Last Modified June 7, 2010
1. Eligibility. Use of the Bnei Baruch Services and registration to be a Student for the Bnei Baruch Kabbalah Learning Center ("Membership") is void where prohibited. By using the Bnei Baruch Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Bnei Baruch Services does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 13 years of age and you represent yourself as 13 or older, or if we believe you are over 13 and represent yourself as under 13.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Bnei Baruch Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Bnei Baruch may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Bnei Baruch reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages [collectively, "messages"]) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Bnei Baruch Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Bnei Baruch reserves the right, in its sole discretion, to reassign, modify or rename your profile. Bnei Baruch expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Bnei Baruch Services if Bnei Baruch determines, in its sole discretion, that you have violated this Agreement or pose a threat to Bnei Baruch, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.
3. Fees. You acknowledge that Bnei Baruch reserves the right to charge for any portion of the Bnei Baruch Services and to change its fees (if any) from time to time in its discretion. Bnei Baruch will notify you in advance if any such charges shall be applied to any of Bnei Baruch Services, and will not make any charge you don't know agree or consent to. If Bnei Baruch terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Bnei Baruch immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Bnei Baruch Services are for the personal use of Members and may not be used for direct commercial purposes, and they are not by any means endorsed or authorized by Bnei Baruch. Bnei Baruch reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Bnei Baruch Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Bnei Baruch Services, or employing third party promotional sites or software to promote profiles for money, is strictly prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Bnei Baruch reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Bnei Baruch Services.
6. Proprietary Rights in Content on www.kabbalah.info and other Bnei Baruch Sites.
6.1 Bnei Baruch does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the Bnei Baruch Services, unless you assign and/or release your right over to Bnei Baruch in a signed document. After posting your Content on, through or in connection with the Bnei Baruch Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Bnei Baruch Services, you hereby grant to Bnei Baruch a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Bnei Baruch Services, including, without limitation, through the Bnei Baruch Services to applications, widgets, websites or mobile, desktop or other services which are linked with your Bnei Baruch account (collectively, "Linked Services"), including, without limitation, distributing part or all of the Bnei Baruch Services and any Content included therein, in any media formats and through any media channels, except that Content marked "private" will not be distributed by Bnei Baruch outside the Bnei Baruch Services and Linked Services. This limited license does not grant Bnei Baruch the right to sell or otherwise distribute your Content outside of the Bnei Baruch Services or Linked Services, unless you assign such rights to Bnei Baruch. After you remove your Content from the Bnei Baruch Services we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Bnei Baruch Services, Bnei Baruch is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.
6.2 The license you grant to Bnei Baruch is non-exclusive (meaning you are free to license your Content to anyone else in addition to Bnei Baruch), fully-paid and royalty-free (meaning that Bnei Baruch is not required to pay you or anyone else deriving rights from you for the use on the Bnei Baruch Services of the Content that you post), sublicensable (so that Bnei Baruch is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Bnei Baruch Services), and worldwide (because the Internet and the Bnei Baruch Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Bnei Baruch Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the Bnei Baruch Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Bnei Baruch Services and/or Linked Services.
6.4 The Bnei Baruch Services contain Content of Bnei Baruch ("Bnei Baruch Content"). Bnei Baruch Content is protected by copyright, trademark, patent, trade secret and other laws, and Bnei Baruch owns and retains all rights in the Bnei Baruch Content and the Bnei Baruch Services. Bnei Baruch hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Bnei Baruch Content (excluding any software code) solely for your personal use in connection with viewing the Bnei Baruch Website and using the Bnei Baruch Services.
6.5 The Bnei Baruch Services contain Content of Users and other Bnei Baruch licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Bnei Baruch Services.
6.6 Bnei Baruch performs technical functions necessary to offer the Bnei Baruch Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Bnei Baruch Services. In addition, you agree and acknowledge that Bnei Baruch may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Bnei Baruch Services. You can control what type of communications you receive from the Bnei Baruch Services by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.
6.7 Bnei Baruch reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Bnei Baruch Services.
7. Content Posted (for forums, blogs, question submission, as well as other content submission means).
Please choose carefully the information that you post on, through or in connection with the Bnei Baruch Services and that you provide to other Users. Your postings may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Bnei Baruch Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Bnei Baruch assumes no responsibility or liability for this material. If you become aware of misuse of the Bnei Baruch Services by any person or Linked Service, please contact Bnei Baruch immediately by clicking the "Contact" link at the bottom of every page, and following the relevant contact instructions for you on that page.
