The Kabbalah Center (“The Center”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website (the “Site”).
You may use the Sites and the Services within (or any part thereof) (“Services“) only in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
By accepting these Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
2. The Services
Access to the services. At entering part of the Services, you will receive a password and an account designation after completing your registration and providing the required personal information. You agree to maintain the security of your account on the Services including the confidentiality of your password and other account information, and you hereby acknowledge your full responsibility for all activities that occur under your password and account.
Personalized Information. The Services may offer you personalized tips, information and notifications according to the information that you have provided. Those tips are based on aggregated statistics and/or information provided to us by other users and/or third parties.
Enriching knowledge and Information. You can find on our Services information about Kabbalah, such as, columns, articles, online lessons, etc. for enriching your knowledge.
Charity. The Kabbalah Center providing humanitarian aid to people in need in partnership with other non-profit organizations. In addition, the Kabbalah Center is committed to sharing the wisdom of Kabbalah with all people and supporting global charitable initiatives that create positive change in the world. The services provide you information regarding to those matters and also the opportunity to volunteer and/or donate to the Kabbalah Center.
The Services is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 7 below).
The Center is not, under any terms, responsible for the reliability, accuracy, quality and usability of the information available to a User through the third parties. It only provides a platform of communication between the users and groups of users. By following such communication, the user may receive, among other things, information, personal information, opinions, alternative approaches, official and unofficial procedures. You as a user, should know that the information provided is at your own risk and the Center shall not be held liable or responsible in any way for the quality, reliability, accuracy and usability of such service.
By using the Services, you agree that the Center is not responsible or liable for any claim, loss or damage arising from the use of the Services.
The Center does not in any way confirm, recommend or posit any responsibility for any decision made or action taken or not taken in whole or partial reliance on the Services or any content obtained, nor for any loss, injury, inconvenience, harm and/or damage incurred as a result of, or in connection with the Services.
You acknowledge and agree that the use of the Services is at your own risk.
3. Registration and User Account
In order to use the Services, a process of registration and opening a User account (the “Account”) must be done. You need to provide us your phone number and at your discretion and your e-mail address. During the registration process, you may be asked to choose a password and username for your Account.
You must provide accurate and complete information when creating an Account and you agree to not misrepresent any of your personal information or Account information, and to keep your Account information accurate and up to date.
You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of the Center.
The responsibility for maintenance the confidentiality of the login credentials is solely up to you, if you provide a password and a username. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address. You will be risking your account in a case of letting someone else to use it inappropriately and therefore we reserve the right to terminate your account according to this violation.
We recommend you to keep your password safe and do not write it on notes or stick it to your mobile device.
In case you choose the “remember me” option, you can log in automatically (without entering your log-in details) as long as you do not sign out, changed your password, and have not reset the mobile device or computer. In this case, in order to keep your privacy, you should set a screen saver on your mobile device or computer using a password with minimum of 7 digits and change it every 6 months.
You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security occurs. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of the Center and/or others due to any such use.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. THE CENTER SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
4. Information Security
To help protect the privacy of data and personally identifiable information you transmit through use of our Services, we maintain technical and organizational measures (TOM’s), such as: physical, technical and administrative safeguards.
We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
5. User Representations and Undertakings
Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
- You acknowledge that you can decide whether to use the Services or otherwise rely on any information available therein;
- You acknowledge the existence of risks in using the Services and/or relying solely on information available on or through the Service and that the Center cannot and does not guarantee any specific outcomes from such use and/or reliance or ignorance, and you hereby assume all such risks (which may include inaccurate or incomplete representation or misrepresentation of information, goods or services, breach of warranty and/or contract, violation if rights and any consequent claims), liabilities and/or harm of any kind arising in connection with and/or resulting from such use, reliance and/or ignorance.
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder;
- If you connect to, access or use the Services on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Services;
- You are responsible to notify the Center’s support in a case of changing your private number for the purpose migration of your account info to your new number. You can notify the Center technical support group in the following email address firstname.lastname@example.org; and;
7. Intellectual Property
The Services, the Center’s proprietary lessons and lectures, software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, icons, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to the Center, including lectures and lessons materials, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Center’s proprietary rights, including the Center’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
The Center hereby grants you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the Services, solely for the limited purpose of using the Services for a personal, non-commercial needs in accordance with the Terms.
“The Kabbalah Center” and all logos and other proprietary identifiers used by the Center in connection with the Services, (“Kabbalah Center Trademarks”) are all trademarks and/or trade names of the Center, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Kabbalah Center Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Kabbalah Center Trademarks or the Third-Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of the Center and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of the Center marks and logos, whether registered or not.
The usage of the Services is limited under the age of eighteen (18). If you are under the age of eighteen (18), your usage must be only under supervision or with the direct consent of your parent or a legal guardian, who has agreed to any agreement you enter into while using the Services, including these terms. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Services by your parent or legal guardian, so that we can verify that only eligible Users are using the Services. The Kabala Center is not unknowingly collect and maintain personal information regarding to minors under the age of eighteen (18). In a case of a service’s usage under the age of eighteen (18) without any supervision or any consent of a parent or a legal guardian, the Center reserves the right to prohibit and block such user from accessing the Services and will make all efforts to delete any personal information.
