Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU AND YOUR COMPANY SHALL BE DEEMED TO HAVE ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF USE.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THIS WEBSITE.

  1. Acceptance. The following terms of use (“Terms of Use”) apply to all users of this website (the “Site”) and constitute a legal agreement between (a) Shem VeNer, an Israeli non-profit organization (“Shem VeNer”) and (b) you, and if accessing the Site on behalf of your company or organization (either, a “company”), then also your company. By using the Site you represent and warrant that: (i) you have, or if applicable, an appropriate representative of your company has read, understands and agrees to be bound by the Terms of Use and you have the power, authority and legal right to use the Site in accordance with these Terms of Use on behalf of yourself and if applicable, your company; (ii) if using this Site on behalf of your company, such use has been duly authorized by all requisite action, corporate or otherwise; and (iii) these Terms of Use are a valid, legal and binding obligation of you and your company, enforceable in accordance with its terms. If you or, as applicable, your company do not agree to these Terms of Use, you cannot use the Site. Shem VeNer may amend these Terms of Use from time to time, without notice, which amendments will be posted on the Site and will become effective upon posting. It is your responsibility to review these Terms of Use to determine if there have been any changes, which will be indicated by a revision to the effective date posted above. Your continued use of the Site after posting shall constitute your, and if applicable your company’s, acceptance of and agreement to be bound by the amended Terms of Use. Reference to the terms “you”, “your” or “yourself” in the remainder of these Terms of Use refers to both you and your company, collectively, unless otherwise expressly indicated.
  2. Scope of License. You acknowledge that all information(including, without limitation, text, layout, design elements, trademarks, files, databases, audio and video clips,images, label data, school lesson plans, promotional information, and interactive software) published or otherwise made available on this Site (collectively, the “Information”) is protected in the State of Israel and internationally by a variety of laws including, without limitation, copyright laws, trademark laws, patent laws, and other proprietary rights laws. Accordingly, any unauthorized use of any such Information may violate any of such or other laws. You acknowledge that Shem VeNerits licensors or other third parties are the sole and exclusive owners of all right, title, and interest in the Site and the Information and you have no right, title or interest therein. The Information is provided by Shem VeNer as an accommodation to its users, and may be used by you only to promote your use of the Site and the creation of labels for “Our 6 Million” candles through the Site(the “Purpose”). This is a license, not a transfer of title. You acknowledge that there may be situations where the Information is subject to change, qualifications, variations, adjustments or modifications without notice. Moreover, you acknowledge and agree that the Site and the Information contained thereon may contain errors, omissions, inaccuracies, mistakes or deficiencies. Accordingly, you hereby acknowledge and agree that these risks and exposures exist while utilizing this Site, that your use of this Site is subject to such risks and exposures, and that Shem VeNer will have no liability on account of any of the foregoing, and that this Site should be used as a guideline only. Shem VeNerreserves the right to change, suspend, remove, or disable access to the Site or any feature thereof, at any time without notice. In no event will Shem VeNerbe liable for any removal of or disabling of access to any portion of the Site.
    You may not: (a) modify, distribute, publish or transmit the Information for any public or commercial purpose; (b) without Shem VeNer’s express written permission, reproduce the Information in any form, or by any means, except to download or print a candle label through this Site; (c) remove any copyright or other proprietary notices from the Information or on any copy authorized by Shem VeNer; (d) allow or permit access to, or use of the Site, or any component thereof, by any unauthorized third parties or for any unlawful purpose; (e) engage in any conduct that in Shem VeNer’s sole and absolute discretion, restricts, inhibits or impacts any other authorized user from using the Site; (f) engage in any activities or practices that disrupt, circumvent or otherwise interfere with the operation of the Site; (g) perform any act or omission that would violate these Terms of Use; (h) use the Information to compete with Shem VeNer or otherwise in any way directly or indirectly detrimental to Shem VeNer; (i) use automated scripts to collect information from or otherwise interact with the Site; (j) use the Site to make available any content that is or may be harmful, threatening, false, inaccurate, misleading, unlawful, defamatory, disparaging, libelous, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable; (k) use the Site to make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to time bombs, Trojan horses, and worms.; (l) use the Site to make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation providing any advice that requires a professional license or certification under applicable law; (m) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; (n) express or imply that any statements you make are endorsed by Shem VeNer; (o) decipher, decompile, disassemble or reverse engineer any of the software comprising of, or in any way making up all or part of the Site;or (p) unless prior written permission is granted byShem VeNer, deep link, hot link, frame or otherwise make available content provided by the Site in any fashion so as to avoid the standard processes for viewing content through the Site.
