Terms and Conditions

Home Terms and Conditions

Effective Date: February 22, 2017
Updated: September 12, 2023

Terms of Use

Welcome to Jewish Interactive, a New York non-profit corporation, and a registered charity in United Kingdom & South Africa (“Jewish Interactive,” “we,” “us” or “our”). We make various services available, including social platforms that enables users to access, create, and share Jewish-themed educational, interactive content and applications (“Jigzi” or the “Services”). Please continue reading to learn about the terms of use by which you may use our Services.

These Terms of Use (the “Terms”) constitute an agreement between you and Jewish Interactive that governs your use of Jewish Interactive apps and platforms. The Terms apply to all schools and school districts, including trained institutional staff members who are authorized to access the Services on behalf of a school or school district (each, a “School”), as well as individuals who are non-School users of the Service (Schools and individuals, referred to here as “user,” “you,” or “your”).

PLEASE CAREFULLY READ OUR TERMS AND PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE, BEFORE USING ANY JEWISH INTERACTIVE APP OR SERVICE. These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.

1. Agreement for Use of Jigzi

You are permitted to use the Jigzi platform (after the initial free use period) only if you can form a binding contract with Jewish Interactive and have created a User Account (defined below), or if you are a user under the age of 13 (“child” or “children”) accessing it through a child-specific link that has been created by your parent/guardian, teacher or School.

Your use of Jigzi must be in compliance with the Terms, the Privacy Policy and all applicable local, state, national and international laws, rules and regulations. If you have previously been removed from the Service, you are not permitted to use the Service again.

Subject to the terms and conditions of the Terms, we grant you a non-exclusive, non-transferable, freely revocable license to use the Services. We do not transfer title to any portion of the Services to you. As between you and us, we reserve all rights not expressly granted to you in the Services.

We reserve the sole right to either modify or discontinue Jigzi, including any of Jigzi’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on Jigzi shall also be subject to these Terms.

By accessing or using the Services, checking the box marked “I agree,” or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by these Terms, and to the collection and use of your information as set forth in the Services Privacy Policy. If you do not agree, you may not use the Services. These Terms may change from time to time. We will notify you by updating the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of any new terms. Where applicable under the law, these Terms constitute a writing signed by you.

We may terminate your access to the Services without notice, at any time, and without any liability or obligation to you, if in our sole discretion, you fail to comply with any provision of these Terms.

You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer or mobile device, modem, and Internet access and/or connection (including payment of all fees associated with such access).

2. User Accounts

To use certain features on the Jigzi platform you must register for an account (each, a “User Account”) and log in to the Services with your email address/username and password. You are responsible for your User Account and any data associated with it, including the form, content and accuracy of any profile or material contained therein. Children under the age of 13 are not permitted to create a User Account. Children may access the Jigzi platform through a link or login created on their behalf by their parent or guardian, or by their School, which individual or School is solely responsible for all conduct of the child whilst accessing the services.

If you create a User Account on behalf of a School or other entity then you hereby represent and warrant that you: (a) are an authorized representative of the School or other entity; (b) have the authority to bind the School or other entity to the Terms; and (c) agree to the Terms on the School or other entity’s behalf. Do not create a User Account on behalf of a child if you are not the parent/guardian of that child or authorized to do so on behalf of a School.

When you create a User Account (including as a parent or guardian of a child or on behalf of a School or other entity), you will be asked to provide a valid email address.

You should create a strong password to maintain privacy over your account and you should change it often to keep your account secure. It is solely your responsibility to maintain a strong password and keep it secret. You are responsible for the actions of any third party that gains access to your User Account.

You understand and acknowledge that you have no ownership rights in your User Account and that if you cancel your User Account or your User Account is terminated, any data associated with your User Account, including games, profiles, drawings, and saved items may, at Jewish Interaction’s sole discretion: (i) be deleted from Jigzi and removed from any public area of the Service; or (ii) remain available on Jigzi, and accessible to Jigzi users and third parties subject to the terms and conditions of the Terms. We reserve the right to force forfeiture of any username for any reason at any time.

3. User Content:

You are solely responsible for and represent and warrant that you have the right to use any data, text, files, information, usernames, games, graphics, audio recordings, voice recordings profiles, links and other content or materials (collectively, “User Content”) that you submit, post, record, upload, import or display on or via the Services or otherwise transmit to us as set forth in these Terms, including any User Content from a subaccount that you create. You may submit, post, record, upload or display User Content, only if you are authorized to do so and to permit our users to make use of the User Content as set forth in these Terms. You are responsible at your sole cost and expense for creating backup copies and replacing any User Content that you post or store on the Services. You may utilize Jigzi to communicate and connect within the platform, content library, and related services, and to create educational content that you may use outside of Jigzi. While we encourage free expression, all creations, profiles and content should maintain a courteous tone. Please be aware that the Services are intended to be used by individuals under the age of 13. Accordingly, exercise common sense and your best judgment when you submit or post User Content or any personal or other information.

