Language Fountain reserves its full right to change, suspend or discontinue any aspect and/or Service of the Website at any time, including the availability of any feature, database, or content. Without derogation, Language Fountain reserves its full right to cease operating the Website, from any reason at Language Fountain's sole discretion, subject to partial refunds of subscription fee to Members only, as the case may be (and as more detailed in section 13 below).
In this Agreement the term "Member" shall include any person or entity using Services of the Website which required subscription and payment of fee to Language Fountain.
In this Agreement the term "Content" shall include any kind of information or data whatsoever, including without limitation, any verbal, visual, audio (including podcasts), audio-visual or any combination thereof, as well as the designing, processing, editing, distributing and displaying thereof, including (but not limited): any text, photograph, video, graphics, illustration, animation, drawing, image, imaging, sample, clip, sound and music files; any software, file, computer code, application, format, protocol, data base and interface and any note, sign, symbol or icon.
2. PROPRIETARY RIGHTS
Subject to below said in section 3 with respect to videos and/or podcasts and/or audio files, any intellectual property rights (including copyrights) in the Website, in the Services and in any content on the Website are the exclusive property of Language Fountain and/or a third party who provides its approval to Language Fountain to make use thereof. You may not copy, distribute, display in public, perform in public, make available, change, arrange, create derivative works, sell or lease any of content on the Website, whether by yourself or through or jointly with any third party, by any means or device, whether electronic, mechanical or optic, photographic or recording, or in any other way, without the prior written consent of Language Fountain or the other third right-holders, as the case may be and subject to the conditions of such consent (to the extent given).
Requests for permission should be sent to the following e-mail address:
Trademarks and advertisements of advertisers on the Website are the exclusive property of these advertisers. You may not make any use of any such trademarks and advertisements without the prior written consent of the relevant advertiser.
4. PERMITTED GENERAL USE OF WEBSITE
Subject to the Aforesaid you are entitled to use the Website its Services and any content on the Website in accordance with the following rules:
4.1 you may not make any use for any purpose that is unlawful or prohibited under any applicable law or the terms and conditions provided herein or in any other manner that could damage, harm, abuse, harass, disable, overburden or otherwise impair Language Fountain and/or any third party, or interfere with any other third party use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Services which are available to Members only or any part thereof, or to the computer systems or networks connected to the Website server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Services.
4.2 You may not create a link to Website from any website containing pornographic contents, contents which incite racism or discrimination or which are illegal or the publication of which is illegal or incites an illegal activity.
4.3 You may not create any sort of link and/or other way of access to contents from the Website which are available to Members only.
4.4 You may not create a link to contents from the Website which are freely available (not to Members only), which is not the Website homepage (deep link), nor display or publish any such contents in any other way, unless the deep link links to an Internet page within the Website, presented in full and as is, such that it may be viewed and used in an absolutely identical manner to that in which it is viewed and used on Website. In this context, you may not create a link to contents from the Website freely available (not to Members only), which is independently from the Internet pages in which they are displayed on the site (e.g., you may not create a direct link to a photo or to a graphic file in Website, but only to the full page in which they are displayed). Furthermore, the exact address of the Website Internet page must appear in the usual place designed for this purpose within the user interface (e.g, in the status bar of the user's browser). You may not change, distort or hide this address nor replace it with any other address.
4.5 Language Fountain shall have no liability for any damage caused as a result of any link to contents on the Website and any display or publication of such contents in any other way. You shall bear complete and sole responsibility for any link to or display and publication of the contents on Website which you created, and undertake to fully indemnify and hold harmless Language Fountain and its employees and directors for any damage, expense, loss (direct and indirect) caused to it as a result thereof.
4.6 You may not collect and/or store for any purpose (including without limitation non-business purpose) personal and/or business data about other persons and/or entities using the Website and/or its Services;
5. PERMITTED USE OF WEBSITE BY MEMBERS
As a Member you may use Website, Services and any content on the Website which available only to Members, solely for your own personal purposes. With no derogation from the aforesaid , you shall not use the Services and content on the Website available to you as a Member on other websites, electronic publications, printed publications etc. whether such coping and/or use is commercial or non-commercial.
6. ADVERTISING ON THE WEBSITE AND E-MAIL MARKETING
Language Fountain may, at its sole discretion, put on the Website in any available ways and techniques content which aimed for advertisement, promotion and marketing for itself and/or for any other third parties ("Advertisers"). Language Fountain shall have no responsibility and liability whatsoever with respect to the content displayed on the Website by Advertisers and/or with respect to any sort of contact and/or transaction created and/or derived with Advertisers. Language Fountain shall determine according to its sole discretion the manner, mode and extent of the advertising, promotion and marketing.
