TERMS & CONDITIONS
Acceptance
Welcome to EBM’s communications and IT services. These services are
offered by EBM in ministry partnership with The Beracha Foundation for this web
page (URL) and a variety of other sites which are linked, both public and
private. Sites linked hereto which display the EBM and/or The Beracha
Foundation logo are associated with our EBM / BERACHA Terms of Service. Other links to 3rd
party sites are not.
By accessing an EBM / BERACHA site or using any of the Services, you agree,
without limitation or qualification, to be bound by these terms and conditions
and such other additional or alternative terms, conditions, rules and policies
which are displayed or to which you may be directed in connection with any
particular Service or any EBM / BERACHA web site, (collectively the "Terms
and Conditions"). Please note that the Terms and Conditions may be updated
from time to time without notice to you, so please check back periodically. The
most current version of the Terms and Conditions can be found here and on every
EBM / BERACHA page in the area commonly referred to as the “footer”.
Because the Terms and Conditions contain legal obligations, please read them carefully.
Please direct any legal questions to:
The Beracha Foundation
ATTN: EBM / BERACHA Terms of Service
1165 Beargrass Way
Maineville, Ohio 45039
Privacy
EBM / BERACHA offer a
number of communications and IT services that do not require you to register
for an account or provide any personal information to us. In order to provide
our full range of communications and IT services, we may collect the following
types of information:
Information you provide - When you sign up for an EBM / BERACHA account, service or promotion that requires
registration, we ask you for personal information (such as your name, email
address and an account password). For certain services, we also request credit
card or other payment account information which we maintain in encrypted form
on secure servers. We may combine the information you submit under your account
with information from other EBM / BERACHA services or third parties in order to provide
you with a better experience and to improve the quality of our services. For
certain services, we may give you the opportunity to opt out of combining such
information.
EBM / BERACHA cookies - When you visit an EBM / BERACHA site, we send one or more cookies - a small
file containing a string of characters - to your computer that uniquely
identifies your browser. We use cookies to improve the quality of our service
by storing user preferences and tracking user trends, such as how people search.
Most browsers are initially set up to accept cookies, but you can reset your
browser to refuse all cookies or to indicate when a cookie is being sent.
However, some EBM / BERACHA site features
and services may not function properly if your cookies are disabled.
Log information - When you use EBM / BERACHA communications and IT services, our servers
automatically record information that your browser sends whenever you visit a
website. These server logs may include information such as your web request, Internet
Protocol address, browser type, browser language, the date and time of your
request and one or more cookies that may uniquely identify your browser.
User communications - When you send email or other communication to EBM
/ BERACHA, we may retain those communications in order to process your
inquiries, respond to your requests and improve our services.
Affiliated sites - We offer some of our services in connection with
other web sites. Personal information that you provide to those sites may be
sent to EBM / BERACHA in order to
deliver the service. We process such information in accordance with this
Policy. The affiliated sites may have different privacy practices and we
encourage you to read their privacy policies.
Links
- EBM / BERACHA may present links in a
format that enables us to keep track of whether these links have been followed.
We use this information to improve the quality of our search technology,
customized content and promotions.
Other sites - This Privacy Policy applies to web sites and services that are owned
and operated by EBM / BERACHA. We do not exercise control over the sites
displayed as search results or links from within our various services. These
other sites may place their own cookies or other files on your computer,
collect data or solicit personal information from you.
EBM / BERACHA only processes personal information for the
purposes described in the applicable Privacy Policy and/or privacy notice for
specific services. In addition to the above, such purposes include:
EBM / BERACHA process personal information on our servers
in the United States of America and in other countries. In some cases, we
process personal information on a server outside your own country. We may
process personal information to provide our own services. In some cases, we may
process personal information on behalf of and according to the instructions of
a third party, such as our partners.
When you sign up for a particular service
that requires registration, we ask you to provide personal information. If we
use this information in a manner different than the purpose for which it was
collected, then we will ask for your consent prior to such use.
