Modification of Terms
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Each time changes are made to the Terms, revised Terms will be posted on the Site. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that You accept those changes. To update the Terms, we will both post the changed version and its effective date on the Site.
Modifications to Site
DoctorSimcha reserves the right from time to time to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof), with or without notice. DoctorSimcha will not be liable to You or any third party for any such modification, suspension or discontinuance.
Use of the Site
This Site is intended for use by persons who are at least 18 years old. If You are under 18 years old, please do not use this Site. DoctorSimcha does not knowingly solicit or accept personally identifiable information from users known to be under 18 years of age. By using the Site, You are representing and warranting that you are at least 18 years old. We reserve the right to refuse service to anyone for any reason at any time.
Posting Content on the Site
DoctorSimcha may allow users to post Content to the Site. By posting Content on the Site, You warrant and represent that You have all rights necessary to post such Content (and for DoctorSimcha to exercise the rights granted under Section 5 in such Content), all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available on the Site, including by Site users, cannot be guaranteed and DoctorSimcha cannot be responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone. You understand and acknowledge that DoctorSimcha cannot guarantee the accuracy or reliability of content.
In certain parts of the Site, to be allowed to post Content on the Site, You must first complete the Site registration process. You agree to provide true, accurate, and complete information during the registration process. You also agree that You will maintain and update such information to maintain its truth, accuracy, and completeness. DoctorSimcha reserves the right to terminate your use of the Site upon the discovery or belief that the information You provided is not complete or accurate. As part of the registration process, You will be asked to create a user name and password. You agree to safeguard your user name and password, and You authorize us to accept any use of the Site through your user name and password as being used by You or someone authorized to act for you. For example, as between DoctorSimcha and You, You are solely responsible and liable for all Content posted to the Site under your name and password.
You retain ownership of your copyrights and your other rights in your Content, subject to the non-exclusive rights that You grant as described in these Terms. These Terms do not prevent You from granting similar rights to others during and after the term of these Terms. In consideration of having your work posted on the Site for any period of time, You grant DoctorSimcha a perpetual, worldwide, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display, and create derivative works of the Content, in any form, media, or technology now known or later developed, to make, have made, import, and sell the Content, and to sublicense all of the foregoing rights (including the right to grant further such sublicenses).
You agree not to upload, post or otherwise transmit to the Site any information, data, text, diagrams, software, music, photographs, graphics, video, or any other materials whatsoever (collectively, "Content"): (a) that is untrue, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) that infringes a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party; (c) that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) that is false or misleading information about a product or service; (e) that is considered unsolicited or unauthorized advertising; (f) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) that violates any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to: (a) use the Site in any way that violates any applicable local, state, national or international law, regulation, or statute (including export laws); (b) access, tamper with, or use non-public areas of the Site; (c) tamper with postings of other users; (d) gather or use information, such as email addresses, available from the Site to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";(e) frame any part of the Site, or link to the Site, except as permitted in writing by DoctorSimcha; or (f) impersonate or misrepresent your affiliation with any person or entity.
DoctorSimcha is under no obligation to restrict or monitor Site Content in any way. However, DoctorSimcha has the right (but not the obligation) in its sole discretion to reject or remove any Site Content that is available through the Site, including any content that violates these Terms or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights.
Protection of Site Content
You should assume that everything You see or read on the Site that was not provided by You (such as trademarks, service marks, text, images, photographs, illustrations, and other materials) ("Site Content") is protected by trademark law, copyright law, and other proprietary rights protections, unless otherwise noted. DoctorSimcha grants You a limited, nonexclusive license, under the rights DoctorSimcha has in the Site Content, to use the Site Content for your own personal, noncommercial purposes, and to make a reasonable number of copies of the Site Content as needed for that use. DoctorSimcha reserves all other rights in the Site Content, on its own behalf and the behalf of its licensors (including other users), and DoctorSimcha does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to You under these Terms. You may not reproduce (except as stated in the previous sentence), distribute, modify, publicly perform or display, or prepare derivative works of any Site Content without prior written consent from DoctorSimcha or the third-party owner of the rights in that Site Content (if any). You agree not to reverse engineer any Site Content consisting of downloadable software, unless specifically authorized by DoctorSimcha or the third-party owner of the rights in that Site Content (if any) or otherwise permitted by law.
