terms of use

Terms of Use

Introduction

Welcome to our community web site. By using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this web site. The term "Or Shalom Congregation" or "Or Shalom Community" or "us" or "we" or "our" refers to Or Shalom Congregation, the owner of the web site. The term "you" refers to the user or viewer of the web site.

This content on this site – articles, photos / videos, news, and links – is generally open to anyone aged 13 or older who is interested in our resources.

The purpose of this site is to provide information about the programs we offer and other opportunities that may interest you, and to offer a collaborative medium for Or Shalom Congregation members. The site is meant to be used as a resource as well as a social networking tool.

Acceptance of Agreement

By using this site, you are agreeing to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This agreement constitutes the entire and only agreement between us and you regarding use of this Site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, services or opportunities provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use of publication by you or any such matters or any part of the Site, except as allows by the "Limited License and Permitted Uses" Section below, or as provided in writing from us to you, is strictly prohibited. If you would like to request special copyright permissions, please write to:  

Or Shalom Congregation

1250 Quintara Street at 22nd Ave.

San Francisco, CA 94116

Tel: (415) 242-9992

Fax: (415) 661-9041

Email: admin@orshalom.org

You do not acquire ownership rights to any content, document, or other materials viewed through or downloaded from the Site. The posting of information or materials on or through the Site does not constitute a waiver of any right in such information and materials. Any information or materials provided to and through the site by you may be used in accordance with the "Release for Photographs, Videos, Voice Recordings, or Written Material " Section below. Some of the content on the site is the copyrighted work of third parties.

Service Marks

www.orshalom.org and Or Shalom Congregation and others are our service marks, registered service marks, or trademarks. Other product and company or organization names mentioned on the site may be trademarks of their respective owners.

Disclaimer of Endorsement

The Site includes articles from, information about, and/or links to other web sites. These other web sites are developed and maintained independently and are not part of the Site covered by this Agreement. When you leave the Site and go to another web site, you are subject to different terms of use and privacy policies. We do not control or guarantee the accuracy, relevance, or completeness of any web site or information provided by or found on a linked web site, nor do we endorse the views expressed or products or services offered by any third-party information, organization or linked web site.

Limited License and Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license

  1. To access and use the Site strictly in accordance with this Agreement;
  2. To use the Site solely for purposes of participating in the Or Shalom community and related activities or for personal, educational, non-commercial purposes; and
  3. To print out discrete information from the Site solely for purposes of participating in the community and related activities or for personal, educational, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
  4. In the event that curricula, service learning, or other content is published on this site that has specific licensing and/or permission policies or restrictions that vary in some degree from the general site license and permitted use policies stated above, those specific licensing/permission policies and/or restrictions will be displayed.

Release for Photographs, Videos, Voice Recordings, or Written Material

You confirm that all photographs, videos, voice recordings, and/or written material that you post now or in the future on the Or Shalom Community site are original to you, or that you have full right and authority to allow them to be used, posted, exhibited or reproduced on the Site. You confirm that, to your knowledge, none of the photographs, videos, voice recordings, and/or written material, will infringe or violate the rights of others, and you confirm that the photographs, videos, voice recordings, and/or written material are not vulgar, obscene, or embarrassing. If any of the photographs, videos, voice recordings, and/or written material requires permission for posting or display on the Or Shalom Community Site, you confirm that you have obtained such permission from all owners of those rights.

You acknowledge, understand, and agree that neither the Or Shalom Community Site, nor its administrators, owners, board members, rabbi, affiliates, partners will be responsible or liable to you or any third parties in any way for using, posting, exhibiting or reproducing your photographs, videos, voice recordings, and/or written material on the Or Shalom Community Site.

As the Or Shalom Community Site administrators, we may review all photographs, videos, voice recordings, and/or written material posted to the Or Shalom Community Site, and may remove, without notice or liability to you, any photographs, videos, voice recordings, and/or written material we find objectionable at our sole discretion. You understand that if you post photographs, videos, voice recordings, and/or written material in violation of the Or Shalom Community Site's Terms of Use, we may immediately prevent you from posting additional photographs, videos, voice recordings, and/or written material, and may terminate your membership on the Or Shalom Community Site, at our sole discretion and without notice or liability to you.

