalem.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Content posted on the Site, or from the conduct of any Users of the Site, whether online or offline.
IN NO EVENT SHALL JERUSALEM.COM OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT JERUSALEM.COM HAS BEEN 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 AND IN NO EVENT SHALL JERUSALEM.COM'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO JERUSALEM.COM FOR USE OF THE SITE. IF YOU HAVE NOT MADE ANY PAYMENTS TO JERUSALEM.COM FOR THE USE OF THE SITE, THEN JERUSALEM.COM SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Jerusalem.com and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site and/or Services , including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site, including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.
Content Linked to by Jerusalem.com
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites and services belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Jerusalem.com cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Jerusalem.com is not responsible for content or available by means of such sites. Jerusalem.com does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites.
The Site may promote and provide you with a link to download the Visilizer application from the iTunes store. Please note that the downloading and use of the Visilizer application are governed by a separate Terms of Service and Privacy Policy available at [http://www.apple.com/legal/]
Miscellaneous
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the courts in Tel Aviv/Jaffa and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against Jerusalem.com must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Jerusalem.com or authorizes you to act on behalf of Jerusalem.com. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Jerusalem.com and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.