These Terms automatically terminate if You violate any part of them, and after termination You are no longer authorized to access or otherwise use the Site or Site Content. If You are a registered user, we may cancel your account at any time, including if we reasonably believe that You have violated or acted inconsistently with these Terms or violated our rights or those of another party. You agree that we may terminate your access to the Site or cancel your account without prior notice. If your account is canceled, You may no longer have access to material You keep on the Site. The provisions entitled " Disclaimer of Warranties," "Indemnity," "Limitation of Liability," "Choice o f Law and Forum", "Entire Agreement" and "General Provisions" will survive termination of these Terms.
Dealings with Merchants
DoctorSimcha may include advertisements on the Services, which are necessary for DoctorSimcha to provide the Services to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, merchants or advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant or advertiser. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You waive any claim against DoctorSimcha for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site. You agree that DoctorSimcha shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings or recommendations on the Services.
Anyone linking to DoctorSimcha must comply with the following guidelines and all applicable laws: (i) not to replicate any DoctorSimcha's content; (ii) not to create a browser or border environment around any DoctorSimcha's content; (iii) not to not imply that DoctorSimcha is endorsing it or its products; (iv) not to misrepresent its relationship with DoctorSimcha; (v) not to present false information about DoctorSimcha; (iv) not to use any DoctorSimcha's trademarks, trade names, or logos without permission from DoctorSimcha; and (vi) not to contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.
You agree to indemnify, defend and hold harmless DoctorSimcha and its subsidiaries and affiliates and their respective officers, directors, employees, agents, and suppliers from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party arising out of: (a) your use of the Site or the Site Content; (b) your connection to the site and its content; (c) your postings or other content you submit, post, transmit, email, or otherwise make available through the website, (d) your use of or reliance on the site and its content, (e) your violation of these Terms, or (f) your violation of any rights of another party.
Disclaimer of Warranties
You use the Site and Site content at your own risk. The Site and Site Content may not be accurate or error-free, work for your particular situation, meet your requirements or be suitable or appropriate for you. We may not independently verify the accuracy or reliability of the content. We strongly urge you to consult a professional or some other authority in the appropriate field before using any of the site content.
DoctorSimcha makes not warranty that: (i) the Site and its content will meet your requirements; (ii) the results that may be obtained from the Site and its content will be accurate or reliable, (iii) the Quality of any products, software, services, information, or other material purchased or obtained by you through the use of the site and its content will meet your expectations, OR (v) any errors in the Site and its content will be corrected. We cannot guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of the website and its content. They might be harmful, untimely, incomplete, or inaccurate and, accordingly, you agree to exercise caution and common sense when using the website and its content.
We do not guarantee that the site will be error free, secure or that it or the servers that operate it are free of viruses or other harmful components. We urge You to keep backup copies of material, if any, that You maintain on or use with the Site. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we are not responsible for those costs.
Without limiting the foregoing, the Site and Site content are provided to you "As Is" and "As Available", without warranty of any kind. DoctroSimcha disclaims all warranties and conditions of any kind, express, implied, or statutory concerning the Site and Site content, including, but not limited to, any implied warranties of availability, accuracy, reliability, timeliness, security, completeness, merchantability or fitness for a particular purpose. There is no warranty of title or non-infringement.
DoctorSimcha makes no warranty as to the results that may be obtained from the site of site content. DoctorSimcha makes no warranty regarding any goods or services purchased or obtained through the site or any transactions entered into through the site. No advice or information, whether oral or written, obtained by you from DoctorSimcha or through the site, will create any warranty not expressly made herein.
You should not use the Site and the Site content for emergency purposes or to seek or provide diagnosis or treatment of medical, psychological or other problems or difficulties, or as a substitute for professional medical, psychological, tax, legal, investment, accounting, or other professional advice. The entire risk for use of the services is borne by you.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
No Professional, Medical or Legal Advise
No professional advice – DoctorSimcha provides information for informational purposes only, which should not be construed as advice. No action should be taken based upon any the professional information contained in the Site. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the Services.