If we propose to use personal information
for any purposes other than those described in this Policy and/or in the
specific service notices, we will offer you an effective way to opt out of the
use of personal information for those other purposes. We will not collect or
use sensitive information for purposes other than those described in this
Policy and/or in the specific service notices, unless we have obtained your
prior consent.
You can decline to submit personal
information to any of our services, in which case EBM / BERACHA may not be able to provide those services to
you.
EBM / BERACHA only shares personal information with other
companies or individuals outside of EBM / BERACHA in the following limited circumstances:
We have your consent. We require opt-in
consent for the sharing of any sensitive personal information.
We provide such information to our
subsidiaries, affiliated companies or other trusted businesses or persons for
the purpose of processing personal information on our behalf. We require that
these parties agree to process such information based on our instructions and
in compliance with this Policy and any other appropriate confidentiality and
security measures.
We have a good faith belief that access,
use, preservation or disclosure of such information is reasonably necessary to
(a) satisfy any applicable law, regulation, legal process or enforceable
governmental request, (b) enforce applicable Terms of Service, including
investigation of potential violations thereof, (c) detect, prevent, or
otherwise address fraud, security or technical issues, or (d) protect against
imminent harm to the rights, property or safety of EBM / BERACHA, its users or
the public as required or permitted by law.
We may share with third parties certain
pieces of aggregated, non-personal information, such as the number of users who
searched for a particular term, for example, or how many users clicked on a
particular advertisement. Such information does not identify you individually.
We take appropriate security measures to
protect against unauthorized access to or unauthorized alteration, disclosure
or destruction of data. These include internal reviews of our data collection,
storage and processing practices and security measures, as well as physical
security measures to guard against unauthorized access to systems where we
store personal data.
We restrict access to personal information
to EBM / BERACHA employees, contractors
and agents who need to know that information in order to operate, develop or
improve our services. These individuals are bound by confidentiality
obligations and may be subject to discipline, including termination and
criminal prosecution, if they fail to meet these obligations.
EBM /
BERACHA processes personal information
only for the purposes for which it was collected and in accordance with this
Policy or any applicable service-specific privacy notice. We review our data
collection, storage and processing practices to ensure that we only collect,
store and process the personal information needed to provide or improve our
services. We take reasonable steps to ensure that the personal information we
process is accurate, complete, and current, but we depend on our users to
update or correct their personal information whenever necessary.
When you use EBM / BERACHA communications and IT services, we make good
faith efforts to provide you with access to your personal information and
either to correct this data if it is inaccurate or to delete such data at your
request if it is not otherwise required to be retained by law or for legitimate
business purposes. We ask individual users to identify themselves and the
information requested to be accessed, corrected or removed before processing
such requests, and we may decline to process requests that are unreasonably
repetitive or systematic, require disproportionate technical effort, jeopardize
the privacy of others, or would be extremely impractical (for instance,
requests concerning information residing on backup tapes), or for which access
is not otherwise required. In any case where we provide information access and
correction, we perform this service free of charge, except if doing so would
require a disproportionate effort. Some of our services have different
procedures to access, correct or delete users' personal information.
EBM / BERACHA regularly review its compliance with this
Policy. Please feel free to direct any questions or concerns regarding this
Policy or EBM / BERACHA’s treatment of personal information by contacting us
through this web site or by writing to us at: The Beracha Foundation, ATTN: “EBM
/ BERACHA Privacy Matters”, 1165
Beargrass Way, Maineville, Ohio, USA. When we receive formal written complaints
at this address, it is our policy to contact the complaining user regarding his
or her concerns. We will cooperate with the appropriate regulatory authorities,
including local data protection authorities, to resolve any complaints
regarding the transfer of personal data that cannot be resolved between EBM /
BERACHA and an individual.
Please note that this Privacy Policy may
change from time to time. We will not reduce your rights under this Policy
without your explicit consent, and we expect most such changes will be minor.
