Terms of use
Last update: October 2023
Hadas Beshen provides this website (hereinafter: "the website") to allow website users access to links to the Instagram pages of influencers who expressed support for Israel after the Hamas massacre on October 7, 2023.
The terms of use detailed in this document (hereinafter: the "terms of use") regulate the manner in which access to the website and services will be made, as well as the manner in which they will be used. Our privacy policy regulates the manner of collection, processing and transfer of personal information (as defined in the privacy policy) by us (hereinafter: "privacy policy"). The term "you" is any visitor of the website and/or anyone who uses the services. For any questions or requests regarding these terms of use, please contact hadas.bashan@gmail.com.
Please read the terms of use carefully. Your use of the site indicates your agreement and approval of the terms of use and the privacy policy. Subject to any law, the company reserves the right to update the terms of use from time to time, at its sole discretion. Any such update will be effective from the fixed date as published on the website. Your continued use of the website or services after any update to these terms of use constitutes your agreement to the updated terms of use. If you do not agree to the terms of use, in whole or in part, you may not use the services for any purpose whatsoever and you will not have any argument, claim and/or demand against the company.
1. Use of the website and services.
1.1 The service provided by the website "Israel Loves Back" is a mapping of Instagram influencers with an international reputation in their field who have expressed support for Israel since the barbaric massacre committed by Hamas on October 7, 2023.
1.2 "Support for Israel" - includes support for the State of Israel, explicit mention of Hamas as the sole culprit in the war and/or activity for the return of the kidnapped, the activity of the influencer can be reflected in stories, posts or activity outside of Instagram (such as signing petitions), and as far as the site administrators will see fit. The site does not guarantee to prove this activity to the users, and constantly checks profiles, adding and removing names according to the changing circumstances.
1.3 You may use the website and its services, in a non-exclusive manner, in accordance with and subject to the terms of use. Access to the website and/or services is only permitted for personal use, in accordance with the terms of use and any conditions or restrictions related to the website and/or services. Any other use of the website and/or services is subject to the explicit and written consent of the company. Do not use the website and/or services for commercial purposes.
1.4 The use of the website and/or services and access to them are null and void if the use or access to them is prohibited by law, regulation or any other obligation. You guarantee that: (a) your use of the website and/or services does not violate any law or regulation or any obligation you may have towards a third party; and (b) all your use of the website and/or services will be in accordance with the terms of use and any law. "Israel Loves Back" is based on users' recommendations to add or remove names and does its best to answer every request, without committing that it will.
1.5 Subject to any law, the company reserves the right to suspend, cancel or refuse to provide the website and/or services at its sole discretion. A notice of suspension or cancellation will be given through the website. Subject to any law, the company is not responsible for any damage caused as a result of any changes, suspension or cancellation of the website and/or services.
2. Content
2.1 Various content may be available to you through the services, including video recordings, recordings of all and text segments, and any other material related to and/or arising from the aforementioned (hereinafter: "content"). Also, the site and/or the services may allow you to send us certain content, including through the possibility of contacting the company (hereinafter: "user content"). There is no commitment to use the material that will be sent to us, although we will make every effort to check the content and use it.
2.2 You are solely responsible for any user content that you provide to us in relation to the Services. You declare and guarantee that the User Content complies with all legal provisions, that you hold all the necessary rights to send user content through the website and/or services, and that User Content does not violate (or lead to the violation of) an intellectual property right, moral right, right to publicity or right to privacy of a third party.
2.3 Subject to any law, the company is not responsible for the accuracy, correctness, usefulness, safety or intellectual property rights related to the content, directly or indirectly. We do not promote any content, opinion, or recommendation, expressed by any content, and we expressly disclaim any responsibility relating to the content, including, without limitation, the user content. Although the users of the services are obliged to agree to the terms of use, third parties using the services (including unauthorized users) may post or transmit offensive or obscene materials, to which you may be inadvertently exposed. You hereby waive any right or legal aid or aid under any law that pertains to you or that may be available to you in connection with the above. We explicitly disclaim any responsibility, relating to any action, regardless of the form of action, or omission of users or third parties and/or other users of the Services (including unauthorized users), whether the action or omission occurred during the use of the Services or in any other way.