9. Third Party Services
- We welcome and permit links to any page on our Services, so long as the link does not state or imply any connection or endorsement of you, your website and/or service by the Center, and does not portray the Center in a false manner or otherwise may be perceived as damaging to the Center’s reputation and goodwill or actually bring the Center into disrepute. We do not permit framing, deep linking or inline linking unless as explicitly permitted herein in order to use the Services.
- The Services may be linked to through certain third-party websites and other third-party services, including via advertisements (collectively, “Third Party Services”). Such Third-Party Services are independent from the Service. You hereby acknowledge that the Center has no control over such Third-Party Services, and further acknowledge and agree that the Center is not responsible for the availability of Third Party Services and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Services.
10. Third Party Components
The Services may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. In a case of a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Services and the Center disclaims all liability related thereto. You acknowledge that the Center is not the author, owner or licensor of any Third-Party Components, and that the Center makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, and the Center’s service providers and contractors. The Center does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
12. Changes to the Services
The Center reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Services may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. The Center reserves the right not to upload any Content you may make available to the Services. You agree that the Center shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Services (or any part thereof). In addition, the Center may, at any time and in its sole discretion, elect to charge a fee in consideration for providing the Services.
13. Disclaimer and Warranties
The Center does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the Services (or any part thereof).
The Services (and any part thereof), including any content, data and information related to it, is provided on an “as is” and “as available” basis, without any warranties, expressed or implied, including title or non-infringement or implied warranties, merchantability or fitness for particular purpose of use.
The Center and its affiliates, including their officers, directors, shareholders, employees, sub-contractors, agents, parent companies, subsidiaries and other affiliates (collectively, “The Center Affiliates”), jointly and separately, repudiate and make no representations or warranties as to the usability, accuracy, reliability, quality, availability, suitability, completeness, truthfulness, usefulness or effectiveness of any content, data, results or other information attained or created in connection with your or any other user’s use of the Services.
The Center does not warrant of the security, completeness, errorless, free from viruses, worms and other harmful components of the service operation. The Center may, at its sole discretion and without any obligation, to correct, modify, enhance, improve and make other changes to the Services or discontinue displaying or providing any content or features at any time without any notice to you.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
14. Limitation of Liability
In no event shall the Center and /or any of the Center affiliates be liable for any damages whatsoever, including direct or indirect, special, incidental or consequential damages of any kind, resulting from the Services, use or inability to use the Services, the Service’s failure to perform as expected, loss of goodwill, data or profits, the performance or the failure of the Center to perform under these terms, and any other act or omission of the Center, including without limitation damages arising from the conduct of any users and /or third-party services.
In case of any breach by the Center, you will be able to act against only after a period of one year. Since some states do not allow this kind of an exclusion or limitation of the damages whatsoever, this limitation will not affect only the residents of those states.
Such limitations, exclusions and disclaimers shall apply to all claims for damages, based in an action of contract, warranty, strict liability, negligence, tort or otherwise. You hereby acknowledge and agree these limitations to be agreed allocations of risk constituting in part the consideration for the Centers’ services to you, and such limitations will apply despite the failure of essential purpose of any limited reform. Even if the Center and /or any Center affiliates has been advised of the possibility of such liabilities and /or damages. This liability limitation shall apply to the fullest extent permitted by the law in the applicable jurisdiction and in no event shall the Center’s cumulative liability to you deviate the amounts paid to the Center for the use of the Services. If no payment was made by you, then there will not be any liability of the Center towards you.
You agree to defend, indemnify and hold harmless the Center and any Center Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: (i) your use of the Services (or any part thereof); (ii) breach of any term of these Terms by you or anyone using your Account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Services; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Services; and (v) your violation of any applicable law or regulation.
16. Amendments to the Terms
Substantial changes of these Terms will be first notified on the Services and/or by sending you an e-mail regarding such changes to the e-mail address that is registered under your Account. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
17. Termination of your Account and Termination of the Services
At any time, the Center may block your access to the Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to the Center under any applicable law. Such actions may be taken if the Center deems that you have breached any of these Terms in any manner.
Additionally, the Center may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that the Center does not assume any responsibility or liability with respect to, or in connection with the termination of the Services and/or loss of any data.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms do not, and shall not be interpreted to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Center and you.
- These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, elucidated and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.
- The Center may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without the Center’s prior explicit and written consent will be null and void.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- These Terms constitute the entire terms and conditions between you and the Center relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between the Center and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Services. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of the Center in entering into these Terms.
19. Contact Us
You are welcome to send us an email to the following address, next to any questions that there might be concerning the Terms of the Service and we will try to reply within a reasonable timeframe: email@example.com