7. SUBSCRIPTION AND USE IN SERVICES FOR MEMBERS
The Following terms and provisions in this section shall apply to subscribed Members only:
7.1 Member will need to register with a unique username and password. The subscription to Member's Services is personal to the Member and may not be transferred or assigned by any mean, including without limitation, by allowing others to make any use in your username, which shall constitute a material breach of the Agreement by Member and just cause for Language Fountain to immediately terminate the subscription of such Member with no compensation and/or refund whatsoever (and without derogating from any other remedy and/or action Language Fountain entitled to or may take). Simultaneous use in Member's username from different computers is strictly forbidden, even by Member himself/herself, and shall constitute a material breach of the Agreement by Member and just cause for Language Fountain to immediately terminate the subscription of such Member with no compensation and/or refund whatsoever.
In case Member shall breach his/her obligations set forth above in this section 7.1, Language Fountain shall be entitled to take any legal action in order to immediately stop such breach and get compensation for any sort of damage and loss occurred to Language Fountain.
7.2 Any Member shall pay a fee to Language Fountain as part of the subscription and from time to time while extending the subscription, in the amount that shall be determined by Language Fountain and can be changed from time to time at Language Fountain's sole discretion. In case that Member shall not extend his/her subscription at the end of the relevant subscription period then the subscription shall be immediately terminate.
7.3 Member shall pay the relevant fee due by approaching through the Website to "Pay Pal" and transferring "Pay Pal" his/her credit card details and/or other personal means of payment accepted by "Pay Pal" together with an authorization to charge the Member with any fee due for the Services for Language Fountain from time to time for the Member's Services, when such payment becomes due.
7.4 In the subscription process Member shall provide Language Fountain with certain personal information accurate to the date of subscription.
7.5 In case you agreed in your subscription as a Member to receive e-mails from Language Fountain containing special promotion materials and advertising, Language Fountain may, from time to time according to its sole discretion, send you such e-mails. Members shall be able at any time to unsubscribe from Website mailing list at any time by clicking on the special link provided for that purpose in each and every email that shall be sent by Language Fountain and/or through sending a request to be deleted from Website mailing list to the following address:
Notwithstanding the above said, Language Fountain shall have the sole right to deliver each Member two (2) prior notices through his/her e-mail regarding the upcoming arrival of the termination date of his/her relevant subscription period. For more information please review FAQ.
7.7 Members shall be fully solely responsible for keeping their password in confidence. Members shall be fully and solely responsible and liable for any and all activities occur under their usernames and password. Members shall promptly notify Language Fountain of any unauthorized use in their usernames and/or any other security breach on the Website and/or Services known to the them. Language Fountain shall not be held responsible and liable for any damage, loss or expense occurred to Members and/or third parties, which derived from any failure of Member to comply with this section.
7.8 Member can make during the relevant period of his/her subscription a single monthly use in the current Service available of translating a letter in English that Member wrote into Hebrew (Service which Language Fountain has the full right to change or terminate at its sole discretion). The letter should be send through the designated page on Website "Send a Letter in Hebrew to Your Family and Friends". Member shall use this Service for purpose of translation of a friendly letter to his/her friends or family only (and not for any other purpose whatsoever). The letter shall be in English only and shall be limited to lower of 120 words or 700 letters. The letter shall be translated to contemporary spoken and conversational Hebrew based on the knowledge and experience of Language Fountain and subject to all other terms and provisions set forth herein as they may be relevant and especially to terms and provisions set forth in sections 10 and 11 below.
The Service provide under this section shall only include translation of letter sent by the Member and transfer of that translation back to the Member. The Service shall not include, without limitation, the transferring of the translated letter to the intended recipient of the letter.
Language Fountain shall have a sole and full right to determine if the letter fulfill the above terms set forth in the section, and in case, Language Fountain shall have the sole and full right not to translate any letter sent to it under this Service, for any reason it considered appropriate, according to its sole discretion and without requirement of notifying you for that reason.
Language Fountain shall bear no responsibility and/or liability whatsoever with respect to the Service provide under this section and/or its results and effect on the Member who wrote the letter and/or any other third parties effected and/or damaged from the translated letter.
8. CHANGES IN WEBSITE AND SERVICES
Language Fountain may, from time to time, at its sole discretion, change the structure, display and design of the Website and the scope and availability of the Services offered, or any portion thereof- all without any need for prior notification. Such alterations shall be performed, among others things, while taking into account the dynamic nature of the Internet and the technical and other changes which may occur from time to time. By their very nature, such changes may entail malfunctions and/or may initially cause inconvenience, etc. You will have no claim, suit and/or demand against Language Fountain as a result of the execution of such changes and/or of malfunctions deriving from their execution.
The Website and the Services are offered "AS IS" and without warranties of any kind. Language Fountain provides no guarantee that the Website and/or Services shall fit your requirements and demands. Language Fountain disclaims any implied warranties of and fitness for a specific purpose. Language Fountain is not responsible for timeliness, secure, accuracy, unavailability or interruptions in availability, viruses or other defects in the site or its contents. In no event shall Language Fountain be responsible for any damages to you or your computer systems or other devices, even if Language Fountain has been informed of the possibility of such damages.
