TERMS OF USE

These terms of use ("Terms of Use") set forth the basis on which you are permitted to access and use the Eastory website located at www.eastory.com ("Website"). These Terms of Use shall govern over all aspects of the applications offered by Eastory Online Ltd. (“Eastory”) via this Website, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Website. By accessing and using the Website in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Website in any manner.

USE OF THE WEBSITE

The Website is an online platform for content and products from the Holy Land.

Eastory grants you a limited license to access and make personal use of the Website and not to download or modify it, or any portion of it, except with express written consent of Eastory. As a condition to your use of the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any Eastory server, or the network(s) connected to any Eastory server, or interfere with any other party's use and enjoyment of the Website. You may not distribute in any medium any part of the Website without Eastory's prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You further agree not to alter or modify any part of the Website or any of its related technologies. Any unauthorized use terminates the permission or license granted by Eastory. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Eastory, or its products or services in a false, misleading, derogatory, or otherwise offensive manner.

USER ACCOUNTS

 When purchasing products on the Website you will be required to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Eastory immediately of any unauthorized use of your account or any other breach of security. Eastory will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Eastory or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder. Eastory reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

COPYRIGHTS

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Eastory or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Eastory and is protected by international copyright laws.

TRADEMARKS

Eastory, Eastory Online, Your Gate to the Holy Land, Ask the Camel and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Eastory. Eastory's trademarks and trade dress may not be used in connection with any product or service that is not Eastory's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eastory. All other trademarks not owned by Eastory that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Eastory.

WEBSITE CONTENT

The content on the Website, except for all User Generated Content (defined below), including, but not limited to, music, videos, text, software, graphics, photos, sounds, interactive features and other content ("Website Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to Eastory, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Website Content is provided to you on an AS IS basis for your personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Eastory or the respective owners. Eastory reserves all rights not expressly granted in and to the Website and the Website Content.

USER GENERATED CONTENT

Any and all media, images, music, sounds, graphics, video, or other materials and content of any kind that you make available (by uploading or otherwise) to other users of the Website (collectively, the "User Generated Content") are at your sole responsibility. Eastory does not screen any User Generated Content, does not back up any User Generated Content and is not responsible for any User Generated Content uploaded or otherwise made available by you or by any user of the Website. This means that you, and not Eastory, are entirely responsible for all User Generated Content uploaded and/or otherwise made available by you.

By uploading and/or otherwise making available User Generated Content you hereby warrant and represent that: (i) the copying, uploading and use of the User Generated Content does not infringe upon any third party's proprietary rights, including but not limited to intellectual property rights; (ii) you have fully complied with any third-party licenses, permits and/or authorizations required in connection with such User Generated Content; (iii) the User Generated Content does not contain any viruses, worms, Trojan horses or other harmful or destructive code or content; and (iv) the User Generated Content is not obscene or libelous and does not violate the right of privacy or publicity of any third party. Eastory reserves the right (but not the obligation) to remove or edit any User Generated Content at its discretion.

You are and shall remain the sole owner of all rights in your User Generated Content; however, by uploading or making available User Generated Content to the Website, you hereby grant Eastory a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Generated Content in connection with the Website and Eastory's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. To the extent that you permit sharing of your User Generated Content with other Website users, you also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, display and perform such User Generated Content to the extent permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in your User Generated Content shall terminate within a reasonable period of time after you remove or delete your User Generated Content from the Website; you do understand and agree however that Eastory may retain, but not display, distribute, or perform, server copies of your User Generated Content that have been removed or deleted.

UNDER NO CIRCUMSTANCES WHATSOEVER WILL EASTORY BE LIABLE IN ANY WAY FOR ANY USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY USER GENERATED CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER GENERATED CONTENT TRAMSMITTED, UPLOADED AND/OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE. YOU WILL INDEMNIFY EASTORY FOR ALL CLAIMS RESULTING FROM ANY USER GENERATED CONTENT THAT YOU SUPPLY.