Lastly, you understand that by posting photographs, videos, voice recordings, and/or written material on the Or Shalom Community Site, you are agreeing to permit the Or Shalom Community Site administrators and owners to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, distribute, or display them (in whole or in part), and/or to incorporate them in other works in any form, media, or technology now known or later developed, for so long as any rights exist in the photographs, videos, voice recordings, or written materials., provided, however, (i) all such uses, reproduction, modifications, adaptations, publications, transmissions, translations, creations or incorporations by Or Shalom Community are in furtherance of, and associated with, Or Shalom Community's mission, and (ii) to the extent any modifications or adaptations by Or Shalom Community of the photographs, videos, voice recordings, and/or written materials that you have posted on the Or Shalom Community Site, or the creation of derivative works there from, is not permitted by the terms governing my use of such photographs, videos, voice recordings and/or written materials, you may revoke Or Shalom Community's permission to continue such use upon not less than thirty (30) days written notice to Or Shalom Community. In no way shall the foregoing transfer any right, title or interest in and to the photographs, videos, voice recordings and/or written materials that you post on Or Shalom Community other than the right for Or Shalom Community to use such materials as expressly permitted herein.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not

  1. Copy, print (except for express limited purpose permitted in the Section above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from;
  2. Use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage, and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, rental, subscription, or any other mechanism without the explicit written permission from us.
  3. Users may not submit or transmit any message that is libelous or defamatory, obscene or violates any other person's copyrights, privacy or publicity rights, trademarks, trade secrets, or rights in other confidential information, or would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law. The User indemnifies us (that means the User is financially responsible to us) for any and all damages suffered by third parties as a result of the User's violation of this paragraph.
  4. Users may not submit or transmit any message, data, image, or program with the intent to threaten the safety of others or to cause others to feel that they are being threatened.
  5. We do not intend to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views; however, we expect users to express their views and participate in discourse on this Site in a civil and respectful manner. We reserve the right to take such action as we deem appropriate in cases where the Site is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
  6. We reserve the right to share information you provide (including any identifying information you provide) with legal authorities if it is, in our sole opinion, necessary to investigate, prevent, or take action regarding suspected fraud, any situations involving threats or potential harm to the physical safety of any person or property, or if required by law (such as if required by a subpoena, court orders or other legal means).
  7. Users may not interfere with other Users' use of the Site, including, without limitation, disrupting the normal flow or use of the service.
  8. Users may not post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.
  9. It is our general policy to protect the privacy of the persons transmitting any messages to us through the Site. By sending a submission to us through the Site, the User automatically authorizes us to read it, edit it, and publish it on the Web site or any of our future publications and authorize other organizations to publish it. Before distributing it, however, we will do our best to take out identifying information.
  10. We reserve the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.

Waiver of Responsibility for Defective or Contaminated Materials

Although we make every effort to ensure the correctness of data and information provided on the Site, we disclaim responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials. You also understand that we cannot and do not guarantee or warrant that files available for downloading through the Site will be free of "infection" or "viruses," "worms," "Trojan horses," or other code that contain contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a procedure outside the Site for the reconstruction of any lost data. Use of the Site and the Internet generally is at the User's own risk.

Legal Actions

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Virginia, U.S.A, and you agree to submit to the jurisdiction of the courts of the state of Virginia. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Site, or the use of this Site must be filed within one year after such claim or cause of action arose and must be filed in a court in Winchester, Virginia, U.S..A.

Digital Millennium Copyright Act Notices

As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the Or Shalom Community site infringes your copyright, you must send a notice of claimed infringement to our Designated Agent at the following address:

Name of Agent Designated to Receive Notification of Claimed Infringement: Or Shalom CONGREGATION

Full Address of Designated Agent to which Notification should be sent:

Or Shalom Congregation

1250 Quintara Street at 22nd Ave.

San Francisco, CA 94116

Fax: (415) 661-9041

Email: admin@orshalom.org
 

To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A description of the copyrighted work claimed to have been infringed, or if more than one work is covered by the notice of claimed infringement, a description of each work.
  • A description of the infringing activity or of the work that is claimed to be infringing and information about the location on this Site (or, if the infringing information is located on another site linked to this Site, information about the location of the link or reference on this site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
  • Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, your email address.
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  • A statement by you that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers


THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WE ARE NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER WE NOR OUR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.