Terms of Use – Essence of Life Website and Essence of Life Radio App

  1. Use of the website
    Use of the website (www.eol.co.il) and/or the Essence of Life radio application (the “App”), including the content and services offered therein and any part thereof (the “Service”), is subject to these terms of use (the “Terms of Use” and/or “this Agreement”). By downloading the App, surfing the Service and/or subscribing to the Service and/or any other act on the Service, you (“You”) undertake that you have read and assumed the Terms of Use and that they constitute a binding agreement between you and Essence of Life Public Benefit Company Ltd. (the “Company”). If you do not agree with any of the Terms of Use, you are required to immediately cease from making any use of the Service of the website and uninstall the App from your device.

    The Terms of Use of the Service may change from time to time, and at the sole discretion of the Company, without advance notice. In the event of material changes, the Company shall notify you thereof by email or by posting a notice on the Service.

  2. License
    Subject to the Terms of Use, the Company shall give you a license that is limited in time, revocable (at the Company’s sole discretion), non-exclusive, non-transferrable, without the right to sub-license, to make personal and non-commercial use of the Service.

  3. Limitations and prohibitions
    You declare and warrant that you are at least 14 years of age and that you shall only make personal, non-commercial use of the Service, subject to the Terms of Use. You undertake not to: (a) sell, grant a license (or sub-license), let, assign, transfer, pledge and/or share with a third party, any part of your rights under the Terms of Use; (b) transfer, distribute, copy, make available and/or play for the public and/or broadcast the Service and/or any part thereof, including the radio broadcasts; (c) direct to the Service by framing; (d) make use of the Service and/or distribute any part thereof in jurisdictions where such act and/or any part of the Service constitute a violation of the law, or in which such act will make the Company and/or any others affiliated therewith subject to an obligation to register within the jurisdiction or country as aforesaid; (e) perform, encourage, promote, instruct and/or help another to make any use of the Service that is unlawful, harmful and/or damaging; (f) visit the Service and/or any part thereof in an unauthorized manner and/or use the Service while using unauthorized methods and/or means, including inter alia robots, crawlers, spiders, and/or any other automatic means; (g) modify, translate, reverse engineer (unless the law explicitly prohibits to impose such restriction), make any attempt to discover the source code of any part of the Service and/or any software related thereto and/or to create derivatives thereof; (h) make any use of the Service in such manner as may reveal and/or distribute the source code of the Service and/or any part thereof and/or that may make the Company subject to an obligation to reveal and/or distribute the source code of the Service and/or of any part thereof and/or use that may confer on a third party the right to modify or create derivative works from the Service and/or the source code.

  4. Intellectual property
    Any and all intellectual property rights in the Service, including inter alia and without derogating in software, platforms, algorithms, technology, design, information, services, text (including articles and stories), files, video clips, photographs, apps, sound and music (including Essence of Life radio), and any other proprietary content are the property of the Company and/or its principals, who have all of the rights in such materials, including all of the intellectual property rights related thereto. The meaning of the term “intellectual property rights” is, whether or not they are registered, throughout the world: (a) rights in relation to written work, design and photography, including copyrights; (b) trademarks, service marks, logos, trade names, goodwill; (c) patents, patent applications and inventions; (d) rights that correspond to the ones mentioned above and any and all other proprietary rights related to intangible property; (e) splits, continuations, extensions, renewals and re-registration of any of the rights mentioned above, whether they exist now or will be filed, registered and/or received in the future.

    The aforesaid does not constitute a representation regarding the Company’s ownership of content of third parties (please see Section 6 below), but merely a warning for your information that the content is protected. Note that playing in public, broadcasting and/or recording of content that will be broadcast on Essence of Life radio may violate third party rights, including associations for co-management of rights, and expose you to lawsuits and/or a royalty payment obligation.

    You agree and are aware that the Company has the full right, whenever it wishes and for any reason whatsoever, or for no reason at all, to redesign, change the order, structure and specification, features and any component and/or other aspect of the Service or any part thereof.

    These Terms of Use and/or anything stated in the Service do not constitute a transfer and/or conferral of any rights with regard to intellectual property rights in any part of the Service, other than the limited license in Section 2 above.

