Terms of Service

Alef: The NEXT Conversation

Terms of Service

 

The Alef: The NEXT Conversation website (the “Alef Site”) is managed by NEXT: A Division of Birthright Israel Foundation (“NEXT”) and is governed by these Terms of Service as well as the Privacy Policy.  These Terms of Service are separate and distinct from the terms governing NEXT’s other web sites, applications, and services, and the terms governing the web sites, applications, and services that may linked to from the Alef Site.  Please make sure to read both these Terms of Service and the Privacy Policy before using the Alef Site or submitting content for publication on the Alef Site.  By using the Alef Site, or by submitting content, you agree to follow and to be bound by these Terms of Service.  NEXT reserves the right to change these Terms of Service at any time and without notice; you agree, by virtue of your continued use of the Alef Site, to be bound by any such changes.  Please make sure to visit this page regularly in order to see the latest version of these Terms of Service.

 

  1. NEXT May Discontinue or Suspend the Alef Site or Discontinue, Suspend, or Terminate Your Use NEXT reserves the right to, at its sole discretion, at any time, and without prior notice, to temporarily or permanently: i) discontinue or suspend the Alef Site (or any part thereof) for any reason; or ii) discontinue, suspend, or terminate your use of the Alef Site for any reason, including but not limited to your breach of any of these Terms of Service.  You agree that NEXT shall not be liable to you or any third party for any such discontinuation, suspension, or termination.  In addition, NEXT reserves the right to take any other actions related to any such discontinuation, suspension, or termination that it, in its sole discretion, believes to be in its interests or in the interests of Alef Site users as a whole.
  2. Copyright and Creative Commons License
    1. Defining “Content” – “Content” as used herein and as used in the Privacy Policy , references any and all materials posted to, submitted to, uploaded to, and otherwise appearing on the Alef Site.  Content includes, but is not limited to, materials submitted by you, whether through email or any other channel, for consideration to appear on the Alef Site as a published post (“Featured Content”), as well as comments left in response to Featured Content.  Content encompasses all forms and mediums in which it may appear or exist, whether text, videos, photographs, audio or otherwise.
    2. Use of Alef Site Content The Alef Site and all Content contained on the Alef Site, including but not limited to all text, photographs, graphics, and video and audio content, is protected by United State Copyright Law and made available to Alef Site users under the terms of Creative Commons license BY-NC-ND .  By using the Alef Site you agree to abide by United States Copyright Law and conform to the terms of Creative Commons license BY-NC-ND when using Content from the Alef Site.  You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of our site or any Content thereon, except as permitted under Creative Commons license BY-NC-ND.  Please read the Creative Commons license to understand the limitations of this license and responsibilities you may have with regard to re-posting or re-using Content that appears on the Alef Site.  All attribution in accordance with this license should identify “Alef: The NEXT Conversation” as the website of origin for the Content being used and should identify the author of that Content.  Attribution should also provide a link back to the Content as it appears on the Alef Site.  Nothing contained herein nor the requirement to abide by the terms of Creative Commons license BY-NC-ND, shall limit any other rights to use the Content which may be available to you under United States Copyright Law, including but not limited to “fair use” rights.
    3. Content Provided by You
      1. You hereby agree to make all Content provided by you available to Alef Site users under the terms of Creative Commons license BY-NC-ND.
      2. NEXT does not claim ownership in any Content provided by you.  However, by providing Content, you hereby grant to NEXT and its members, directors, officers, managers, employees, shareholders, affiliates, successors, assignees, agents, and third-party contractors (the “Related Parties”), a non-exclusive, worldwide, fully paid-up, royalty-free, transferrable, sublicensable, irrevocable, perpetual license to copy, edit, reproduce, publish, retain, translate, excerpt, publicly display, transmit, modify, adapt, create derivatives of and license such derivatives on similar terms, distribute, and otherwise use your Content, in any and all forms and manners whatsoever, whether now known or hereinafter created, including but not limited to digital format, for any and all non-commercial purposes, including but not limited to featuring the Content on the Alef Site, featuring the Content on other NEXT-related websites or applications, and for use in NEXT marketing or promotional materials.  NEXT’s use of the Content shall not be limited or bound by the terms of Creative Commons license BY-NC-ND which governs use of the Content by users of the Alef Site.  NEXT shall have the right to use and to authorize others to use your name, likeness, and biographical information, without compensation, in connection with your Content and in connection with any other permissible uses of your Content as noted herein.  NEXT shall always endeavor to indentify you in connection with your Content and shall do so where reasonably possible, however NEXT shall be held responsible or liable in the event of its inadvertent failure to do so.
