Keshet International Terms of Use
Welcome to http://www.keshetinternational.com/ (together with its subdomains, Content, Marks, features, functionalities and services, the “Site”).
Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to the Site and Keshet Broadcasting International Ltd. ("Keshet International", "we", "our" or "us"). By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use and the Privacy Policy (together the "Terms"). If you do not agree to be bound by these Terms, please do not access or use the Site.
1. Background. The Site is intended to provide information about Keshet International, the Keshet Media Group and any other related Keshet entities, such as information about our catalogue, our team, news concerning Keshet, our job offers and “contact us” options.
2. Modification. We reserve the right, at our sole discretion, to change these Terms at any time. Such change will be effective, unless we specify otherwise, five (5) days following posting of the revised Terms on the Site, and your continued access and /or use of the Site thereafter means that you accept those changes. If you do not agree with any changes to the Terms, your sole remedy is to not use the Site.
3. Ability to Accept Terms. In no case are persons under the age of thirteen (13) permitted to use the Site. Individuals under the age of eighteen (18) may utilize the Site only with the involvement of a parent or legal guardian and you must review these Terms with your parent or legal guardian before visiting or using the Site to make sure that you and your parent or legal guardian understand these Terms and agree to them.
4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and any applicable laws and regulations.
5. Restrictions. Use of this Site is only permitted for personal and non-commercial purposes only. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers, systems or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Account. In order to use some of the services of the Site (such as “view showreel”), you may have to create an account ("Account"). You agree not to create an Account for anyone else or use the Account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Keshet International immediately of any breach of security or unauthorized use of your Account. As between you and Keshet International, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Keshet International at info@keshetinternational.com
7. Payments. Except as expressly set forth in the Terms, your general right to access and use the Site is currently for free, but we may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having, or losing, access to some or all of the Site.
8. Intellectual Property Rights.
8.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, catalogue, titles, articles, brochures, descriptions, products, software, source code and object code, graphics, photos, images, sounds, videos, interactive features, and services (collectively "Content"), and (ii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Keshet International and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. The term “Keshet International” and the “Keshet International” logo are Marks of Keshet International and/or its affiliates or companies of the Keshet Media Group. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
8.2. Use of Content. Content on the Site is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
8.3. Submission of materials and ideas.
8.3.1. Keshet International, Keshet Media Group and any other Keshet entities (including their employees, directors and/or members) do not accept or consider unsolicited submissions of any kind (e.g., ideas or any other materials concerning new formats, new shows, new media content, new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new names etc.; together "Submissions"). Please do not submit to Keshet International, Keshet Media Group and other Keshet entities or any of their employees, directors or members, any Submissions of any kind or nature, in any form. Please be advised that Keshet entities engage, inter alia, in the development of new ideas, new formats, new TV shows etc., and that any idea or other materials submitted by you to any employee or other representative of any of Keshet's entities, may relate to an idea, format or show, already considered or examined or under development by a Keshet entity. The sole purpose of this provision is to avoid potential misunderstandings or disputes when our formats, products, services or marketing strategies might seem similar to ideas submitted to us. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following provision shall apply.
8.3.2. Keshet International does not accept Submissions (including scripts, articles, ideas, concepts, etc.). It is Keshet International's policy to delete any such Submission without reading it. Any similarity between a Submission and any elements in any of Keshet International's work would be purely coincidental. By your continued use of the Site, you acknowledge that you have read and understand Keshet's policy regarding Submissions.
9. Third Party Sources and Content.
9.1. The Site may enable you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us ("Third Party Content"). The Site may also enable you to communicate and interact with Third Party Sources. "Third Party Source(s)" means: (i) third party websites and services; and (ii) our partners and customers.
9.2. We are not affiliated with, and have no control over, any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use, privacy policy and any other legal documents of any Third Party Source that you interact with before you engage in any such activity.
9.3. We are not responsible for, and we expressly disclaim all warranties regarding the accuracy, appropriateness, usefulness, fitness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
9.4. We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
9.5. By using the Site you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
9.6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
10. Spam. You agree not to, and will not, send unauthorized commercial communications by using the Site and/or by extracting email addresses from the Site, and you shall be solely responsible and liable for any such unauthorized communications.
11. Information Description. We attempt to be as accurate as possible. However, we cannot, and do not, warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
12. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Keshet International, its users or the public.
13. Links.
13.1. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release us from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
13.2. Keshet International permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with us or present any false information about us and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website which prohibites linking to third parties; (v) such third party website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
14. Privacy. We may use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy which is available at www.keshetinternational.com/privacy-policy. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
15. Warranty Disclaimers.
15.1. This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
15.2. THE USE OF THE SITE AND/OR THE CONTENT IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
15.3. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
15.4. THE SITE IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH YOU SHOULD RELY. YOU MUST OBTAIN PROFESSIONAL OR SPECIALIST ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT ON THE SITE.
16. Limitation of Liability.
16.1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
16.2. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO KESHET INTERNATIONAL FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
17. Indemnity. You agree to defend, indemnify and hold harmless Keshet International, Keshet Media Group and other Keshet entities, as well as their affilaites and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; (iii) your violation of third party rights and/or applicable laws or regulations.
18. Term and Termination. Keshet International, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time, with or without cause (including, without any limitation, for a breach of these Terms). We shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 8 (Intellectual Property Rights), 14 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 19 (Independent Contractors) to 21 (General) shall survive termination of these Terms. During or after termination of these Terms, you shall not perform any actions which may damage our rights, property, reputation or goodwill.
19. Independent Contractors. You and Keshet International are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Keshet International. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Keshet International, Keshet Media Group or any other Keshet entity (or any of their affiliates).
20. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Keshet International without restriction or notification to you. Any prohibited assignment shall be null and void.
21. General. We reserve the right to discontinue or modify any aspect of the Site at any time. These Terms and the relationship between you and Keshet International shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that we may seek injunctive or other equitable relief in any court of competent jurisdiction. These Terms shall constitute the entire agreement between you and Keshet International concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Nothing in these Terms shall limit your rights under mandatory applicable laws or regulations.
Last updated: February 2018