  5. Surfers’ responses
    It is possible that as part of the use of the Service you will be able to post responses and content on your behalf (“Your Content”) on the Service. You bear the risk that is entailed by posting Your Content and you shall be exclusively responsible for Your Content and its compliance with these Terms of Use and the provisions of any law. The Company does not undertake to review and screen and shall not bear any liability for Your Content. The Company may, at its sole discretion, screen, block, edit or remove Your Content and/or change the manner of its presentation on the Service.

    You hereby grant the Company an international, indefinite and non-exclusive transferable and sub-licensable license, to use, copy, distribute, make available to the public, broadcast and edit Your Content, in order to operate the Service, fulfil these Terms of Use and promote and advertise the Company and/or Service and all, without an obligation to pay royalties and/or any other amount.

    You declare and warrant that you are exclusively responsible for Your Content, and that: (a) the Company is not, and in the future shall also not be liable for any payment (including royalties) to any other due to use of Your Content in the context of use of the Service and/or presentation thereof on the Service; (b) Your Content and/or any part thereof and the use thereof in the context of the Service: (1) is accurate, updated and full; (2) shall not include and/or promote unlawful activities; (3) shall not include and/or promote racism and/or instigation and/or discrimination based on religion, race, sex, age or medical condition; (4) shall not include pornographic content; (5) shall not include libel and/or defamation; (6) shall not breach any law; (7) shall not violate intellectual property rights of any third party and/or his right to privacy; (8) in general, in Your Content you may not include personal information about another person (including a photograph) and/or any content in respect of which there are intellectual property rights of a third party, however, if Your Content will contain one of the aforesaid, You undertake to obtain such third party’s approval, license and consent to use of the content and/or personal information in the context of the agreement and the Service, and his approval, license and consent to any use by the Company in the context of and/or in relation to the agreement.

  6. Third party content
    Part of the content and materials that are available on the Service, including surfers’ responses, may be provided on behalf of third parties. All of the opinions, advice, declarations, services, offers, information and content presented on the Service on behalf of and/or whose source is third parties, including inter alia text, pictures, drawings and video clips, belong to the creator and/or publisher thereof and/or do not necessarily represent the Company’s positions. The Company does not promote and/or publish and/or recommend the same in any manner; and does not edit and/or supervise and/or screen and/or review the same, but serves merely as a platform for the presentation and concentration thereof in one place.

    Insofar as the Service contains links to external services and resources, the Company does not control the availability and content of such services and resources. If you have a question, contestation and/or problem regarding any matter pertaining to a service and/or content as aforesaid, or any link that directs thereto, you are required to address the same to such third-party provider. The aforesaid links are available to you on the Service for your convenience only and the Service is not responsible for links and/or content as aforesaid. If you leave the Service by clicking a link and/or consume and/or view and/or make any use of content not on the Company’s behalf, be aware that you do so at your own responsibility. The content to which You are exposed through links was not developed, edited and/or examined by the Company, and the Company shall not be liable for any damage or loss incurred due to any reason that is related to the services, information and/or any content provided by other websites and/or services, including inter alia as a result of delays, flaws and/or omissions they may contain. The Company does not make representations and/or guarantees and/or recommendations and shall not be responsible for any content provided by a third party. We recommend that when You are directed to third party websites and/or services and content through a link, you exercise caution and thoroughly read and comply with the terms of use and privacy policy of such websites, services and content, and confirm that the website or service are appropriate for your age and nature of your internet use.

  7. Notification and removal
    If the Service presents or broadcasts content and/or work that you own and in your opinion violates your copyrights and/or privacy and/or is harmful and/or constitutes libel, please contact the Company with a request to remove the same, at info@eol.co.ilwhile making direct reference (including URL) to the violating content and attaching evidence of it being such, as well as contact details, name and identifying details. If the content is in violation, it shall be removed as soon as possible and you shall be notified thereof by email.

  8. Privacy
    The Company’s privacy policy is available for your inspection at www.eol.co.il/privacy and constitutes an integral part of this Agreement.