      3. You shall be solely responsible for all Content you have provided and the consequences of providing such Content.  In connection with the Content you have provided, you affirm, represent, and warrant that: i) you are the sole owner of all intellectual property rights in and to the Content, or have obtained all of the necessary licenses necessary to license and make the Content available for use in the manners noted herein; ii) you have obtained all the necessary consents, permissions, and releases to use the Content and to authorize others, including NEXT, to use the Content in the manners noted herein, including but not limited to, where applicable, the written consent, release, or permission of each and every identifiable individual person in your Content and the right to use the name or likeness of each and every such identifiable individual person in association with the Content; iii) your licensing of the Content in the manners contained herein does not infringe the intellectual property, proprietary, privacy, or any other rights of any third party; iv) the Content does not contain falsehoods or misrepresentations that can damage NEXT, any Related Party, or any other third-party; v) the Content is not unlawful, obscene, indecent, defamatory, deceptive, libelous, threatening, pornographic, harassing, hateful, or offensive, and does not encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; and vi) the Content is not an advertisement for or solicitation on behalf of a business, and does not provide any sort of professional advice.
      4. NEXT reserve the right to remove or not publish Content for any reason whatsoever, whether or not explicitly noted herein.  You acknowledge and understand that NEXT shall not be under any obligation to feature any Content on the Alef Site or to make use of the Content in any way, and you consent not to bring any claims against NEXT with regard to any NEXT decision to not feature or make use of the Content.
    4. Copyright-Related Questions If you are a copyright owner or agent thereof and believe that any of the Content appearing on the Alef Site infringes upon your copyright or violates your rights in any other way, please contact NEXT’s copyright agent with the following information: i) a description of the Content that is allegedly infringing and what underlying materials it infringes; ii) a link to where this Content appears on the Alef Site; iii) your name, email address, and telephone number; iv) a statement by you that you have a good faith belief that the Content is not authorized to be used in the manner in which it appears on the Alef Site; v) a statement by you that, under the penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner; and vi) an electronic signature confirming the above.  Please send all copyright-related inquiries to copyright@birthrightisraelnext.org.
  3. Nature of Posted  and Submitted Content
    1. The Content appearing on the Alef Site is for general information, discussion, and entertainment purposes only.  Any opinions and other statements expressed by individual authors of the Content appearing on the Alef Site are theirs alone, not opinions of NEXT or any Related Party.  Content appearing on the Alef Site is the sole responsibility of the party responsible for such Content and its accuracy and completeness are not endorsed or guaranteed by NEXT.
    2. You acknowledge that by providing you with the ability to view and use Content through the Alef Site, NEXT is not undertaking any obligation or liability relating to the Content.  NEXT and the Related Parties do not undertake or assume any duty to monitor the Alef Site for inappropriate or unlawful Content.  NEXT and the Related Parties assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.  Notwithstanding the foregoing, and as further noted herein, NEXT reserves the right to block or remove submitted Content at any time and in its sole discretion.
  4. Linked Websites – NEXT is not responsible for the availability of or the content appearing on other websites that may be linked to the Alef Site.  Content hosted on another website are governed by that website’s terms of service.  Because NEXT has no control over such websites, you acknowledge and agree that NEXT is not responsible for the availability of such external websites, and that NEXT and the Related Parties do not endorse and are not responsible or liable for the content, information, materials, goods, or services available from such websites.  You further acknowledge and agree that NEXT and the Related Parties shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, information, materials, goods, or services available on or through such websites.
  5. Disclaimers
    1. THE ALEF SITE IS AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR SOLE RISK; NEITHER NEXT NOR ANY RELATED PARTY SHALL BE LIABLE TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.  NEXT DOES NOT WARRANT THAT THE ALEF SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  NEXT DOES NOT MAKE, AND FULLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON-INFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ALEF SITE, ALEF SITE CONTENT, OR ANY INFORMATION MADE AVAILABLE ON THE ALEF SITE, INCLUDING ANY LINKS TO OTHER WEBSITES FROM THE ALEF SITE.  ADDITIONALLY, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