3.User Content Limitations
Without detracting from the above, you undertake not to send user content that: (a) violates the legal rights of third parties, including obscene words, offensive, threatening, harassing or inappropriate content, content that violates the right to privacy, is intended for illegal purposes and / or which harms the operation of the services and / or the website; (b) violates (or may violate) an intellectual property right, a moral right or any other right of a third party; (c) constitutes (or you believe, or reasonably believe, that it constitutes) content that is, or involves, illegal, counterfeit, stolen, pirated, unauthorized material, or that promotes any illegal, unlawful activity licentious or violent; (d) does not comply with all applicable laws, rules or regulations; (e) contains misleading, fraudulent or misrepresentation information that may harm the company or any third party; (f) creates an unreasonable or disproportionately unusual load on our infrastructure; or (g) publishes, stores, processes, offers or solicits one or more of the actions listed below, or that you know contains links to those listed below, or leads to places that contain links to those listed below: (1) material that is offensive (including material that promotes or glorifies hatred, violence, jealousy or any entity (past or present) promoting such offensive material); (2) racist, defamatory, harassing or threatening material; (3) pornography (including any crude material and anything depicting children in sexually suggestive situations, whether or not depicting real children); (4) any virus, trojan horse or any harmful or disruptive component; or (5) any material that encourages behavior that would be considered a criminal offense, as grounds for civil liability, violates any law or regulation or is inappropriate in one way or another.
4. Limitations of use
With the exception of use explicitly permitted in the terms of use, it is forbidden to make and/or approve and/or allow any third party to make changes to the services. You undertake that you (and/or anyone on your behalf) will not do one or more of the following: (1) Change, edit, copy, retrieve information, provide sublicense, translate, sell, reverse engineer, disassemble or reassemble any of the parts of the code that make up the website, including the information base, as well as such operations regarding the hardware and software that are used for providing the services; (2) attempt to prevent, disrupt or interfere in one way or another with features related to the security of the Services or with features that prevent or limit use; (3) place the website, or any part of it, within the framework of another website and/or make any commercial use, without the prior written consent of the company; (4) You will use any bots, information retrieval and search engine, or any other automatic or manual tool that is designed to index, locate and retrieve information on the website or such tool that is designed to reveal the structure of the database and the code on the website; (5) Impersonate any person or entity, including a representative of the company and/or deliver a false description or false representation of a relationship to any person or entity and/or upload to the site, transfer, send or transmit any false and misleading material and/or material that is intended to deceive a user or any body or will use another user's account or password without obtaining his prior written consent; (6) collect or store personal information about other users for economic or illegal purposes or distribute spam to the website's servers and/or users of the services; or (7) make any use of the services in a manner that is not approved according to the terms of use and/or any law.
5. Intellectual Property.
5.1 The website, the services, including the content offered as part of the services, and all the data and information available through the services are the exclusive property of the company or of other third parties who have allowed the company to use them, and the use of the services should not be considered as granting any license or any rights in the intellectual property of the company or of third parties, as applicable. The copyrights in the website, in the content and in the idea underlying the services, including trademarks, the design of the website, as well as in any other action in the services that are unique or exclusive to the company, are reserved to the company. You may not copy or publish the content on the website and/or services or any part of it and/or make any use of it or the information underlying it, including commercial use, without the express prior written consent of the company. Likewise, you may not make changes to the services, copy, distribute, transmit, publicly display, reproduce, publish or hand over to a third party any part of the services without obtaining the company's prior written consent.
5.2 The user content you send when using the website and/or services is your exclusive property and all intellectual property rights in your user content are yours. By submitting any user content in connection with the site and/or the services, you grant the company and its successors a permanent and continuing, worldwide, non-exclusive, royalty-free, transferable, use, copy, distribution, transmission, modification, and creation license. Derivative works of user content as mentioned, for the provision of the services, for our internal (business) needs, for promoting the purpose of the services (or similar purposes) and/or as detailed in the privacy policy.
6. Limitation of Liability
6.1. Subject to any law, the company will not be held responsible for any inconsistency, lack, deception or error in connection with the services, including in connection with their nature or suitability or the description of the content offered as part of the services. Subject to any law, the company will not be held responsible for any damage caused directly or indirectly due to use of the services and/or reliance on any content offered through them. You undertake and declare that you know and agree that the use of the services is at your sole risk. The use of the services and/or the content presented in them is given to you as it is and subject to its availability, in accordance with the company's decision and without warranty of any kind, including that they are adapted to your needs.