7.1 Bnei Baruch may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Bnei Baruch violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Bnei Baruch assumes no responsibility for monitoring the Bnei Baruch Services for inappropriate Content or conduct. If at any time Bnei Baruch chooses, in its sole discretion, to monitor the Bnei Baruch Services, Bnei Baruch nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on, through or in connection with any of the Bnei Baruch Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 All user submitted content may be used by Bnei Baruch Services for any purpose Bnei Baruch deems it be to necessary, including for, but not limited to, a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the Bnei Baruch Services. Bnei Baruch reserves the right to investigate and take appropriate legal action against anyone who, in Bnei Baruch's sole discretion, violates this provision, including, without limitation, removing the offending Content from the Bnei Baruch Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Bnei Baruch:
8.1 is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits or is designed to solicit personal information;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Bnei Baruch such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
8.16 using the Bnei Baruch Services in a manner inconsistent with any and all Applicable Law.
9. Protecting Copyrights and Other Intellectual Property.
Bnei Baruch respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Bnei Baruch's policy to uphold intellectual property rights of others.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Bnei Baruch a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
If you believe your work has been copied and posted on or through the Bnei Baruch Services in a way that constitutes copyright infringement, please send Bnei Baruch's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Bnei Baruch Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Bnei Baruch's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Bnei Baruch USA, Inc., 2009 85 Street, Suite 51, Brooklyn, NY 11214; Facsimile: (212) 918-0737; Phone: (800) 540-3234; Attn: Copyright Agent. Bnei Baruch's Copyright Agent for notification of claimed infringement can also be reached electronically at email@example.com. Bnei Baruch suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
10. Third Party Linked Services. We do not affiliate ourselves with any third party program and/or organization. We do not partner with or have special relationships with any ad server companies.
11. Member Disputes. You are solely responsible for your interactions with other Bnei Baruch Users, third party developers or any other parties with whom you interact through the Bnei Baruch Services and/or Linked Services. Bnei Baruch reserves the right, but has no obligation, to become involved in any way with these disputes.
13. Disclaimers. Bnei Baruch is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the Bnei Baruch Services or Linked Services, by Users of the Bnei Baruch Services or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Bnei Baruch. In addition, Bnei Baruch is not responsible for any damage, injury or loss caused by Users of the Bnei Baruch Services or by any of the equipment or programming associated with or utilized in the Bnei Baruch Services or Linked Services. Profiles and Linked Services created and posted by Members on, through or in connection with the Bnei Baruch Services may contain links to other websites or services. Bnei Baruch is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Bnei Baruch. Inclusion of any linked website or service on the Bnei Baruch Services does not imply approval or endorsement of the linked website or service by Bnei Baruch. When you access these third party sites and services, you do so at your own risk. Bnei Baruch takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Bnei Baruch Services or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Bnei Baruch is not responsible for the conduct, whether online or offline, of any User of the Bnei Baruch Services or Linked Services. Bnei Baruch 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 User or Member communication. Bnei Baruch 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 or players due to technical problems or traffic congestion on the Internet or on any of the Bnei Baruch Services or Linked Services or combination thereof, including, without limitation, 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 Bnei Baruch Services or Linked Services. Under no circumstances shall Bnei Baruch be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Bnei Baruch Services or Linked Services, attendance at a Bnei Baruch event, from any User Content posted on or through the Bnei Baruch Services or Linked Services, or from the conduct of any Users of the Bnei Baruch Services, whether online or offline. The Bnei Baruch Services and Linked Services are provided "AS IS" and as available and Bnei Baruch expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bnei Baruch cannot guarantee and does not promise any specific results from use of the Bnei Baruch Services or Linked Services.
14. Limitation on Liability. IN NO EVENT SHALL BNEI BARUCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE BNEI BARUCH SERVICES OR LINKED SERVICES, EVEN IF BNEI BARUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BNEI BARUCH'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BNEI BARUCH FOR THE BNEI BARUCH SERVICES DURING THE TERM OF MEMBERSHIP AND THEREAFTER.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Bnei Baruch agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Bnei Baruch Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Bnei Baruch, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Bnei Baruch Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Bnei Baruch Services.
17. Other. This Agreement is accepted upon your use of the Bnei Baruch Website or any of the Bnei Baruch Services and is further affirmed by you becoming a Member. Your agreement with Bnei Baruch will always include this Agreement at a minimum. Your access and use of certain Bnei Baruch Services will require you to accept additional terms and conditions applicable to such certain Bnei Baruch Services, in addition to this Agreement, and may require you to download Software or Content. The failure of Bnei Baruch to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Bnei Baruch is a trademark of Bnei Baruch, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.