    2. NEXT DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES NEXT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION, UPLOADED, POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE ON THE ALEF SITE OR AVAILABLE THROUGH LINKS ON THE ALEF SITE.  NEXT RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE ALEF SITE.  ALTHOUGH NEXT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE MATERIALS TO THE ALEF SITE, NEXT DOES NOT GUARANTEE OR WARRANT THAT THE ALEF SITE OR ANY CONTENT THAT MAY BE DOWNLOADED FROM THE ALEF SITE OR ANY WEBSITE WHICH MAY BE LINKED TO FROM THE ALEF SITE DOES NOT CONTAIN SUCH DESTRUCTIVE FEATURES; NEITHER NEXT NOR ANY RELATED PARTY IS LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
    3. THE ALEF SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, AND OTHER INFORMATION.  DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON THE ALEF SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT.  ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY OTHER PURPOSE.
    4. IF YOU RELY, IN ANY WAY, ON THE ALEF SITE OR ANY CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.
  6. Indemnification – You, as a user of the Alef Site or provider of Content, hereby indemnify, exculpate, and hold harmless NEXT and the Related Parties from and against any and all losses, claims, causes of action, damages, and liabilities of whatsoever kind and nature, including judgments, interest, attorneys’ fees, and for all other costs, fees, expenses, and charges incurred by or asserted against NEXT or a Related Party by any third party in connection with your use of the Alef Site, your granting of licenses to the Content as noted herein and use of the Content in accordance with such licenses, violation of these Terms of Service, or on account of a breach or alleged breach of any of the foregoing warranties.  NEXT reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under these Terms of Service.  In such event, you shall provide NEXT with such cooperation as is reasonably requested.
  7. Limited Liability – You agree that in no event shall NEXT or any Related Party be liable for any incidental, direct, indirect, consequential, special, punitive, exemplary, or other loss, damage, or injury of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, or other intangible losses, arising out of or in connection with the Alef Site, Content appearing on the Alef Site, your use of the Alef Site, NEXT’s use of your submitted Content in accordance with your granting of license to that Content, or your reliance on any Content appearing on the Alef Site or linked to from the Alef Site.  If any part of this limited liability clause is found to be invalid or unenforceable for any reason, then the aggregate liability of NEXT or any Related Party under such circumstance shall not exceed One Hundred Dollars ($100).
  8. Legal Requirement to Disclose Certain Information – You agree that in the event NEXT receives a subpoena issued by a court or from a law enforcement or government agency, NEXT shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location, or other information it has accessed in accordance with the Privacy Policy , in response thereto, but only to such extent as required by law.
  9. Governing Law – These Terms of Service and the Privacy Policy shall be governed by and construed in accordance with the laws of the County and State of New York, without regard to the conflict of law principles thereof.
  10. Dispute Resolution – In the event of a dispute arising under these Terms of Service or under the Privacy Policy, the parties shall, in good faith, attempt to resolve such dispute through private negotiation.  In the event of a failure to negotiate a resolution to the dispute within thirty (30) days of the commencement of such negotiation, the parties agree to submit the dispute for resolution through mediation as conducted by the American Arbitration Association (“AAA”) in New York City.  In the event that the mediation process fails to bring the dispute to a resolution, the parties agree to submit the dispute to an arbitration proceeding conducted by the AAA in New York City.  Any arbitration proceeding that is commenced under these Terms of Service shall be conducted by one (1) arbitrator as chosen by NEXT and in accordance with AAA rules.  The decision of the arbitrator shall be binding upon the parties with the same force and effect as if a non-appealable judgment had been entered by a court of competent jurisdiction.  Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction.  All costs and expenses, including attorneys’ and AAA administration fees, of any arbitration proceeding brought under this clause shall be borne by the losing party.
  11. Miscellaneous These Terms of Service, together with the Privacy Policy , represent the entire understanding of the parties regarding the use of the Alef Site and supersede any and all previous documents, correspondence, conversations, or other oral or written understandings related to the use of the Alef Site.  A modification of or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service.  If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.  All relevant provisions and clauses herein, including but not limited to those covering indemnification, shall survive the termination of your relationship with NEXT or the termination of your permission to use the Alef Site.
  12. Questions – If you have any questions about these Terms of Service, please contact NEXT at alef@birthrightisraelnext.org.