Without derogation from the aforesaid, Language Fountain shall not be responsible and/or liable in anyway for any damage (direct and/or indirect) caused to your computers or other device while using the Website and/or the Services, including damage caused to you from the entry of any computerized virus/es into your computers or other devices from the Website or any of the Services.
Language Fountain makes no warranty regarding any of the Services and/or goods purchased on the Website or any kind of transactions derived from your use of the Website.
The Hebrew learn on the Website is not Biblical Hebrew and as well is not Hebrew learned according to any educational and academic criteria, and according to so, by using the Website you agree and consent that you have no claim against Language Fountain regarding the differences in the Hebrew learned on the website from the formal criteria set by such aforementioned institutions or any other supposedly recognized institution etc.
The Hebrew learned on the Website is a contemporary spoken and conversational Hebrew based on the knowledge and experience of Language Fountain. Such Hebrew is used for regular conversations, however, such Hebrew might be considered as containing inaccuracies and differences if examined by formal academic and educational criteria and institutions. In no case any mistake and/or inaccuracy and/or difference in Hebrew and/or learning processes on the Website and/or through the Services shall impose any liability and obligation on Language Fountain.
Language Fountain shall not be responsible and/or liable in any way, for any business as a direct or indirect result of the Services.
Language Fountain shall bear no responsibility for any content that you or any other users of the Website upload, post or otherwise transmit via the Website and the Services. Language Fountain does not guarantee the accuracy, integrity or quality of any content on the Website and Services.
Language Fountain shall bear no liability and/or responsibility of any kind for any content in the Website and/or through the Services which may be classified by you and/or any other third parties as offensive, indecent or objectionable.
11. LIMITATION OF LIABILITY
WITHOUT DEROGATING FROM ANYTHING ELSE CONTAINED IN THIS AGREEMENT YOU HEREBY ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE WEBSITE AND SERVICES, REMAINS WITH YOU. LANGUAGE FOUNTAIN SHALL NOT BE RESPONSIBLE AND/OR LIABLE IN ANYWAY WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO FOR ANY LOSS OR DAMAGE TO BUSINESS EARNINGS, LOST PROFITS OR GOODWILL AND LOST OR DAMAGED DATA OR DOCUMENTATION, SUFFERED BY YOU AND/OR ANY ENTITY AND/OR PERSON ARISING FROM AND/OR RELATED/CONNECTED TO ANY USE OF THE WEBSITE AND SERVICES, EVEN IN CASE WHERE LANGUAGE FOUNTAIN WAS ADVISED AND/OR NOTIFIES OF THE POSSIBILITY OF SUCH DAMAGES.
You undertake to fully indemnify, compensate, defend and hold harmless Language Fountain, its employees, managers or anyone on its behalf, from any claim and/or demand and/or action and/or suit for any damage, loss, loss of profits, payment or expense (including without limitation, legal fee) made by any third party due to your breach of this Agreement and/or any other breach or violation you made of any applicable law and/or rights of a third party while using the Website and/or Services.
13. TERM AND TERMINATION OF SUBSCRIPTION
13.1 Language Fountain shall have a full and unlimited right to terminate all or part of the Services at any time according to its sole discretion, with or without any cause. Should Language Fountain terminate the Services, refund of the fee paid by Member to Language Fountain shall be made with respect to the missing period where Services shall not be provided, but such refunds shall be made only to Member who paid in full the due fee for that missing period. Except for the aforementioned partial refunds to Members, Language Fountain shall not be liable to refund and/or compensate Member or any third party for termination of the Services or any part thereof.
13.2 Member can choose to make subscription for a period of: One month (automatically renewed every month until cancelled by the member), One year (automatically renewed every month until cancelled by the member) or One year with no renewal (Platinum subscriptions). No partial refunds shall be done if Member shall choose to stop using the Member's Services during the middle of the period of his/her subscription.
13.3 Language Fountain retains the full right, at its sole discretion, to determine whether or not Member's conduct is consistent with the terms and spirit of this Agreement and may terminate the provide of Services to Member in case Language Fountain determines in its sole discretion that Member's conduct is inconsistent with the Agreement.
13.4 There are no cancellations and no refunds once payment has been processed.
14.1 SEVERABILITY. Should any term or provision of this Agreement be or become invalid or unenforceable, such term or provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid term or provision within the limits of applicable law and the validity or enforceability of the remaining terms or provisions shall not be affected.
14.2 ASSIGNMENT. You may not assign, transfer, pledge, delegate or otherwise convey in any way, your obligations or rights as they set forth in this Agreement to any third party without the express prior written consent of Language Fountain. Language Fountain shall be entitled to transfer and/or convey and/or assign and/or pledge all or any part of its rights and/or obligations according to this Agreement to any other third party, including this Agreement on its entirety.
14.3 JURISDICTION AND GOVERNING LAW. This Agreement and the terms and provisions set forth herein shall exclusively governed and construed in all respects by the law of the State of Israel, without giving effect to its conflict of laws provisions. Any dispute, claim, suit arising from this Agreement shall exclusively be brought before the authorized courts of Tel Aviv, Israel.
14.4 NO WAIVER. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.