1. Agreement and General Terms of Use
1.1 These Terms of Service
constitute the agreement between PellaWorks, LLC ("doitinhebrew.com") and you
as a user who accesses, subscribes to access or otherwise establishes a
connection (“user,” “you,” or “your”) to the world wide web sites known as
doitinhebrew.com, translate.doitinhebrew.com (individually and collectively, the
"Site" and including any sub-domains, "Plus/Pro" sites or other related
doitinhebrew.com products and services), which are owned and controlled by
doitinhebrew.com.
1.2 You must agree to abide
by all of the provisions in this agreement in order to remain an authorized user
of the Site and your use of the Site constitutes your agreement to abide by
those provisions. You are solely responsible for your use of the Site and for
ensuring that your use complies fully with the provisions of this agreement.
Your rights are personal and non-assignable. This means that you will be
responsible for the acts of anyone accessing the Site through you or using your
name and password.
1.3 doitinhebrew.com reserves
the right, in its sole discretion, to change any or all of the provisions of
this agreement at any time. doitinhebrew.com will notify users of any changes by
posting them on the Site or through other reasonable means of providing notice.
Any changes to this agreement will be effective immediately upon notice to you.
Your use of the Site after notice of changes to this agreement will be deemed
your acceptance of the changes.
1.4 doitinhebrew.com reserves
the right, in its sole discretion, to change, limit, or discontinue any aspect,
content, or feature of the Site, as well as any aspect pertaining to the use of
the Site.
1.5 IF YOU DO NOT AGREE TO
THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SITE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site
2.1 You will use the Site
and any tools, features, content, material, or information found on the Site
solely for lawful, non-commercial purposes. You will not allow any third party
to access the Site through your account, upload to, distribute to, or otherwise
disseminate through the Site any material or information of any kind that is
libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any
law or infringes or violates any rights of any other person or entity, or
contains a solicitation of funds, advertising, or a solicitation for goods or
services.
2.2 You warrant that any
material or information that you make available through the Site, including, for
example, postings to comment sections and forums, is solely your original work,
or that you have all necessary rights to make the material or information of any
other person or entity available on the Site. You will be solely responsible for
the content of any material or information that you make available through the
Site. You will also be liable for any damage resulting from making any material
or information available through the Site.
2.3 By making any material
or information available through the Site, you automatically grant to
doitinhebrew.com a worldwide, royalty-free, perpetual, irrevocable, and
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, distribute and sublicense any such material or information (in whole
or in part) and/or to incorporate it in other works regardless of form, media,
or technology. By making any material or information available through the Site,
you also grant to users other than yourself the right and license to access,
view, store, or reproduce your material and information for that user’s personal
use.
2.4 doitinhebrew.com has no
obligation to, and does not and cannot, review every item of material or
information that you and users other than yourself made available through the
Site, and doitinhebrew.com is not responsible for any content of this material or
information. However, doitinhebrew.com reserves the right to delete, move, or edit
any material or information that it deems, in its sole discretion, unacceptable,
libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation
of any law or that infringes or violates any rights of any other person or
entity. Further, doitinhebrew.com reserves the right at all times to disclose any
material or information as necessary to satisfy any law, regulation, or
governmental request.
2.5 doitinhebrew.com reserves
the right to collect, use, and distribute demographic data about you and your
use of the Site in forms that do not identify you individually or reveal your
identity.
3. Rights in Site Content and the Site
3.1 All content provided by
doitinhebrew.com on the Site is protected by copyright, trademark, and other
applicable intellectual property and proprietary rights laws and is owned,
controlled, and/or licensed by doitinhebrew.com. The Site is protected by
copyright, patent, trademark, and other applicable intellectual property and
proprietary rights laws and is owned, controlled, and/or licensed by
doitinhebrew.com. Any and all trademarks appearing on the Site are the property of
doitinhebrew.com or their respective owners.