6.2 You will not have any claim, lawsuit or demand against the company in relation to the terms of use and/or in respect of the services, their capabilities, their limitations, or their suitability to your needs. Subject to any law, any reliance on the content is your sole responsibility and the company disclaims any warranty, express or implied, in relation to the accuracy, reliability, timeliness, up-to-dateness, quality, completeness, usefulness, security or performance of the services and/or the content and/or any information available through the services and/or that the content will be error-free or that the errors, if any, will be corrected.
6.3 Subject to any law, the company rejects any obligation of any kind, express, implied or by law, and does not guarantee that the services will be provided in order or without interruptions, will be of high quality, will exist safely or without errors and/or interruptions or will be immune from unauthorized access to the company's computers and/or software, or from damages, breakdowns, malfunctions or failures, among other things, in hardware, software, lines and communication systems at the company or at one of its suppliers or at you, and you will not have any claim against the company in connection therewith. You are aware that in the future the services may not be available due to maintenance needs, upgrades or any other reason.
6.4 Subject to any law, the company, its directors, employees, messengers or anyone on its behalf shall in no way be liable to you or to any third party for any loss, damage or compensation that is, including, without limitation, general, incidental, consequential, incidental, secondary, indirect, punitive or special (including but not limited to damages for loss of database, loss of software, costs of providing an alternative service, intrusion of privacy or interruption of service) arising of anything related to these terms of use, from the use of or inability to use the services, content and/or everything related to them, or as a result of unauthorized use of the services, as a result of the change in the information provided by you, including damage caused as a result of loss of profits, use and loss of information and other intangible assets, even if the company has been notified of the possibility of those losses. To the maximum extent permitted by law, the total and cumulative liability of the company under these terms of use shall not exceed one hundred NIS (100 NIS).
6.5 Personal information may be received from you during your use of the services. Any use made by the company of the personal information received during your use of the services will be subject to the instructions detailed in the privacy policy. You are aware that by providing the aforementioned personal information, including but not limited to contact details, you declare that you are aware of the risks involved and release the company from any responsibility for this.
7.indemnity
You undertake to bear full responsibility for any direct or indirect consequences that occur due to your use of the services. Accordingly, you agree to indemnify the company, its employees, managers and/or anyone on its behalf, and defend them for any claim, claim, demand, loss, loss-profit, payment, expense or damage, including attorney's fees and court costs (including , of a third party), arising, directly or indirectly: (a) from a violation of one or more of the terms of use by you or by a user of your device; (b) as a result of your use or attempt to use the Services; (c) violation of the provisions of any law to which you are subject; (d) violation of any right (including intellectual property) of the company and/or of any third party; (e) Violation of any of your representations and obligations under the terms of use, and (f) any other matter for which you are responsible according to any law.
8. Links
The website may contain links to websites, services and/or (marketing) content that are not operated by us. The links are displayed for your convenience only, we have no control over these websites and we are not responsible for the content that appears on them. We recommend that you exercise discretion and be careful when using any third party websites. We may at our sole discretion remove any link from the site and/or add additional links.
9. Miscellaneous
Any dispute and/or legal question in connection with these terms of use will be discussed and decided exclusively before the courts in Israel and their unique and exclusive jurisdiction. The laws that will apply to these terms of use and everything arising from and/or involving them, including their interpretation, will be exclusively the laws of the State of Israel and them alone. Insofar as it is determined that any provision of the terms of use is invalid or unenforceable by a court of competent jurisdiction, then the invalidated or unenforceable terms shall be deemed to have been replaced by valid and enforceable terms whose content corresponds as closely as possible to the meaning and intent of the original terms, while the rest of the terms of use will remain in effect. Nothing in these Terms of Use creates any affiliate, transaction, joint venture or partnership between you and the Company or authorizes you to act on behalf of the company. The terms of use reflect all agreements between the parties regarding the terms of use of the services and the relationship between the parties and will prevail over any previous agreement or commitment, oral or written. The company may assign, transform or transfer its rights and obligations according to the terms of use, or any part of them, to any third party in accordance with its sole discretion. You may not assign, transform or transfer your rights and obligations according to the terms of use or any part of them, and any such transfer attempt will be null and void. Between the parties there are not and will not be employee-employer relations, authorization relations, agency relations or partnership relations, for any need whatsoever. If we need to contact you, you agree that we can do so at any address known to us, including by e-mail.