Regardless, we will post any Policy changes on this page and, if the changes
are significant, we will provide a more prominent notice (including, for
certain services, email notification of Policy changes). Each version of this
Policy will be identified at the top of the page by its effective date.
If you have any additional questions or
concerns about this Policy, please feel free to contact us any time through
this web site or at The Beracha Foundation, ATTN: “EBM / BERACHA Privacy Matters”, 1165 Beargrass Way,
Maineville, Ohio, USA.
Registration,
Accounts and Passwords
Certain communications and IT services and
related features, such as personalization, web hosting and web mail, made
available by EBM / BERACHA may require
registration. Should you choose to register for such Services or related
features, you agree that you will provide accurate and current information
about yourself as required by the relevant registration process, and to update
such information in a timely manner to ensure that it is kept accurate and
complete. You agree to be responsible for:
a) Maintaining the confidentiality of any
passwords or account identification items which you choose or are assigned as a
result of any registration with EBM / BERACHA, and
b) All activities that occur under such
password or account. Further, you agree to notify EBM / BERACHA of any unauthorized use of your password or
account. EBM / BERACHA shall not be
responsible or liable, directly or indirectly, in any way for any loss or
damage of any kind incurred as a result of, or in connection with, your failure
to comply with this Section.
Rules and
Conduct
In consideration of the availability, and
your use, of the Services, you agree, while visiting EBM / BERACHA , not to
A) post, transmit, link
to, or otherwise distribute any information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil liability, or
otherwise use the EBM / BERACHA connection or any of the Services in a manner
which is contrary to law or would serve to restrict or inhibit any other users
from using or enjoying EBM / BERACHA , the Services or the Internet;
B) defame, stalk,
abuse, threaten, harass or otherwise violate the legal rights of others,
including without limitation, rights relating to privacy and publicity;
C) post, transmit, link
to, or otherwise distribute any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful material or information;
D) post, transmit, link
to, or otherwise distribute any information or software which contains a virus
or other harmful or disruptive component;
E) upload, post,
publish, transmit, reproduce, link to or otherwise distribute in any way,
information, software or other material obtained through EBM / BERACHA or the Services, or any derivative work
thereof, which is protected by copyright, or any other intellectual property
right, without obtaining permission of the copyright owner or rights-holder;
F) impersonate or
falsely represent your association with any person, including an EBM /
BERACHA representative; and
G) use, reproduce,
sell, resell or otherwise exploit EBM / BERACHA
or any of the Services for any commercial purposes.
Responsibility
for Minors
In cases where you have authorized a minor
to use any of the communications and IT services provided by EBM / BERACHA, you
recognize that you are fully responsible for:
a) The online conduct of said minor;
b) Controlling the minor's access to and use
of any such Service.
c) The consequences of any misuse by the
minor. You acknowledge that some of the areas of the Internet may contain
material that is inappropriate for minors to view.
Monitoring
You acknowledge that EBM / BERACHA has no obligation to monitor the Internet in
whole or in part, or any content, products or services accessible through EBM /
BERACHA or any of the Services provided.
However, you agree that EBM / BERACHA has
the right to monitor the Internet electronically and to disclose any
information as necessary to satisfy any law, regulation or other governmental
request, to operate EBM / BERACHA or any
of the Services provided to protect itself or its users in accordance with EBM
/ BERACHA’s Privacy Policy. EBM / BERACHA also reserves the right to refuse to post or
to remove any materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of the Terms of Use. You understand
that by using the Services, you may have access to content that may be
offensive or objectionable to you. Under no circumstances shall EBM /
BERACHA be responsible or liable,
directly or indirectly, in any way for any loss or damage incurred as a result
of, or in connection with, any user of, or access to such content.