    Without limiting Shem VeNer’s rights under section9, Shem VeNer may terminate this license at any time if you are in breach of these Terms of Use.
  3. User Provided Content. This Site might include discussion forums or other interactive areas where users may post content, including, but not limited to, bulletin boards, and recipe storage and exchange areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or make available in these interactive areas of this Site. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise made available on or through the Site by you will misappropriate, violate, or infringe upon the rights of any third party, including copyright, patent, trademark, trade secret, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material; or contain material that otherwise violates these Terms of Use. By submitting or posting content on the Site, you grant Shem VeNer, its affiliates, assigns, agents, and licensees the irrevocable, perpetual, worldwide, royalty-free right to reproduce, display, perform, distribute, adapt, and promote such content in any medium.
  4. Acceptable Use. You agree to: (a) use the Site as an authorized user, only for the Purpose and only in accordance with the Terms of Use; (b) comply with any and all applicable rules governing transactions on and through the Site; and (c) comply with all applicable laws and regulations that pertain to your use of the Site. In the event of any unauthorized use of the Site or should any unauthorized use of the Site be reasonably suspected by you or your company, you must notify Shem VeNer immediately by telephone and concurrently provide written notice of the circumstances surrounding the event.
  5. Disclaimer. THE Information CONTAINED IN THIS Site AND ALL LABELS ARE PROVIDED (AND THIS Site IS MADE AVAILABLE) “AS IS”, “WITH ALL FAULTS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ALL OF WHICH ARE HEREBY WAIVED. Shem VeNer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AS TO WHETHER Shem VeNer’s SERVICES, LABELS, SOFTWARE OR THIS SiteOR THE Information HEREIN OR THEREIN ARE FREE FROM CLAIMS OF THIRD PARTIES CONCERNING INFRINGEMENT OR THE LIKE. Shem VeNer DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE Site, LABELS OR Information, AND MAKES NO COMMITMENT TO UPDATE THE Site ORInformation CONTAINED HEREIN. Shem VeNerCANNOT GUARANTEE OR WARRANT THAT THE Site IS FREE OF VIRUSES, TIME BOMBS, TROJAN HORSES, WORMS AND OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR HARMFUL COMPONENTS.Shem VeNer CANNOT GUARANTEE OR WARRANT THAT THIS Site IS FREE OF SAME WHEN IT IS ACCESSED BY A USER, NOR DOES IT MAKE ANY SUCH REPRESENTATION OR WARRANTY, AND SAME ARE HEREBY WAIVED. USERS BROWSE AND USE THIS Site AND Information CONTAINED HEREIN AT THEIR OWN RISK. Information CONTAINED IN THIS Site IS PROVIDED WITH THE EXPRESS UNDERSTANDING THAT Shem VeNer IS NOT RENDERING ADVICE OR OPINIONS ON SPECIFIC FACTS AND MATTERS AND, ACCORDINGLY, Shem VeNerASSUMES NO LIABILITY IN CONNECTION WITH THE USE OF THIS Site OR THE Information OR LABELS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Shem VeNerBE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES, OR LOST PROFITS OR EXPENSES OF WHATSOEVER KIND AND NATURE, IMPOSED UPON, INCURRED BY OR ASSERTED OR AWARDED AGAINST YOU,DIRECTLY OR INDIRECTLY ARISING OUT OF,RELATING TO OR RESULTING FROM: (I) THE Site; (II) YOUR USE, YOUR INABILITY TO USE, OR ANY RESULT OF YOUR USE OF THIS Site OR ANY WEBSITES THAT ARE LINKED TO OR FROM THIS Site; (III) YOUR USE (OR RELIANCE ON ANY) OF THE LABELS ORInformation CONTAINED IN THIS Site OR ANY SITE LINKED TO OR FROM THIS Site; (IV) ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED, UNDER THESE Terms of Use OR OTHERWISE; OR (V) ANY OTHER BREACH OF ANY OBLIGATION OR DUTY OWED BY Shem VeNerHEREUNDER OR UNDER APPLICABLE LAW, REGARDLESS OF WHETHER THE LIABILITY RESULTED FROM ANY GENERAL OR PARTICULAR REQUIREMENT OR NEED WHICH Shem VeNer KNEW OR SHOULD HAVE KNOWN OF. THIS LIMITATION OF LIABILITY WILL APPLY TO ANY CLAIM WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER Shem VeNer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY TERM OF ANY AGREEMENT BETWEEN YOU AND Shem VeNerIS FOUND UNCONSCIONABLE OR UNENFORCEABLE FOR ANY REASON, THIS PROVISION OF WAIVER BY AGREEMENT OF CONSEQUENTIAL DAMAGES SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT.
