GinaPlus.org Terms of Use and Notices

Last Updated: December 2008

1. THIS IS AN AGREEMENT BETWEEN YOU AND GinaPlus.org

This is an agreement ("Agreement") between you and GinaPlus.org. This Agreement governs your use of any Web site or Web page or Web service operated by GinaPlus.org. You represent that any information that you submit is correct. GinaPlus.org OFFERS THE WEB SITES AND SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE GinaPlus.org SERVICE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
 

2. HOW GinaPlus.org MAY MODIFY THIS AGREEMENT

GinaPlus.org reserves the right to change the terms, conditions, and notices under which it offers the GinaPlus.org Web Services as per the following schedule. Minor, technical changes to the GinaPlus.org service may be performed by the Webmaster of his own volition. Policy changes to the GinaPlus.org service may be performed only by the GinaPlus Committee, and in extreme cases by a poll of the GinaPlus membership, namely when at least 30% of the GinaPlus.org members disagree with the decision of the GinaPlus Committee. A policy change constitutes a major change to the style or method of use of the GinaPlus.org service. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the GinaPlus.org Web Site. Your continued use of the GinaPlus.org service after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

The GinaPlus.org Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of the GinaPlus.org service, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within the GinaPlus.org Web Site, then the terms in this Agreement shall control.

4. UNLAWFUL OR HARMFUL USE OF THE GINAPLUS SERVICE

You will not use the GinaPlus.org service in any way that is unlawful, or harms GinaPlus.org, its officials or members. The GinaPlus.org service Code of Conduct is detailed in Section 5 of this Agreement and all GinaPlus.org officials and members are required to adhere to this Code of Conduct. Failure to do so may result in moderation, suspension or termination of the offender’s account to the GinaPlus.org service. Without limiting the generality of this section, you may not use the GinaPlus.org service in any manner that could damage, disable, overburden, or impair any GinaPlus.org feature or interfere with any other member’s use and enjoyment of the GinaPlus.org service.

5. The GinaPlus.org CODE OF CONDUCT

a. No official or member of the GinaPlus.org service may personally attack or slander any individual, group or organisation, be he/she/they an official or member or the GinaPlus.org service or not, using the GinaPlus.org service. A GinaPlus.org official or member may express an opinion or criticism on any issue (local, national, international, etc.) using the GinaPlus.org service, but must limit his/her opinion/criticism to the issue and not the persona involved. The only exception to this paragraph is a public warning described in h. below that has the approval of either the police, the courts, the moatza and/or the Rabbis of Karnei Shomron rabati.

b. No local municipal election propaganda may be posted on the GinaPlus.org service. No material involving inter or intra municipality politics may be posted on the GinaPlus.org service. The only local municipality information that may be posted on the GinaPlus.org service are announcements pertaining to utility disturbances (electric, water, gas etc.), traffic rerouting or road closures and/or notices of community events of a non political nature. Posts advertising parlor meetings for candidates during local elections are permissible as long as they contain only the following information - Name, Date & time, Place.

c. No material pertaining to disputes, personal, with local authorities, or any other dispute may be posted on the GinaPlus.org service.

d. No official or member of the GinaPlus.org service may use the GinaPlus.org service to post or distribute offensive or obscene material. The definition of what is offensive/obscene is determined by community standards and by the majority of the GinaPlus.org members. If the majority of GinaPlus.org members deem it to be offensive/obscene then it constitutes offensiveness/obscenity in regard to this section.

e. No official or member of the GinaPlus.org service may collect personal information from the GinaPlus.org service for the purpose of sending unsolicited material. The personal information contained in the GinaPlus.org service, (email addresses, telephone numbers, demographical info etc.) is the sole property of that member and may not be used or given out to any person or organisation for purposes of sending unsolicited (“spam”) mail, email  or telephone calls.

f. All officials and members of the GinaPlus.org service will endeavor to consider the sensitivities and feelings of other members when using the GinaPlus.org service. This includes but is not limited to –

* Using a courteous tone in postings to the GinaPlus.org service

* Refraining from posting unverified information, for example but not limited to - dangerous drugs, foodstuffs, donation of blood/organs, computer viruses, etc. Only if you are 100% sure the information is true you may post items of this kind to the GinaPlus.org service

* Refraining from hitting the “Reply” button in response to a posting on the GinaPlus.org service and including the entire history of postings in your reply. This repetition is unnecessary and clogs up the GinaPlus.org service for no reason. Simply include your own response in your reply and not the whole repartee.

* Where possible, please post items in both Hebrew and English so that all members of the GinaPlus.org service may benefit from them.

The GinaPlus.org service may publish from time to time other etiquette guidelines pertaining to this section.

g. Commercial Advertising. Any GinaPlus.org member may advertise their service or business on GinaPlus provided that no more than ONE advert per week is posted to the list. Failure to adhere to this once-a-week clause may result in suspension of that members account. Advertisers are required to prefix the text [ADV] to the subject line of their email to identify this as an advert.

h. Public Warnings. Public warnings may be split into 2 categories - A. immediate life threatening situations and B. non-immediate non-life threatening situations. Regarding type A, any individual in possession of knowledge that may prevent loss of life in an immediate life threatening situation may post a public warning on GinaPlus.org with no additional, prior coordination with the Webmaster. Any type B. situation MUST be coordinated with the Webmaster prior to publication in order to verify that the public warning has been approved by either the police, the courts, the moatza and/or the Rabbis of Karnei Shomron rabati.

i. By subscribing to GinaPlus.org you accept that members of the list may periodically send you commercial advertisements via the GinaPlus.org email list. in compliance with paragraph 5.g. If you do not wish to receive commercial advertisements, you must unsubscribe from the GinaPlus.org service by sending an email to webmaster@ginaplus.org with the Subject: Unsubscribe.

Members of the GinaPlus.org service must keep up to date with any changes that may be listed on this page.

6. COMMUNICATIONS MONITORING

Officials or members who do not adhere to the Code of Conduct specified in Section 5.may have their account(s) with the GinaPlus.org service terminated, suspended or placed on moderated status. The GinaPlus.org service webmaster has the right to monitor any posting by a member on moderated status and determine whether it is applicable for posting to the entire membership list or not, in the event he has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the GinaPlus.org service members or officials.

7. INFORMATION AVAILABLE FROM THE GINAPLUS.ORG SERVICE

The GinaPlus.org service does not warrant or guarantee the accuracy or timeliness of any information available from the GinaPlus.org service. The GinaPlus.org service does not endorse or recommend any particular product or service. Nothing contained in the GinaPlus.org service is intended to constitute professional advice.

8. The GinaPlus.org SERVICE MAKES NO WARRANTY

THE GinaPlus.org SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GinaPlus.org SERVICE PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE GinaPlus.org SERVICE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE GINAPLUS.ORG SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY GinaPlus.org PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE GINAPLUS.ORG SERVICE, EVEN IF SUCH GinaPlus.org PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) NEGLIGENCE, OR (3) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE GINAPLUS.ORG SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY GinaPlus.org PARTY WITH RESPECT TO THIS AGREEMENT OR THE GINAPLUS.ORG SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GINAPLUS.ORG SERVICE.

10. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Israel.

11. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND THE GinaPlus.org SERVICE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GINAPLUS.ORG SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. COPYRIGHT AND TRADEMARK NOTICES

All contents of the GinaPlus.org service Web Site, including but not limited to trademarks, graphics, logos, images etc. are Copyright © 2002-2011 Les Saidel, the designer of the GinaPlus.org service. The contents of individual member postings to the GinaPlus.org service is the community property of all the GinaPlus.org service members and officials.