Dealings with
Third Parties
You acknowledge and agree that your
correspondence or business dealings with any third parties, including
merchants, advertisers, or online auction services, found through EBM /
BERACHA or any of the communications and
IT services, including payment for and delivery of related goods and services,
and all other terms, conditions and warranties related to such dealings, are
solely as between you and the third party. EBM / BERACHA assume no responsibility for any issues you
or any other user of your account incurs when making purchases or other
transactions in this manner. Furthermore, the responsibility for ensuring
compliance with all applicable laws in connection with any such transaction
shall be yours or any other users of your account alone. You also agree that EBM
/ BERACHA shall not be held responsible
or liable, directly or indirectly, in any way for any loss, or damage as a
result of, or in connection with, any of such transactions or dealings.
Web Hosting
EBM / BERACHA Web Hosting is provided on an "as is
" basis without representations, warranties or conditions of any kind, and
you acknowledge and agree that EBM / BERACHA
shall have no responsibility for, or liability in respect of, any aspect
of web hosting services, including without limitation for any lost or damaged
data or any acts or omissions of EBM / BERACHA.
EBM / BERACHA allow free personal web
space to users based on the type of Internet plan they subscribe to. The
components and any aspects of the Web Hosting services, including information
and other data you store on the Web Hosting service, may be deleted by EBM /
BERACHA at any time for any reason or
for no reason at all, at EBM / BERACHA sole
discretion, with or without notice to you. EBM / BERACHA shall have no obligation to maintain any
content in your Web Hosting account.
In consideration of the availability, and your use, of the Web Hosting services,
you agree to comply with all applicable laws and are solely responsible for all
acts or omissions that occur under your account or password. Further, by
submitting a web page or site to EBM / BERACHA, you grant EBM / BERACHA a world-wide, royalty-free, nonexclusive, and
unrestricted license to use, adapt, copy, transmit, publicly display,
distribute and create compilations and derivative works from such web page, and
any associated content, for the limited purposes of publishing and promoting
your web page in connection with the Web Hosting service and for publishing and
promoting such web page elsewhere within EBM / BERACHA, and for all promotions
thereof. Such license shall apply with respect to any form, media, or
technology now known or later developed. You also acknowledge and agree that EBM
/ BERACHA may run advertisements on the
web pages of its users and grant EBM / BERACHA
the right to do so and to retain all revenues arising there from. These
advertisements may include, without limitation, banner advertisements and
advertisements. The manner, mode, and extent of such advertising may be subject
to change.
If you wish to terminate your Web Hosting account, you must contact EBM /
BERACHA at the soonest possible date.
However, you acknowledge and agree that EBM / BERACHA may terminate your Web Hosting account at any
time for any reason or for no reason at all, at EBM / BERACHA’s sole
discretion, without prior notice, or any notice.
Disclaimer regarding Third Party
Content
EBM / BERACHA and The
Beracha Foundation offer access to numerous third party web pages and content
which is available over the Internet. EBM / BERACHA and 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 EBM / BERACHA
and 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 EBM / BERACHA
search services are protected by copyright and/or other intellectual
property laws. EBM / 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 EBM /
BERACHA, all of the Multimedia contained on such sites is owned and served by
entities other than EBM / BERACHA. EBM / BERACHA provide 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 EBM /
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 EBM /
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 EBM / 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 EBM / BERACHA to be necessary to ensure compliance with the
law, enforce the Terms and Conditions or protect the rights and interests of EBM
/ BERACHA or any other person.
Service
Modifications
You acknowledge and agree that EBM /
BERACHA reserves the right at any time
to modify or discontinue any of the Services with or without notice to you and
that EBM / 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 EBM / 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 EBM /
BERACHA believes that you have violated
any of the Terms of Use. You further agree that EBM / 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 EBM / BERACHA, any of the communications and IT services or
with any terms, conditions, rules, policies, guidelines, or practices of EBM /
BERACHA, your sole and exclusive remedy is to discontinue using EBM /
BERACHA and its communications and IT
services.