  6. Trademarks. Any trademarks, logos, slogans, product designations, service marks, and trade dress (collectively “Marks”) displayed on this Site are the property of Shem VeNer or other third parties. You are not permitted to use these Marks without the prior written consent of Shem VeNer or such third party thatmay own any suchMark. This Site may contain information and disclosures which may be the subject of intellectual property protection owned by Shem VeNer. Notwithstanding anything to the contrary herein contained, nothing on this Site is to be construed as granting any license whatsoever, by implication or otherwise, to any Marks.
  7. Links to Third Party Sites. This Site may contain links to third party websites (“Third Party Sites”) or offer content from Third Party Sites. Shem VeNer makes no representations about any Third Party Sites or the content thereof which you may access through this Site. You acknowledge that Shem VeNerhas not reviewed these Third Party Sites, has no control over such Third Party Sites or the content thereof, and is not responsible for any of these sites or their content. Accordingly, you acknowledge and agree that access to any Third Party Site is at your own risk and Shem VeNer shall have no liability therefor. Shem VeNer is not responsible for the accuracy, reliability or completeness of any information, data, opinions, advice or statements made on these Third Party Sites. Shem VeNer shall not be liable for any damages or injury arising out of or relating to the content of or from any Third Party Site or your use thereof, and same are hereby waived. Shem VeNer provides these links and content merely as a convenience and the inclusion of thereof does not imply an endorsement, sponsorship or recommendation by Shem VeNer of anything contained on Third Party Sites, or its products or services. Shem VeNer reserves the right to terminate any Third Party Site link or content at any time.Moreover, a Third Party Site may provide a link to this Site (“Links”). This does not indicate an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Shem VeNer. In most cases, Shem VeNer is not aware that a third party has linked to this Site. You acknowledge and agree that Shem VeNer shall not be liable for any damages or injury arising out of or relating to your use of this Site resulting from a Link to this Site from a Third Party Site, and same are hereby waived.

    Shem VeNer cannot guarantee that any of the Third Party Sites, content thereof,or Links will be free from any viruses, time bombs, trojan horses, worms or any other damaging computer programming routines or harmful components. Moreover, Shem VeNer does not make, and you hereby expressly waive, any and all representations and warranties with respect to the availability, use, accuracy, reliability, or the results of the use of, the Third Party Sites, content thereof, and the Links, and same are hereby waived. Accordingly, Shem VeNer hereby disclaims all warranties, express or implied, arising by operation of law or otherwise, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and warranties concerning infringement or the like, all of which are hereby waived.
    If you purchase a product from athird party promoted by this Site, you acknowledge that all orders placed with such third partywill be fulfilled by such third party and not Shem VeNer. Shem VeNer will have no responsibility nor liability of any kind whatsoever on account of or in connection with any product you may order from such third party or the purchase thereof, and same is hereby waived. The third party will be solely responsible for all processing, shipping, returns and customer service related to your order. Products purchased from a third party can only be returned to that third party in accordance with its return policy and cannot be returned to Shem VeNer. Each third party’s shipping information, return policy, customer service information and privacy policy can be found on that third party’s website.

