DISCLAIMERS

Disclaimer regarding Third Party Content

The Beracha Foundation offers access to numerous third party web pages and content which is available over the Internet. The Beracha Foundation exercise no control over this content, web pages or sites. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. Furthermore, you agree that The Beracha Foundation shall not be responsible or liable, either directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such content.

Disclaimer Regarding Search Content

Any and all pictures, sounds, performances, graphics, video, cinematic productions, audio-visual works and any other works (Multimedia) located through BERACHA search services are protected by copyright and/or other intellectual property laws. BERACHA does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia. Where search results link to sites outside of BERACHA, all of the Multimedia contained on such sites is owned and served by entities other than BERACHA. BERACHA provides you with the URL or address of the Multimedia; this information may be used to determine the server of the Multimedia. If you intend to make use of any Multimedia accessed through BERACHA search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia for permission to use such Multimedia.

User Content

With respect to any and all content you post on the Internet which is accessible by the general public, you grant BERACHA a world-wide, royalty-free, nonexclusive, and unrestricted license to use, copy, transmit, adapt, publicly display and perform, distribute and create compilations and derivative works from such content for the purposes of publishing such content and promoting the specific Service which such content represents. Such license shall apply with respect to any media, form or technology now known or developed at a later time and shall terminate at the time you delete said content from the Service.

In respect to any and all content you elect to post or transmit using our Services, you agree that BERACHA may preserve and disclose any content associated with your account where required to do so by law or where preservation or disclosure is reasonably believed by BERACHA to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of BERACHA or any other person.

Service Modifications

You acknowledge and agree that BERACHA reserves the right at any time to modify or discontinue any of the Services with or without notice to you and that BERACHA will not be responsible or liable, directly or indirectly, to any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuations.

Termination

You acknowledge and agree that BERACHA, at its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, any of the communications and IT services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where BERACHA believes that you have violated any of the Terms of Use. You further agree that BERACHA shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with BERACHA, any of the communications and IT services or with any terms, conditions, rules, policies, guidelines, or practices of BERACHA, your sole and exclusive remedy is to discontinue using BERACHA and its communications and IT services.

Disclaimer of Warranties

You expressly understand and agree that:

1. BERACHA and any of the communications and IT services are provided on an "as available" and "as is" basis that BERACHA makes no warranties, representations or conditions of any kind, whether expressed or implied.
2. BERACHA specifically makes no warranties or guarantees that BERACHA or any of the communications and IT services, including but not limited to content, information, products or services obtained through the use of BERACHA or the communications and IT services, will be provided on an uninterrupted, timely, secure or error-free basis or services or results derived therefrom will meet requirements or expectations.

Limitation of Liability

You expressly understand and agree that:

In no event shall BERACHA or any of its affiliates and/or subsidiaries be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages and any damages for loss of profits, goodwill or other intangible losses, regardless of whether BERACHA had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with:

1. The user’s inability to use any of the communications and IT services of BERACHA.
2. The performance of any of the communications and IT services of BERACHA.
3. Any unauthorized access to or modification of any of your content or transmissions, or
4. Any other matter relating to the Internet or any of the communications and IT services offered by BERACHA.

Indemnity

You agree to defend, indemnify and hold BERACHA, its affiliates and/or Subsidiaries, suppliers, and other partners, directors, and employees harmless from any and all liabilities, claims, costs and expenses, including reasonable solicitors' fees, related to or in connection with your, or any user of your account's: (a) violation of the Terms and Use, or (b) use of BERACHA or any of the communications and IT services, or (c) placement, posting or transmission of any message, information, software or other content on the Internet or through any of the communications and IT services of BERACHA.

Copyright Notices