TERMS OF USE
Upon entering this website, you must understand that by entering the website of The Spirits Curator Ltd. (hereinafter: the "Company") at: www.thespiritscurator.com (hereinafter: "The Website"), and using it, you are subject to the conditions set forth below (the "Terms of Use") and the laws of The State of Israel as they apply, all depending on the context.
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By entering and browsing The Website, you hereby agree without any restriction and / or reservation of any type or form, to the terms of use and recognize that any other agreement as entered into orally, in writing, expressed or implied, between you and The Spirits Curator Ltd., regarding The Website, is not valid to the extent that there is a conflict between it and the terms of use.
By entering and browsing The Website, you confirm and undertake that your use of any material, content, text, image, and any other material of any kind and type, appearing on The Website, is strictly prohibited except for purposes mentioned in and subject to the terms of use.
All use of The Website constitutes your consent to the terms of use and the terms of the privacy policy of The Website which can be found in this link: https://www.thespiritscurator.com/privacy (hereinafter: "Privacy Policy") and that you have read the terms of use and privacy policy of The Website carefully and understand them and you agree that they will apply to you without exception.
To the extent that you do not agree to the terms of use, you must refrain from making any use of The Website.
The terms of use apply to the use of the website and the services included in it using any computer or other communication device (such as a cell-phone, various tablet devices, etc.).
The section headings have been provided for convenience and should not be construed as an interpretation of this document.
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Terms of Use of The Website
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A. Information on the website
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1. The Website is a business image website of The Spirits Curator Ltd. and is not a commercial website. No commerce or retail activities of any kind are carried out on it. The Website, materials or content appearing on it may not be considered marketing, advertising, sale, invitation to enter into a transaction or any different commercial operation of any kind and type including as defined by any law.
2. The website displays information and images of intoxicating beverages. By entering The Website, you confirm that you are an adult over the age of 18, and your said approval is a condition for your entry to The Website.
3. The Website contains general information about the company, the founders, its field of activity and the various products imported by it, including collaborations in which The Spirits Curator Ltd. takes part in (hereinafter: "the information").
4. The information on the website is presented "AS IS" and is meant for informational purposes only.
5. Although The Spirits Curator Ltd. makes every effort to include relevant, accurate, correct and up-to-date information on The Website, it does not in any way guarantee the accuracy of the information, and it does not agree to rely on it for any purpose. The Spirit Curator Ltd. will not bear liability and / or responsibility for any error and / or omission and / or violation towards a third party arising from and / or related to and / or arising from the content of The Website or the materials and information contained therein.
6. By entering and using the Website, you declare and confirm that the use of the Website is at your sole risk. The Spirits Curator Ltd. and / or any other party (technical, substantive, ancillary or any other party), involved in the construction of The Website in any form, are not responsible for any direct and / or indirect, incidental, consequential and / or punitive damages resulting from using The Website and / or our content, without limiting the foregoing, all materials, content, writing, technical platform and any component of The Website is provided to you as is without warranty of any kind, either directly or indirectly by The Spirits Curator Ltd. or any other entity.
7. The Spirits Curator Ltd. operates this site as a business image site of the company and as a service to the online community and for the convenience of the public.
8. The information on the website should not be treated as an encouragement or invitation to consume the products mentioned on the company's website and / or intoxicating beverages in general of any kind and type.
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B. Intellectual Property and Copyright
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9. It is clarified that the full content, images, texts, information and any other content that can be seen on The Website are protected by copyright and intellectual property rights, including rights under the Copyright Law, 5768-2007 (hereinafter: "Copyright Law"). In this case, any material or content appearing on The Website of any kind may not be used without a written prior permission granted by The Spirits Curator Ltd., except for use according to the terms of use or to the extent that such permit appears in the text on The Website.
10. The Spirits Curator Ltd. does not guarantee that your use of content or material of any kind and type displayed on The Website will not infringe the rights of any third party, including your exposure to legal action by any third party.
