TERMS OF USE

Welcome to the Tagged Tanakh web site located at www.TaggedTanakh.org (the “Site”), which is provided by The Jewish Publication Society (“JPS”). The following Terms of Use (“Terms”) govern your access to and use of the Site. By accessing or using the content, material, or services available on or through the Site, you indicate that you have read and understand these Terms, and you agree to be bound by these Terms. Therefore, you should review these Terms carefully before using the Sites. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately. The Site must not be used by children under 13.

  1. General. JPS reserves the right to change, modify or terminate the Terms or to change, terminate or modify any features of the Site or the Site itself at any time and at its sole discretion. Otherwise applicable sections of the Terms shall survive termination. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link at the bottom of the Site pages. Continuing to access or use the Site after such change constitutes your acceptance to any changes to the Terms. JPS reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site, with or without prior notice.
  2. Privacy. Your use of the Site will be governed by our Privacy Policy [www.yavnet.org] which is incorporated into these Terms by reference, as if set forth fully herein. By using the Site, you indicate that you understand and consent to the information collection, use, and disclosure practices described in the Privacy Policy.
  3. Third-Party Content and Links to Third-Party Websites. The Site is available for informational purposes only. The Site may contain third-party owned content and links to other websites (“Linked Sites”). JPS does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on Linked Sites. In addition, Linked Sites are not under the control of JPS, and JPS is not responsible for the content or privacy practices of the Linked Sites. Your use of Linked Sites is at your own risk, and subject to the privacy practices and terms and conditions of such other websites.
  4. Applicable Laws. You are required to comply with all applicable laws in connection with your access to and use of the Site and such further limitations as may be set forth in any written or online notice from JPS. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. Use of the Site is for your personal and non-commercial use, and JPS does not grant you any express or implied rights to access or use the Site for any other purpose.
  5. Registration and Security. In order to access certain content, services, products or benefits on the Site, you may be asked to register and create an account. You agree to provide accurate, current and complete information about yourself as requested or directed on the Site and to promptly update this information to maintain its accuracy. JPS has the right to suspend or terminate your account and to refuse any and all current or future use of the Site if it suspects that such information is inaccurate, incomplete or infringes upon the proprietary rights of another, or for any other reason whatsoever or for no reason. You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Site, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify JPS if you become aware of any unauthorized use of your password or username or any other breach of security.
  6. Copyrights. This Site (including, but not limited to, text, images, photographs, graphics, user interface, screen shots, designs, and computer code, and the selection, coordination, and arrangement of such content) is protected under the copyright laws of the United States and other countries. All copyright rights in the Site are owned by JPS or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. Except for content that you have posted on the Site, or unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may make use of the content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the content. To obtain written consent to use a copyrighted work, please contact chupping@jewishpub.org.
  7. Trade and Service Mark Rights. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of JPS products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to JPS or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright Jaws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of JPS, its affiliates, or any third party. To obtain written permission to use the trade and service mark rights of JPS, please contact jwaidman@jewishpub.org.
  8. User Content and Communications. The Site allows you to contribute, post, upload, add, communicate, store or otherwise transmit content, text, images, files, graphics, photographs, personal listings, messages, postings, audio, video, or material in any other form for access, use and commentary by other users to the Site (collectively, “User Submission(s)”). By posting or submitting any User Submissions, you consent to the following rules:
    1. You understand and agree that you are fully responsible for you User Submissions. You may not post User Submissions that violate any law, or may otherwise be objectionable or inappropriate. In particular, you may not submit, add, transmit, post, or provide content to, on, or through the Site that:
      1. infringes on the copyright, trademark, patent or other intellectual property right of any third party or constitutes the misappropriation of any trade secret or know-how;
      2. is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
      3. violates a third party’s right to privacy or publicity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person;
      4. constitutes the disclosure of any confidential information owned by any third party;
      5. degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
      6. contains epithets or other language or material intended to intimidate or to incite violence;
      7. violates any applicable local, state, national, or international law, or violates any community or Internet standard;
      8. impersonates any third party or falsely states or otherwise implies an affiliation with a third party or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”;
      9. contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; or
      10. JPS believes in good faith is otherwise objectionable or inappropriate.
    2. You understand and agree that your User Submission of content is lawful. You may only post a User Submission that you own, or that you otherwise have the right to post. In addition, you must obtain all necessary permission from any individuals identified in or implicated by your User Submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.
    3. You understand and agree that JPS is not responsible for any User Submissions. JPS, although not obligated to, may monitor, review, remove, reject, or revise at any time, without prior notice and in its sole discretion, User Submissions that violate the Terms, are otherwise objectionable, or for any other reason or no reason.
    4. You understand and agree that User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in the content you post.
    5. You understand and agree that you use and/or rely on any information contained in User Submissions at your own risk. JPS is not in any manner endorsing any User Submission and cannot, and will not, vouch for its reliability.
    6. You understand and agree that you grant JPS a worldwide, royalty-free, perpetual, non-terminable, irrevocable, transferable and fully sublicenseable license to access, use, distribute, perform, reproduce, display, modify, adapt, publish, translate, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon your User Submission, in whole or in part, and to incorporate it in other works, in any form, media or technology now known or later developed. JPS may use User Submissions as part of the demonstration of what the Site is and how it works. You agree to the use of User Submissions for promotional and fundraising purposes.
    7. You understand and agree that if you would like any User Submissions removed from the site, you can file a formal request at anytime by contacting chupping@jewishpub.org.