  8. Downloading. To access certain Information on this Site, you may need to download such Information onto your own computer. You acknowledge and agree that your right to download Information from this Site is strictly limited to the Purpose and for no other purpose whatsoever. Information which is downloaded may only be displayed by you for the Purpose, provided it is not modified in any way and that all notices are maintained without change including, without limitation, copyright notices.As more particularly stated in section6, Shem VeNer is not responsible for the completeness, accuracy and reliability of Informationdownloaded onto your systems or the use of such Information. You also acknowledge and agree that any Information downloaded from this Site is done at your own discretion and risk and you are solely responsible for any loss of data or damage to your computer that may result from the download of such Information.
  9. Termination of Access. Shem VeNer shall have the right to terminate, limit or suspend your access to all or any part of the Site at any time, with or without notice, for any reason or no reason, including without limitation, for any conduct that Shem VeNer believes is in violation of these Terms of Use or any applicable laws or is harmful to the interests of another user, any third party or the Site. Moreover, Shem VeNer reserves the right to discontinue the availability of the Site or any portion thereof at any time, and you agree Shem VeNer will have no liability for doing so.
  10. User Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Information therein (“Submissions”) provided by you to Shem VeNer are non-confidential. You represent, warrant and agree that Submissions made by you (i) will be true and accurate; (ii) do not and will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; and (iii) will not contain material that otherwise violates these Terms of Use, applicable laws, rules or regulations.
  11. Contact Shem VeNer. If you need to contact us regarding these Terms of Use, we may be reached by emailing us at [email protected]
  12. Miscellaneous.
    1. This Site is administered by Shem VeNer from its offices in Ramat HaSharon, Israel. Shem VeNer makes no representation that Information in this Site is appropriate or available for use outside the State of Israel. Access to this Site is prohibited in any territories where the content of this Site is illegal.
    2. You acknowledge and agree that the Terms of Use shall be a contract made in the State of Israel. All questions pertaining to the validity, construction, execution and performance of the Terms of Use shall be construed and governed in accordance with the domestic laws of the State of Israel, without giving effect to principles of (i) comity of nations or (ii) conflicts of law.Notwithstanding the arbitration requirements under Section 12(c), Shem VeNer reserves the right to seek injunctive or other preliminary relief in connection with anycontroversy or claim arising out of or relating to the Information, this Site or these Terms of Use. Any such action shall be brought in a court located in the State of Israel and to the extent not otherwise subject to the jurisdiction of such courts, you agree to waive any objection to such jurisdiction and to subject yourself to the jurisdiction of such courts. You further agree that service of process for any such action may be made by certified mail, return receipt requested, or by courier service that regularly maintains records of its pick-ups and deliveries, at your last known address, in addition to any other method of service of process authorized by applicable law.
    3. Any controversy or claim arising out of or relating to the Information, this Site or these Terms of Use shall be settled by binding arbitration in accordance with the Arbitration Law, 1968, as amended, and administered by the Israeli Institute of Commercial Arbitration,and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted in Englishor Hebrew, before a panel of three (3) neutral arbitrators. The place of the arbitration shall be in Tel Aviv, Israel. Any award in an arbitration initiated under these Terms of Use shall be in accordance with Israeli law and may be entered into a court located in the State of Israel. In any arbitration initiated hereunder, the arbitrators will have no authority to award to you any consequential, exemplary, incidental, indirect or special damages, lost profits or punitive or other damages against Shem VeNer.
    4. Failure or delay by Shem VeNer to enforce compliance with any term or condition of these Terms of Use shall not constitute a waiver of such term or condition.
    5. These Terms of Use constitute and contain the entire agreement between Shem VeNer and you with respect to your access to and use of this Site and its content and supersedes and replaces all prior agreements, prepared or otherwise, whether written or oral, concerning your access to and use of this Site.
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