JEWISHENCYCLOPEDIA.COM© End User Agreement

1. Agreement and General Terms of Use

1.1 This End User Agreement constitutes the agreement between JewishEncyclopedia.com ("JE.com"), the Kopelman Foundation ("Kopelman Foundation") and you as a user who accesses or establishes a connection ("user," "you," or "your") to the JewishEncyclopedia.com service ("Service"), which is owned and controlled by the Kopelman Foundation.

1.2 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Service, and your use of the Service constitutes your agreement to abide by these provisions. You are solely responsible for your use of the Service, for all use of the Service made by others using your user name and password, and for ensuring that such use complies fully with the provisions of this Agreement.

1.3 JE.com reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. JE.com will notify users of any changes by posting them on the Service or through other reasonable means of providing notice. Any changes to this Agreement will be effective immediately upon notice to you. Your use of the Service after notice of changes to this Agreement have been made will be deemed your acceptance of the changes.

1.4 JE.com reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Service, as well as any aspect pertaining to the use of the Service. JE.com further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Service based on JE.com' belief that your use of the Service violates that permitted by this Agreement or applicable law.

1.5 If you do not agree to the provisions of this Agreement or are not satisfied with the Service, your sole and exclusive remedy is to discontinue your use of the Service.

2. User Activities and Information on the Service

2.1 You will use the Service and any content, material, or information found on the Service solely for lawful, non-commercial purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

2.2 You warrant that any material or information that you make available through the Service, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from making any material or information available through the Service.

2.3 By making any material or information available through the Service, you automatically grant to JE.com a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal use.

2.4 JE.com has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself made available through the Service, and JE.com is not responsible for any content of this material or information. However, JE.com reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any rights of any other person or entity. Further, JE.com reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

2.5 JE.com reserves the right to collect, use, and distribute demographic data about you and your use of the Service in forms that do not identify you individually or reveal your identity.

3. Rights in Service Content and the Service

3.1 All content provided by JE.com on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by JE.com. The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by the Kopelman Foundation. JewishEncyclopedia.com is a trademark of JE.com. All other trademarks appearing on the Service are the property of their respective owners.

3.2 You may search, retrieve, display, download, and print content from the Service solely for your personal, internal use, and shall make no other use of the content without the express written permission of JE.com and the copyright owner (or its authorized agent) of such content. You will not modify, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Service. Further, you will not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Service that would create any electronic data base or archive containing such content. However, assuming your compliance with the terms of this Agreement, you may on an occasional, infrequent basis distribute in paper form or through electronic mail single copies of individual works of content contained in the Service in connection with the uses permitted by this Agreement. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content on the Service or the Service itself without the express written permission of JE.com and the copyright owner or its authorized agent. You agree that you do not acquire any ownership rights in any downloaded content. Your further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to JE.com and/or its licensors.

3.3 Certain content found on the Service may be subject to additional terms and conditions as specified in Section 11 below.

4. User Activities and Privacy of User Information on the Service

4.1 You will use the Service and any content, material, or information found on the Service solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services

4.2 You warrant that any material or information that you make available through the Service, including, for example, postings to chat areas and forums, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Service. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any damage resulting from your making any material or information available through the Service.

4.3  You warrant that any material or information that you make available through the Service is proper, and when applicable, relevant to the topic on the Service.  By way of example, and not as a limitation, you agree that when you make any information available on the Service, you will not:

• Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Service or other user or usage information or any portion thereof.

4.4 By making any material or information available through the Service, for example, in postings to chat areas and forums, you automatically grant to JE.com a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Service, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's personal, internal use.

4.5 JE.com has no obligation to, and does not and cannot, review every item of material or information that you and users other than yourself make available through the Service, and JE.com is not responsible for any content of this material or information. However, JE.com reserves the right to review materials posted to the Service and to remove any materials in its sole discretion. JE.com reserves the right to terminate your access to the Service at any time, without notice, for any reason whatsoever.   JE.com reserves the right at all times to disclose any information as JE.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in JE.com’s sole discretion.  