Except as expressly set forth in our Privacy Policy, we have no obligation of confidentiality with regard to your User Content and we will not be liable for any use or disclosure of any User Content you provide through the Services or otherwise. Unless agreed to otherwise in writing, your relationship with us is not a confidential, fiduciary, employment, contractor or other type of special relationship, and your decision to submit any User Content does not place us in a position that is any different from the position held by and between members of the general public, including with regard to your User Content.

By posting any User Content on the Services, or otherwise providing any information to Jewish Interactive, including without limitation games, drawings, suggestions, feedback, or other materials you submit to Jewish Interactive through the Services, you hereby grant to Jewish Interactive, its licensees, agents, and users of Jigzi, an irrevocable, world-wide, royalty-free, non-exclusive license to edit, copy, use, reproduce, publish, translate, modify, adapt, transmit, create derivative works from and distribute that User Content and information, as applicable, (in whole or in part) without any compensation, credit or obligation to you, subject to the Terms and Privacy Policy. Such use must be educational and noncommercial, unless the owner of the User Content has given authorization to make commercial use of User Content directly.

Jewish Interactive does not assert any ownership over any submitted User Content. Rather, subject to the rights granted to us in these Terms, you retain full ownership of all of your submitted User Content and any intellectual property rights or other proprietary rights associated with your submitted User content.

You understand and agree that Jewish Interactive may preserve User Content, and may also disclose User Content, including personally identifiable information (notwithstanding the Privacy Policy), if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of any other applicable agreement or policy; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Jewish Interactive, its users and the public. Without limiting the generality of the foregoing, Jewish Interactive may be required to disclose information pertaining to User Content to individuals asserting rights under the Digital Millennium Copyright Act (DMCA), and you expressly authorize Jewish Interactive to comply with any and all lawful notices, subpoenas, court orders, or warrants without prior notice to you.

By using the Services you represent that you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Jigzi or any User Content. The Jigzi name and logo are trademarks of Jewish Interactive, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Jewish Interactive.

Jigzi:

Basic & Pro Plans (Individuals and Schools):

Jewish Interactive is pleased to offer Jigzi Basic & Pro Plans.
Users who sign up for a Jigzi Basic or Pro Plan subscription have unlimited access to a comprehensive collective of interactive lessons on Jewish topics.
Users who sign up for a Jigzi Pro Plan subscription (including a School subscription) have the ability to make their own unlimited User Content and can choose to make their User Content private so that other users may not engage with or edit their User Content without permission.
Users who sign up for a Jigzi Basic Plan subscription have the ability to make their own limited User Content and can choose to make their User Content private so that other users may not engage with or edit their User Content without permission.
Users who sign up for a Jigzi Free subscription have the ability to make their own limited User Content and can choose to make their User Content private so that other users may not engage with or edit their User Content without permission.
The benefits of a Jigzi Basic & Pro Plan are explained in detail here.

Charges for Jigzi Basic & Pro Plans will be disclosed to you on the Service before you complete your purchase.

Subscription Terms:

What happens when the free trial for a subscription expires?
When the subscription’s trial period expires, your paid subscription will begin immediately. You will get a reminder by email 24 hours before your free trial is due to expire (Individual monthly & annual subscriptions). If you wish to cancel at any time during your trial period, go to Account in the top-right menu then, scroll down to My current plan, click on the pink Customer portal button and then you will have an option to Cancel Plan which will cancel your plan at the end of the free trial and you will not be charged. For School subscriptions you will be contacted towards the end of your free trial period with payment options in order to confirm the (annual) subscription.

Can I cancel my paid subscription anytime?
After the free trial period has ended, you can downgrade to our free plan at any time and no further payments will be taken. To do this go to Account in the top-right menu, scroll down to My current plan, and click on the Auto renew slider to switch off the monthly or annual Auto renew function. You will still have full access to your subscription until the end of the billing period. You can also click the pink Customer portal button, where you can cancel your plan.

When will payments be taken?
The first payment is taken at the end of your free trial period and then recurring payments on the same day each month thereafter (monthly subscriptions). You will get a reminder by email 24 hours before your monthly renewal. For annual subscriptions you will be charged once for the year after your trial period has finished. You will get a reminder 30 days before your annual renewal.

How can I change my payment card details?
If a payment has already been made, we cannot refund and recharge this payment. However, if you would like to change payment methods for any upcoming charges, go to Account in the top-right account menu, scroll down to My current plan and then click the pink Customer portal button. There you can change your payment method.

Can I switch subscriptions later on?
Yes, but you need to contact us by emailing [email protected].