THIRD PARTY WEBSITES AND CONTENT

Eastory has not and cannot review all of the material, information and content available on or by means of third party websites and webpages to which the website links and which link to the website ("Third Party Content"), and cannot therefore be responsible for such Third Party Content. By linking to a non-Eastory website or webpage, Eastory does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Eastory disclaims any responsibility whatsoever for any harm resulting from your use of non-Eastory websites and webpages.

ABUSIVE, INAPPROPRIATE AND INFRINGING CONTENT

You understand and agree that Eastory may (but is not obligated to) review and remove any content of any kind (whether Website Content, User Generated Content or Third Party Content) that under Eastory's sole discretion violates these Terms of Use or which might be offensive, illegal, inappropriate, unsuitable or which violates the rights of, harms, or threatens the safety of third parties and/or other users of the Website ("Abusive Content"). In addition, each user of the Website may notify Eastory that it considers certain content (whether Website Content, User Generated Content or Third Party Content) to be Abusive Content and provide reasons supporting such notification. Eastory shall examine such notification and reserves the right, at its sole and absolute discretion, to remove all or part of such Abusive Content and/or terminate a user's ability to upload content in violation of these Terms of Use.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Our Privacy Policy explains our online information practices and how your information is collected and used.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

PRODUCT DESCRIPTIONS

The items offered for sale on the Website contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Eastory does not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE WEBSITE THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION IN ACCORDANCE WITH EASTORY'S PRODUCT RETURN POLICY

PRICING

Please be advised that the price listed for each product on the Website is exclusive of taxes, and to the extent any taxes are required to be added pursuant to applicable laws, such taxes shall be added to the product price. Please also note that should specific taxes be required to be imposed in certain territories on the product price, such taxes shall also be added to the product price and shall be borne by you.

SHIPPING

Eastory gladly accepts orders from all around the globe. Available product lines, shipping rates and fees may vary depending on the delivery address for your order.

International orders are usually shipped using Fedex, EMS or Registered International Mail. Shipping costs vary depending on the destination country and delivery time varies between 4-15 business days. International customers are responsible for any customs and/or other fees that may be levied on merchandise once it arrives in your home country. Customs charges can vary widely from one country to another. If you are unsure, you should contact the customs agency in your country to find out if the items you are purchasing will be subjected to customs or other fees.

It should be noted that certain products on the Website may be afforded free of charge shipping. Should you wish not pay for accelerated shipping, please allow an average time of up to 14 business days for products which are shipped free of charge.

Eastory will arrange for shipping with the carrier and method requested by you in accordance with our shipping methods. Risk of loss is upon you once Eastory delivers the item/s to the carrier. Please note that delivery times are good faith estimates only and Eastory shall not be liable for delays.

On the day your order is shipped, an e-mail containing your tracking number will be sent to you. You are also able to check the status of your order in your account. For more information regarding your order while it is in transit to you, please contact the selected carrier with the tracking number.

INFRINGEMENT NOTICES AND COUNTER-NOTICES

A. Infringement Notice If you believe that your work has been copied in a way that constitutes copyright infringement, you may submit a notification by providing our Copyright Agent with the following information in writing:

    *  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Eastory to locate the material;
    * Information reasonably sufficient to permit Eastory to contact you, such as an address, telephone number, and, if available, an electronic mail;
    * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Eastory's designated Copyright Agent to receive notifications of claimed infringement may be contacted at: copyrightagent@eastory.com. For clarity, only alleged infringement notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Eastory's customer service through customerservice@eastory.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your infringement notice may not be valid.

B. Counter-Notice If you believe that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Generated Content, you may send a counter-notice containing the following information to the Copyright Agent:

    * Your physical or electronic signature;
    * Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
    * A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
    * Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Eastory may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Eastory's sole discretion.

WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY EASTORY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EASTORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EASTORY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EASTORY DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM EASTORY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EASTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

GOVERNING LAW & JURISDICTION

Your use of the Website and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict of laws provisions. You agree that any action brought against Eastory arising out of or relating to the Website or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

OUR ADDRESS

Eastory Online Ltd.

Carmeli 6 Street

Ramat Gan Israel 52223

 

GENERAL

These Terms of Use, together with the Privacy Policy and any other legal notices published by Eastory on the Website shall constitute the entire agreement between you and Eastory concerning the Website. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Eastory's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.