4.6  Always use caution when giving out any personally identifiable information about yourself or your children on the Service. JE.com does not control or endorse the content, messages or information found in the Service and, therefore, JE.com specifically disclaims any liability with regard to the Service and any actions resulting from your participation in any Service. Managers and hosts are not authorized JE.com spokespersons, and their views do not necessarily reflect those of JE.com.   Materials uploaded to the Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

4.7 JE.com reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist us in improving the Service. JE.com further reserves the right to distribute such data in forms that do not identify you individually or reveal your identity. JE.com may also distribute such data in forms that identify you individually or reveal your identity, but only if you expressly give your consent to such distribution in response to a request made by JE.com, or as otherwise provided in the Electric Library privacy policy, which is incorporated herein by reference. Please familiarize yourself with the privacy policy by clicking on "Privacy Policy" (or another similar link) at the bottom of the Service's home page.

5. Disclaimer of Warranties & Limitation of Liability

5.1 You expressly agree that use of the Service is at your sole risk. Neither JE.com, the Kopelman Foundation nor any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors warrant that the Service will be uninterrupted or error free or that they will be free of viruses or other harmful components nor do they make any warranty as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability, completeness, or contents of any content, information, material, postings, or posting responses found on the Service, any merchandise or services provided through the Service, or any links to other sites or services made available on the Service.

5.2 The Service, all content, material, information, postings, or posting responses found on the Service are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

5.3 Under no circumstances, including, but not limited to, negligence, shall JE.com, the Kopelman Foundation (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors), be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, any content, information, material, postings, or posting responses on the Service, OR the Service itself. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that JE.com, the Kopelman Foundation, (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors), is not liable for any defamatory, offensive or illegal conduct of any user, including you. In no event shall the total liability of JE.com, the Kopelman Foundation (or any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors) to you exceed the amount paid by you to JE.com during the twelve (12) months prior to any claim of injury or damage.

6. Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless JE.com, the Kopelman Foundation (and any of its parents, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. JE.com and the Kopelman Foundation reserve the right, in their sole discretion and at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

7. Fees and Payments

JE.com reserves the right, in its sole discretion, at any time to charge fees for access to and use of the Service, or any portions of the Service. If JE.com elects to charge fees, it will post notice on the Service of all provisions pertaining to fees and payments.

8. Notices between Us

You will contact us by sending electronic mail to info@jewishencyclopedia.com. We will contact you by sending electronic mail to the address you provide to us, or by posting a notice on the Service.

9. Termination

JE.com may terminate this Agreement and your use of the Service, or discontinue the Service, at any time. JE.com shall have the right immediately upon notice to you to terminate your use of the Service in the event of any conduct by you which JE.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.

10. Law Governing Performance and Disputes

This Agreement, your performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the Commonwealth of Pennsylvania, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the Commonwealth of Pennsylvania and the United States District Court for the Eastern District of Pennsylvania in any and all actions, disputes, or controversies relating to this Agreement.

11. General Terms

This Agreement and any rules posted on the Service by JE.com constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either JE.com or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of JE.com, the Kopelman Foundation and their successors, trustees, and permitted assigns. Either JE.com or the Kopelman Foundation may assign this Agreement, or any of their rights or obligations under this Agreement, with or without notice to you. Any such assignment by JE.com or the Kopelman Foundation does not relieve you of your obligations under this Agreement.

12. Other Notices

12.1  The Service may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of JE.com and JE.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JE.com is not responsible for webcasting or any other form of transmission received from any Linked Site nor is JE.com responsible if the Linked Site is not working appropriately. JE.com (and other users of JE.com are) providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JE.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. JE.com shall not be responsible or liable for any part of any such dealings or promotions

12.2   Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. To see notice and procedure for making claims of copyright infringement visit http://www.jewishencyclopedia.com/CopyInf.jsp

Updated: August 1, 2002