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TERMS OF USE OF TORAHSKILLS.ORG

 

The following rules govern the use by you of TORAHSKILLS.ORG. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on TORAHSKILLS.ORG (collectively, "Information").

BY SIGNING ONTO AND USING TORAHSKILLS.ORG, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.

1.  Special Notice for Minors.

This is a legal document that sets out the rules you must agree to in order to use this website.  If you are under 18 years old, you should have a parent, teacher or other trusted older person explain them to you and be sure that both you and that person agree to them. 
These older supervisors or parents of children can be confident that any personal information that may be provided to our websites will be collected and maintained in accordance with the Children's Online Privacy Protection Act ("COPPA") and are asked to refer to our Privacy Policy for more information. TORAHSKILLS.ORG encourages parents to supervise their children's activities online and to participate with their children's online activities whenever possible.

2. Personal Uses Permitted.

TORAHSKILLS.ORG is an online information exchange service for use by students and colleagues of Rabbi Tzvi Daum at the Jewish Foundation School or elsewhere, and other persons authorized by him. You may not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.

3.  Registration Information and Security.
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration process. If you provide any information that does not satisfy this provision, or TORAHSKILLS.ORG has reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of TORAHSKILLS.ORG. You also agree to promptly notify TORAHSKILLS.ORG of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to TORAHSKILLS.ORG. In addition, you agree to exit from your account at the end of each session.  TORAHSKILLS.ORG  explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

4. User's Obligation to Abide By Applicable Law.

In connection with the use of TORAHSKILLS.ORG, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on TORAHSKILLS.ORG may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil or criminal penalties.

5. Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel or other persons working with TORAHSKILLS.ORG or on its behalf may, in the course of their regular duties, have access to communications for technical or operational purposes. TORAHSKILLS.ORG may also disclose any communications to the extent permitted or required by law or court order.

6. Prohibition against Rogue Programming.

You shall not post, transmit or make available in any way through TORAHSKILLS.ORG any software or other materials which contain a computer virus, Trojan horse, timebomb, worm or other rogue programming ("Rogue Programming"). TORAHSKILLS.ORG has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on TORAHSKILLS.ORG is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

7. Content of Information.

You are responsible for the content of any Information you put on TORAHSKILLS.ORG. TORAHSKILLS.ORG has no legal obligation to monitor or control any Information that is or becomes available on TORAHSKILLS.ORG. TORAHSKILLS.ORG reserves the right to review any Information that is or becomes available on TORAHSKILLS.ORG. TORAHSKILLS.ORG reserves the right to refuse to post or to remove any Information that is, in TORAHSKILLS.ORG’s sole discretion, unacceptable, undesirable or in violation of these rules, of Halacha (traditional Jewish law) or which in his view is inappropriate, harmful or which for any reasons Rabbi Daum and/or TorahSkills.org staff wish to refuse to post or to remove. TORAHSKILLS.ORG has no obligation to exercise such reservation of rights by TORAHSKILLS.ORG, however.

8. Disclaimer of Warranties.

TORAHSKILLS.ORG IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER RABBI DAUM NOR THE JEWISH FOUNDATION SCHOOL WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT TORAHSKILLS.ORG WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

9. Limitation of Damages.

Under no circumstances, including negligence, shall TORAHSKILLS.ORG or the Jewish Foundation School be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use TORAHSKILLS.ORG, including without limitation use of or reliance on information available on TORAHSKILLS.ORG, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.

10.  Copyright of Submissions.

Any and all submissions, entries or other materials submitted by you to TORAHSKILLS.ORG for publication on areas of the website accessible to users become the property of TORAHSKILLS.ORG.  To the extent any court of competent jurisdiction finds that this transfer of rights is ineffective or deficient, your hereby agree to grant to TORAHSKILLS.ORG a royalty-free non-exclusive license to such material for any purpose for all time.  This policy may be waived or modified at the discretion of TORAHSKILLS.ORG, but only if you contact us to request a modification prior to, or within five days of, your transmission or uploading of such material.  All material to which  TORAHSKILLS.ORG owns the copyright or the aforementioned license may be used by you or any other site member for educational, non-commercial purposes unless they are governed by other terms, but in no event may any such content be reproduced on any other website for any purpose without prior permission from TORAHSKILLS.ORG.

11. Release and Indemnity.

You hereby release and waive any and all claims and/or liability against TORAHSKILLS.ORG and/or the Jewish Foundation School arising from or in connection with your use of TORAHSKILLS.ORG. You also agree to defend, indemnify and hold harmless, TORAHSKILLS.ORG and the Jewish Foundation School, from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of TORAHSKILLS.ORG or failure to abide by applicable law.

12. Modifications.

These rules may be modified by TORAHSKILLS.ORG from time to time and such modifications will be binding on you when placed online along with a notification, upon your logging in, that new Terms of Use are in effect.

13.  Disputes
These Terms of Use and your use of TORAHSKILLS.ORG shall be governed by and construed in accordance with Halacha (Jewish religious law) or, alternatively, in the event that a tribunal of competent jurisdiction rules that halacha shall not apply to some or part of a dispute, under laws of the State of New Jersey and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and TORAHSKILLS.ORG’s failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. You agree that any dispute arising out of or relating to these Terms of Use or your use of  TORAHSKILLS.ORG shall be submitted to orthodox Jewish rabbinical arbitration within 25 miles of New York, New York under the principles of Halacha.  Notwithstanding the foregoing, any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state courts located in the County of Passaic, New Jersey or federal courts located in Newark, New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

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If you have any questions about the foregoing, please contact TorahSkills.org at webmaster@torahskills.org.

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