If I cancel, can I resume a subscription later?
Yes, your JIGs, playlists, & resources, will remain in our cloud system and you’ll still be able to use all of the features included in your FREE account.

What happens to my JIGs, playlists, resources, and courses if I downgrade to a FREE account?
Anything you have created and published will continue to work as before. You will still be able to edit, play, and share your creations, however, you will no longer be able to create playlists, resources, or courses, and if you have already created 5 JIGs you will not be able to create new ones. When you decide to return and renew a paid subscription, you will regain full access to premium content and tools provided in the paid plan.

If for any reason Jewish Interactive is unable to fulfil the services paid for in advance for a subscription plan (annual), the subscriber will be provided with a refund pro-rata in relation to the remaining amount of time left of the plan.

4. General Terms and Conditions

You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Jewish Interactive is not responsible or liable for the conduct of any user. Jewish Interactive reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.

You understand that Jewish Interactive cannot and does not guarantee the identity of any other user with whom you interact in the course of using the Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that users may provide about themselves or any other User Content that is posted or otherwise made available on the Services. You agree that you must evaluate, investigate and bear all risks associated with the use of any User Content, including reliance on the accuracy, completeness, non-infringement, or integrity of such User Content.

Although it is Jewish Interactive’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links or equipment. You acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

You agree that you are responsible for all data charges and/or any fees you incur through use of the Services.

You shall use Jigzi as provided in these Terms or in any other agreement you have with Jewish Interactive. You shall use Jigzi in accordance with all applicable privacy and data protection laws, and you agree you shall not further disclose any of the data from Jigzi to any third party, unless you are authorized to do so by Jewish Interactive.

You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from Jigzi from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share your login credentials with any other party.

In order to ensure a safe and effective experience for all of our users, Jewish Interactive reserves the right to limit the amount of data that may be accessed by you in any given time period.

YOU MAY NOT DO THE FOLLOWING ON Jigzi:

Use the Services for any unlawful purpose, including but not limited to conspiring to violate the law.

Make commercial use of any aspect of Jigzi, including without limitation, User Content; provided, however, that commercial use of User Content is permitted with authorization from the owner of the User Content.

Post any content that is unlawful, fraudulent, harmful, threatening, abusive, harassing, bullying, defamatory, vulgar, obscene, inappropriate, invasive of another’s privacy, hateful, violent, discriminatory, infringing, pornographic, or that you do not have the right to transmit under any law or under any contractual relationship.

Create a false or misleading identity, including by soliciting, collecting or using login credentials that are not yours to impersonate someone else or to collect information about others. Impersonating another for the purposes of creating a Jigzi account or gaining access to a Jigzi account is also expressly prohibited.

Transmit, email or post any content that contains any form of software virus or similar program, including but not limited to, any worms, Trojan horses, time bombs, cancel-bots, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter, disrupt, impair, or interfere with the way any Jigzi platform is rendered or displayed in a user’s browser or device.

Access the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler, scraper, or by viewing our cache.

Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Services.

Sell, transfer, license or assign your account, followers, username, or any account rights. Jewish Interactive prohibits the creation of accounts for anyone other than yourself with the exception of (a) parents or guardians who create subaccounts on behalf of their children; (b) representatives of Schools who are authorized by a School to use Jigzi on behalf of students (including for those who are under the age of 13); and (c) representatives of entities that are not Schools who are authorized to use Jigzi to create User Accounts on behalf of their organization or its membership (not including for those who are under the age of 13). By using Jigzi, you agree that you will not create an account on behalf of another person or entity except as otherwise expressly allowed under these Terms and the Privacy Policy. You also represent that all information that you provide or provided to Jewish Interactive upon registration, and at all other times, will be true, accurate, current, and complete.

Post private or confidential information via the Service, including, without limitation, your or any other person’s social security, credit card information, or alternate national identity numbers.

Change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Jewish Interactive.

Send or post spam, or any type of unsolicited commercial email to other Jigzi users.

Use any trademarks, domain names or web URLs in your username without prior written consent from the appropriate trademark or business owner.

Post, transmit or share User Content to the Service that you did not create or that you do not have permission to use. While Jewish Interactive has the right to monitor activity and content on the Service, and may prescreen User Content, we are not obligated to do so.

Attempt to interfere with another user’s use and enjoyment of the Service.

Delete any material posted by any other person or entity without authorization to do so.

5. Third Parties

There may be links from the Services, or from communications you receive from the Services, to third party web sites or features, including without limitation a third party payment vendor. There may also be links to third party websites or features in images or comments within the Services. The Services may also include third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that Jigzi is in no way responsible or liable for any such third party correspondence, services or features, including without limitation the information collection practices of third parties. Any access to and use of such third party web sites or features is not governed by the Terms, but is instead governed by the policies of those third parties. Your correspondence and business dealings with third parties found through the service including other users is solely between you and the third party. Any contact information you choose to post is posted at your own risk.