No legal advice – the Site may contain information on legal topics; however there is absolutely no assurance that any information touching on legal matters is true, correct, or precise. The legal information provided in the Site is of a general nature and cannot substitute for professional legal advice. Always seek the advice of competent counsel with any questions you may have regarding a legal issue. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
No financial advice – the Site may contain information on financial topics; however there is absolutely no assurance that any information touching on financial matters is true, correct, or precise. The financial content in the Site is provided for your personal information only, is not intended for trading purposes, and cannot substitute for professional financial advice. Always seek advice of a competent financial advisor with any questions you may have regarding a financial matter. Information on this site is not appropriate for the purposes of making a decision to carry out a transaction or trade nor does it provide any form of advice (investment, tax, or legal) amounting to investment advice, or make any recommendations regarding particular financial instruments, investments, or products.
No medical advice – any information on this Site that may be of medical nature, if exists, is of a general nature and cannot substitute for professional medical advice, diagnosis, or treatment. There is absolutely no assurance that any information touching on medical matters is true, correct, or precise. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in the Site. DoctorSimcha does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Site.
The contents of all material available on DoctorSimcha.com ("DoctorSimcha" or "Site") are intended to provide useful information for its users. While DoctorSimcha intends to present accurate and reliable information, DoctorSimcha does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information in the Site may or may not be current as of the date of your access, and DoctorSimcha has no duty to update and maintain the information, reports, or statements in the Site. Additionally, the information in the Site may be changed periodically without prior notice. All content in DoctorSimcha.com is provided "as is". Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
Doctor Simcha is a virtual character created by the operators and owners of the website www.doctorsimcha.com. Any reference made on the Site and in correspondence to the character and its existence may be fictitious.
Limitation of Liability
In no event will DoctorSimcha, or our subsidiaries, officers, employees, and suppliers will be liable for any lost profits, revenue, or data, or any incidental, special, consequential, punitive or indirect damages resulting of your access to, or use of, or inability to use the site or the site content, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any all other commercial damages or losses, whether based on warranty, contract, tort (including negligence) or any other legeal theory, and whether or not we know of the possibility of such damage.
Under no circumstances will our aggregate liability and the aggregate liability of our subsidiaries, officers, directors, and suppliers to you for all claims arising out of or in connection with the Site or the Site content exceed the greater of: (I) The amount You have paid DoctorSimcha for the use of the Site and its content OR (II) $10.00. You acknowledge that without these limitations, we could not provide low cost and/or free access to the Site.
Some Jurisdictions may not permit some of the above mentioned limitations of liability, and therefore this many not apply to you.
You and DoctorSimcha are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
No Third Party Beneficiaries
Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.
DoctorSimcha respects the intellectual property rights of others and requires that the people who use the Site do the same. If You believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, You may notify us by providing our copyright agent with the following information in writing:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that You claim has been infringed;
3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit DoctorSimcha to locate the material;
4. your name, address, telephone number, and email address;
5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that You are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement can be reached at email@example.com.
DoctorSimcha will give You any notices by posting them on the Site. You authorize DoctorSimcha to send notices via electronic mail as well if DoctorSimcha decides, in its sole discretion, to do so. You agree to check the Site for notices, and that You will be considered to have received a notice when it is made available to You by posting on the Site.
The DoctorSimcha website, DoctorSimcha.com, trademarks and logos are trademarks of DoctorSimcha. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of DoctorSimcha. The trademarks, logos, and service marks not owned on behalf of DoctorSimcha and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by DoctorSimcha to use such marks, whether by implication, estoppel, or otherwise.
Choice of Law and Forum
These Terms and the relationship between You and DoctorSimcha will be governed by the laws of the State of Israel, without regard to its conflicts of law provisions. You and DoctorSimcha agree to submit to the personal and exclusive jurisdiction of the courts located within Tel Aviv, Israel.
These Terms constitute and comprise the entire agreement between You and DoctorSimcha with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein
The paragraph headings in these Terms are used for convenience only and have no binding effect.
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the Terms enforceable.
If any part of these Terms is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are personal to You and You may not transfer, assign or delegate these Terms to anyone without the express written permission of You. Any attempt by You to assign, transfer or delegate these Terms without the express written permission of DoctorSimcha will be null and void.
Any action concerning any dispute You may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred. The failure of DoctorSimcha to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
We suggest that You print out a copy of these Terms for Your records.
Last updated: November 8, 2006