  9. Limitation of liability
    This Service is provided to you ‘as is’ and without any responsibility and/or guarantee of any kind, either explicit or implicit and/or by virtue of the law (insofar as the applicable law so allows). Insofar as, and to the maximum extent that the law allows, the Company does not make any guarantee and shall not be liable, including inter alia and without derogating with regard to merchantability, violation of rights, and fitness for a particular purpose. The Company does not guarantee that the Service will be accessible without interruption or free of flaws and malfunctions, or that the server on which the Service is located will be free of viruses and/or any other damaging agent. The Company does not guarantee and/or make any representation with regard to the use of the Service and/or the consequences of such use with respect to the accuracy, veracity of the content, credibility and/or otherwise. You are exclusively responsible to implement any and all safeguards that you deem required and/or recommended in order to protect yourself against claims, damage, loss and/or danger that may arise as a result of and/or in connection with your use of and/or reliance on the Service and/or any part thereof.

    Insofar as, and to the maximum extent that the law allows, in no case will the Company and others affiliated therewith, including partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be liable to you and/or any other entity under any legal theory, either contractually, in torts or otherwise, either due to direct, indirect, secondary and/or circumstantial damage, including and without derogating loss of profit, loss of business opportunities, loss of income and/or profit, loss, damage to goodwill, loss of information, special, punitive and/or exemplary damages; that derive from and/or relate in any manner to the Service, including your use thereof and/or reliance on all and/or any part thereof and/or to any malfunction, inaccuracy, omission, flaw, vulnerability and/or any failure in the performance and provision of the service by the Company.

  10. Indemnification
    You undertake to protect and indemnify the Company and another on its behalf, including and without derogating, all of its owners, managers, officers, affiliated parties and employees, against any loss, expense, costs, claims, damages (including reasonable expenses due to legal fees, expert fees and any and all other reasonable expenses in connection with litigation), deriving from and/or related in any manner to your use of the Service and/or a violation of the Terms of Use by you.

  11. Termination
    The Company may terminate this Agreement and/or suspend your right to enter and/or use any part and/or all of the Service, for any reason and without prior notice. Upon termination, you shall immediately cease from making any use of the Service. In the event of termination, your obligations in the following sections: 3-7, 9-12 shall survive termination.

  12. General

    12.1. The terms and conditions in the Terms of Use and privacy policy are the only and full terms that apply between you and the Company with regard to the subject-matter of this Agreement.

    12.2. The laws of the State of Israel shall apply to these Terms of Use and anything related hereto and/or deriving herefrom. The competent courts in the district of Tel Aviv shall have exclusive jurisdiction in any claim in relation to these Terms of Use, and no other court shall have parallel jurisdiction.

    12.3. If a court will rule that any of the Terms of Use is unenforceable and/or invalid, such term shall be deemed modified only to the extent that is required for it to be enforceable and valid. Whenever the term is deemed invalid and/or unenforceable, such term shall be deemed to have been omitted from the Terms of Use and shall not render the other Terms of Use invalid or unenforceable.

    12.4. No conduct, waiver, inaction and/or laches and/or delay by any party in the exercise of any of his rights pursuant to this Agreement and/or the law shall be deemed as a waiver of any right and/or consent to any breach or non-fulfillment of the terms and conditions of this Agreement and/or as giving a postponement or an extension or as a modification, cancellation or addition of any term whatsoever, unless made in writing and explicitly.

    12.5. Nothing in this Agreement confers any rights on another who is not a party hereto, and this Agreement is not a contract for the benefit of a third party within its meaning in the Contracts Law (General Part), 5733-1973.

    12.6. The Company may endorse this Agreement, in whole or in part, subject to its sole discretion. You are not entitled to endorse and/or transfer this Agreement to a third party without obtaining the Company’s prior written approval. Any unauthorized endorsement shall be deemed null and void.

    12.7. Without derogating from any other right and/or remedy under any law and/or the Terms of Use, the Company reserves the right, subject to its sole discretion, for any reason whatsoever and whenever it so wishes, to limit and/or block your access to the Service and/or deny you the possibility of using it and/or any part thereof, including inter alia due to a technical flaw and/or reason and/or violation of the Terms of Use.

    12.8. For any questions with regard to the Terms of Use please contact us by email at: info@eol.co.il.