3.2 You will not modify,
publish, transmit, participate in the transfer or sale, create derivative works,
or in any way exploit, any of the content, in whole or in part, found on the
Site. You agree that all rights to the Site, content and any derivative work
will remain with doitinhebrew.com. You will download copyrighted content solely
for your personal use, but will make no other use of the content without the
express written permission of doitinhebrew.com and the copyright owner. You will
not make any changes to any content that you are permitted to download under
this agreement, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You agree that you do not acquire
any ownership rights in any downloaded content.
3.3 Certain content found on
the Site may be subject to additional terms, conditions, and notices as
specified in Section 11 (Content-Specific Notices) below.
4. Disclaimer of Warranties & Limitation of Liability
4.1 YOU EXPRESSLY AGREE THAT
USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER doitinhebrew.com, NOR ANY OF ITS
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS
TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT,
INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SITE, ANY
MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES
MADE AVAILABLE ON THE SITE.
4.2 TO THE EXTENT PERMITTED
BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIAL, INFORMATION, POSTINGS, OR
POSTING RESPONSES FOUND ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL doitinhebrew.com (OR ANY OF ITS
PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES,
AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY
TOOL, CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SITE
OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY
LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT
KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT doitinhebrew.com (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless doitinhebrew.com (and any of its
parents, subsidiaries, affiliates, employees, agents, third party content
providers, or licensors, and their respective directors, officers, employees,
and agents) from and against all claims, liability, and expenses, including
attorneys’ fees and legal fees and costs, arising out of your use of the Site or
your breach of any provision of this agreement. doitinhebrew.com reserves the
right, in its sole discretion and at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
You will cooperate as fully as reasonably required in the defense of any claim.
6. Fees and Payments
6.1 doitinhebrew.com Plus/Pro Fees and Payment. The current Subscription Fees for a
subscription (annual or monthly, as applicable) to the "Plus/Pro" Site can be
found
here:
Plus/Pro doitinhebrew.com
As a user of the Plus/Pro Site you agree to pay the subscription fees (annual or
monthly, as applicable) and any other charges in connection with the
subscription
(including any applicable taxes) at the subscription fees in effect at the
moment of
the subscription or at the moment of the renewal of the subscription. By
subscribing
to the Plus/Pro Site you authorize us to bill all charges automatically to your
elected
payment method.
We reserve the right to change the subscription fees in the future, by giving
you
written notice in advance of your next subscription renewal date. If you want to
change or update your payment method before a renewal payment is due, you can
update your information by accessing your account information here.
6.2. Renewal of Subscription to the Plus/Pro Site. Your subscription to the Plus/Pro Site
will renew automatically, unless (i) you click the Cancel Plus/Pro Membership
button on the Manage
My Account page before the
renewal date; (ii) we terminate your subscription; or (iii) your registered
payment method expires or becomes invalid when the subscription renewal is due.
To avoid the charge of any Subscription Renewal Fees, we must receive your
subscription cancellation notice before the renewal date.
7. Notices Between Us
You will contact us by submitting your message via this
form. We will contact you by the e-mail address you provide to us, or by
posting a notice on the Site.
8. Termination
doitinhebrew.com may terminate this agreement and your use of the Site at any
time. doitinhebrew.com will have the right immediately to terminate your use of
the Site in the event of any conduct by you which doitinhebrew.com, in its sole
discretion, considers to be unacceptable, or in the event of any breach by you
of this agreement.
9. Law Governing Performance and Disputes
This agreement, your performance under it, and any disputes arising under it
will be governed exclusively by the laws of the United States of America and the
State of Michigan, without giving effect to their conflict of laws principles.
You expressly consent to the exclusive forum, jurisdiction, and venue of the
Courts of the State of Michigan and the United States District Court for the
Northern District of Michigan in any and all actions, disputes, or
controversies relating to this agreement.
10. General Terms
This agreement and any posted rules on the Site established by doitinhebrew.com
constitute the entire agreement of the parties with respect to the subject
matter hereof. No waiver by either doitinhebrew.com or you of any breach or
default under this agreement will be deemed to be a waiver of any preceding or
subsequent breach or default. This agreement will be binding upon and inure to
the benefit of doitinhebrew.com and its successors, trustees, and permitted
assigns. doitinhebrew.com may assign this agreement or any of its rights or
obligations under this agreement with or without notice to you.
|