If you access the Services using an Apple iOS, OSX, Android or Microsoft Windows-powered device or platform, your access to the Services is also subject to the usage terms set forth in the applicable third party’s terms of service of any operating system that you may be using.

When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and not all aspects of the Services may work with your network provider or device.

6. DMCA Notice & Takedown Procedure, Counter-Notification

We respect other people’s rights, and expect you to do the same. We will respond expeditiously to claims of copyright infringement committed using the Services. If you believe that your work has been copied and posted on Jigzi in a way that constitutes copyright infringement, please deliver a notice to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. 512) (the “DMCA”) to respond to such concerns, with the following:

a description or an image of the copyrighted work(s) that you claim have been infringed to enable us to identify the work(s);

a description of where the material that you claim is infringing is located on the Service (for example, a link to the page that contains the work(s));

your name and contact information so that we may contact you (for example, your address, telephone number, and email address);

a written 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;

a statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;

and your electronic or physical signature.

The Jewish Interactive DMCA contact details for notice of claims of copyright infringement is:

Jewish Interactive, Inc.
Attn: DMCA Agent, Ji
1856 N Nob Hill Road
#219
Plantation
Florida
USA

Email: [email protected]

Upon receipt of notice as described above, Jewish Interactive will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Service, in accordance with applicable law. If we remove the challenged material from the Service, we may notify the user with details about your takedown notice so that the user may submit a counter-notification.

If material that you submit to the Service has been taken down pursuant to a DMCA notice, you may file a counter-notification that contains the following and send it to the DCMA contact above:

a description or an image of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

your name, address, telephone number, and email address;

a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Jewish Interactive may be found, and that you will accept service of process from the person who submitted a notice in compliance with § (c)(1)(C) of the DMCA as generally described above;

and your electronic or physical signature.

Repeat infringers will have their User Accounts terminated and may face legal action. DMCA notices and counter-notifications are only accepted to address copyright infringement claims and are not the proper method to report other legal claims (e.g., non-copyright issues such as trademark, defamation, or privacy) or violations of our Terms. There may be legal sanctions for knowing and material misrepresentations in a DMCA notice or counter-notification.

7. Indemnification

By accepting these Terms, you agree to indemnify, defend and hold harmless Jewish Interactive, its agents, licensors, managers, users, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access of the Service; (c) your violation of any third party right, including without limitation any right of privacy or intellectual property; (d) your violation of any applicable law, rule, or regulation; (e) any content or information that is submitted via your User Account; or (f) any other party’s access and use of the Service with your unique email address/username and password.

Jewish Interactive reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with Jewish Interactive in the defense of any such claim, action, settlement or compromise negotiations, as requested by Jewish Interactive.

8. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. JEWISH INTERACTIVE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE SERVICES.

THE RELEASED PARTIES MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY USER CONTENT, INFORMATION OR MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (e) THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS; (f) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (g) THAT OTHER USERS OR THIRD PARTIES WILL COMPLY WITH THESE TERMS OR THE PRIVACY POLICY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JEWISH INTERACTIVE OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Third party services that are accessible through the Services may provide warranties and applicable disclaimers in their terms of use and related documents. We encourage you to review their terms of use for more information on their warranties and applicable disclaimers.

9. Limitations on Liability

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICE OR YOUR ACCESS, USE OR INABILITY TO USE THE SERVICE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, DATA BREACH, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND (e) NON-COMPLIANCE BY ANY USER OR THIRD PARTY OF THESE TERMS OR THE PRIVACY POLICY.

JEWISH INTERACTIVE RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SERVICE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE SERVICE. NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL JEWISH INTERACTIVE’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

10. Dispute Resolution, Governing Law & Venue

YOU AGREE THAT YOU HAVE WAIVED ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST JEWISH INTERACTIVE.

These Terms are governed by and construed in accordance with the laws of the New York, without giving effect to any principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to resolve any dispute you have with Jewish Interactive exclusively in a state or federal court located in New York County (Borough of Manhattan), New York and to submit to the personal jurisdiction of the state and federal courts located in New York County for the purpose of litigating all such disputes.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Jewish Interactive’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. Territorial Restrictions

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Jewish Interactive to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Jewish Interactive provides.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

12. Miscellaneous

The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. If Jewish Interactive in any case decides not to exercise or enforce any right or provision of the Terms, that shall not constitute a waiver of any such right or provision. If any provision of the Terms or any incorporated documents are found by a court to be invalid, you agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third party beneficiaries to this agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Services.

We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. Contact Us

Please send any questions, concerns or comments, or report violations of the Terms to us at [email protected].