Disclaimer of
Warranties
You expressly understand and agree that:
a) EBM / BERACHA and any of the communications and IT services
are provided on an "as available" and "as is" basis that EBM
/ BERACHA makes no warranties,
representations or conditions of any kind, whether expressed or implied.
b) EBM / BERACHA specifically makes no warranties or
guarantees that EBM / BERACHA or any of
the communications and IT services, including but not limited to content,
information, products or services obtained through the use of EBM /
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 EBM / 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 EBM
/ BERACHA had been advised of or could
have foreseen the possibility of such damages, arising out of or in connection
with:
a) The user’s inability to use any of the communications
and IT services of EBM / BERACHA.
b) The performance of any of the communications
and IT services of EBM / BERACHA.
c) Any unauthorized access to or
modification of any of your content or transmissions, or
d) Any other matter relating to the Internet
or any of the communications and IT services offered by EBM / BERACHA.
Indemnity
You agree to defend, indemnify and hold EBM
/ 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 EBM / 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 EBM / BERACHA.
No License;
Intellectual Property of EBM / BERACHA and
Others
Except where expressly stated, nothing
herein or within any of the communications and IT services shall be construed
as conferring any license to the user.
You agree not to change, adapt, translate,
decompile, disassemble, or use reverse engineering to modify any software,
application or programs used in connection with the communications and IT
services of EBM / BERACHA or the
Internet. Furthermore, you agree not to modify, alter or deface any of the
trademarks, or other intellectual property made available through the Internet
nor use any of the forgoing for any purpose other than the purpose for which
such intellectual property is made available to users through EBM / BERACHA.
Copyright
Notices
All information and content contained on our
websites are:
Copyright © 2008 EBM / BERACHA and The
Beracha Foundation, c/o
EBM / BERACHA and the
Beracha Foundation
1165 Beargrass Way
Maineville, Ohio
45039
All rights reserved. Any copy, reproduction
or redistribution of such content, including by caching, framing or similar
means is expressly prohibited without the prior written consent of the
copyright owner.
Submission of
Ideas and/or Suggestions
The Beracha Foundation is constantly updating/upgrading
its websites and communications and IT services, and developing new features
for both. If you have an idea and/or suggestion regarding improvements or
additions, we would like to hear them-but any submission will be subject to
these Terms of Use. Under NO circumstances shall any disclosure of any idea
and/or suggestion to The Beracha Foundation be subject to any obligation of
confidentiality or expectation or compensation. By submitting the idea and/or
suggestion to The Beracha Foundation, you are waiving any or all rights that
you may have in the idea and/or suggestion and are stating to The Beracha
Foundation that the idea and/or suggestion is original to you, that no one else
has any rights in the idea and/or suggestion and that The Beracha Foundation is
free to implement the idea and/or suggestion if it so desires, as provided or
as modified by The Beracha Foundation, without obtaining permission or license
from any third party source.
Territory
EBM / BERACHA websites originate in Ohio, USA.
Governing Law
The contract formed pursuant to the terms, conditions and specifications
of this Agreement and the obligations thereby imposed on EBM / BERACHA shall be governed and construed according to
the laws
of the State of Ohio without giving effect to any choice or conflict of law
provision or rule that would cause the application of the laws of any
jurisdiction other than the State of Ohio. User hereby expressly and
irrevocably agrees that any disputes or controversies arising out of, relating
to or concerning this Agreement and the rights and obligations hereunder shall
be commenced in either the Court of Common Pleas, Warren County, Ohio, or the
United States District Court, Southern District, Sixth Circuit of Ohio, and
further irrevocably consents to jurisdiction of those courts and service of
process in accordance with the provisions of the laws of the State of Ohio.
Entire
Agreement, etc.
The Terms and Conditions constitute the
entire agreement between EBM / BERACHA and
you pertaining to your use of the communications and IT services and supersedes
any prior agreements between you and EBM / BERACHA. EBM / BERACHA’s failure to
insist upon or enforce strict performance of any right or provision of the
Terms and Conditions shall not constitute or be construed as a waiver of any
right or provision. If any of the provisions (or parts thereof) contained in
the Terms and Conditions are determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination shall
not affect the remaining provisions (or parts thereof) contained herein.