    In appropriate circumstances and at its discretion, JPS may terminate the account of or disable access to users who fail to follow these rules.

  9. Notice of Infringement. JPS respects the intellectual property rights of others, and requests that users do the same. If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement or that your intellectual property rights have otherwise been violated, please provide JPS’s Designated Agent with the following information in writing: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.” Please note that due to security concerns, e-mail attachments will not be accepted. Any notice of infringement submitted electronically with an attachment will not be received or processed.

    JPS’s Designated Agent is Carol Hupping, who can be reached as follows:

    Carol Hupping
    c/o The Jewish Publication Society
    2100 Arch Street 2nd Floor
    Philadelphia, PA 19103
    Tel. (215) 832-0600
    Fax. (215) 568-2017
    Electronic Mail: chupping@jewishpub.org

  10. Prohibited Conduct. By using the Site, you agree not to:
    1. delete or revise any material or other information of any other user, JPS, its affiliates, or any third party;
    2. contact any other user of the Site who has requested not to be contacted;
    3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    4. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
    5. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;
    6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers;
    7. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
    8. modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the copyrights or trade and service marks of the Site or any of JPS’s intellectual property or to otherwise use such material from the Site in any way for any purpose without prior written approval from JPS;
    9. frame, capture, harvest, collect, or create hypertext or other links or connections to any part of the Site or materials on the Site without JPS’s prior written consent;
    10. make any unauthorized use of the material on the Site, which could cause irreparable harm to JPS and that in the event of such unauthorized use, such use entitling JPS to an injunction in addition to any other remedies available at law or in equity; or
    11. engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site.
    You further agree not to violate or attempt to violate the security of the Site, including:
    1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
    3. attempting to interfere with service to any user, host, or network, including, by way of submitting a virus to, or overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” the Site;
    4. sending unsolicited e-mail, including promotions or advertising of products or services; or
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
    Violations of system or network security may result in civil or criminal liability. JPS and its affiliates may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
  11. Disclaimer of Warranties. JPS , its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any material on the Site, User Submissions, Linked Sites, advertisements or other items contained within the Site. JPS reserves the right to immediately remove any material on the Site, including User Submissions for any reason or for no reason. JPS cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any materials on the Site including User Submissions or the products or services made available in connection with the Site, including registration information or profile information for a registered, at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of the Site and its content or User Submissions and that you may not rely on such material or User Submissions.

    THE SITE, USER SUBMISSIONS AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS MADE AVAILABLE ON, IN AND THROUGH THE SITE, IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

    JPS, its subsidiaries, affiliates and licensors MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JPS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL: (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELivERY OF THE SITE; (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY JPS; AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY IFS OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

    JPS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING: (A) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (B) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; AND (D) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND JPS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

  12. Limitation of Liability. IN NO EVENT WILL JPS OR ITS SUBSIDIARIES OR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, exemplary, extra-contractual OR PUNITIVE DAMAGES of any kind whatsoever, including lost revenues or lost profits, which may or does ARISe OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, user submissions, the services, products, information and other materials on, in or made available on the site, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE JPS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

    THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF YOU or jps have BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF JPS AND ITS SUBSIDIARIES, AFFILIATES or LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER SUBMISSIONS, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JPS’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  13. Indemnification. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS JPS, AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, JUDGMENTS, LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) (“CLAIMS”) RESULTING FROM YOUR VIOLATION OF THE TERMS, YOUR USE OF THE SITE OR SERVICES OBTAINED THROUGH THE SITE, YOUR FRAUD, VIOLATION OF LAW, NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY OTHER USE OF THE SITE, USER SUBMISSIONS, OR THE SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE (EXCEPT TO THE EXTENT ATTRIBUTABLE TO JPS). YOU MAY NOT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF JPS.

    JPS or its subsidiaries, affiliates or licensors may assume the defense of any such Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If JPS or its subsidiaries, affiliates or licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to JPS, subject to the right of JPS to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

  14. Internet Security. JPS uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. JPS will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to JPS via the Site or the Internet, including, for example, personal information such as your name or address.
  15. Governing Law The Site is controlled and operated from within the United States. Without limiting anything else, JPS makes no representation that the Site, User Submissions, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and JPS as a result of these Terms or your access to and use of the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of JPS to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches. Unless otherwise specified herein, the Terms constitute the entire agreement between you and JPS and govern your use of the Site. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

Copyright © 2010 The Jewish Publication Society. All rights reserved. Last amended on [1/8/10].