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11. Material, text, image or content of any kind and type displayed or appearing on The Website may not be construed as giving indirectly, directly, in analogy, silence or in any other form, permission to use any intellectual property belonging to The Spirits Curator Ltd. or any third party (including but not limited to: Patents, registered trademarks, trademarks, copyrights or trade secrets).
12. It is clarified and declared that you may download the material displayed on The Website to your personal computer only subject to permitted use as provided in the Copyright Law and for non-commercial purposes and to the extent that this is done solely for your personal use, subject to all copyrights and / or any other rights in the material or as indicated on the website.
13. It is clarified that it is strictly forbidden to you, or anyone on your behalf to publish, distribute, modify, reuse, send by mail and / or edit a derivative material within the meaning of the Copyright Law and / or present to any third party as if you have proprietary or moral rights over it within the meaning of the Copyright Law and / or use the content and / or material of any kind that appears on The Website. This includes the content, text, characters and audio and video for personal and / or public and / or commercial purposes.
14. It will be clarified that even within the framework of "permitted use" as defined by any law, including its definition in the Copyright Law, the use of the materials and / or content of any type that appear on The Website, requires you to preserve the moral right in the materials and / or content in full as it exists, and within the meaning of Copyright Law.
15. The copyrights of people or places on The Website are owned by The Spirits Curator Ltd. or any third party. Use of these texts and / or materials and / or content and / or images by you, or by anyone on your behalf and with your permission, is strictly prohibited, unless explicit permission has been granted by The Spiritual Curator Ltd. to do so under these Terms of Use, or elsewhere on The Website. Any unauthorized use of images and / or content and / or texts of any kind and type appearing on The Website may constitute a violation of laws, including by virtue of copyright law, trademarks, the Privacy Protection Act as well as laws, regulations, orders or other binding statutory provisions, to the extent relevance according to context.
16. Please note that The Spirits Curator Ltd. hereby unequivocally states that it will act in accordance with the provisions of any law and all means available to it under the law to strictly safeguard its rights of any kind and type (including its proprietary and institutional rights and those on its behalf or third parties as required according to the context of the matter), including appealing to the courts as necessary.
17. It is hereby clarified that the trademarks, logos and any other mark displayed on the website whether or not they are registered in any register (hereinafter: "the trademarks") are trademarks wholly owned by The Spirits Curator Ltd. and / or any other rights owner, and as such they are protected. Any use that has not been explicitly approved in writing by The Spirits Curator Ltd. or through explicit and written permission on The Website, is strictly prohibited. To the extent that there is a permit for the limited use of the trademarks, the said permit shall not be considered as granting any right, including a license to use the trademark, both directly and indirectly, except with the explicit prior written permission of The Spirits Curator Ltd. or the rights holder on The Website.
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C. Lack of liability for linked pages and sites or publications on The Website
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18. It is clarified that The Spirits Curator Ltd. has not reviewed all pages linked to The Website, and is not responsible or liable for the content of pages added to The Website or other sites linked to The Website, of any kind and type. Your entering or browsing of sites added to The Website or any other linked sites is at your sole risk.
19. The Spirit Curator Ltd. will also not bear any responsibility, and will not be liable for any damage that may occur to any computer equipment and / or any other item in it and / or viruses that may destroy or disrupt the operation of the computer as a result of your entry into The Website and / Or to the link sites appearing on The Website as well as downloading files of material appearing on The Website including, texts, content pages, code, data, text, images, video, audio and so on.
20. By entering The Website, you hereby completely and irrevocably confirm that any communication or material you transmit to The Website by e-mail or in any other way (including but not limited to: any data, questions, comments, comments, suggestions, etc.) will be considered and treated as non-material non-confidential and not owned by you as a user. Everything you transmit or send by e-mail, may be used by The Spirits Curator Ltd. and / or by companies associated with it for any purpose (including but not limited to: restoration, discovery, transmission, publication, transmission, or mailing), and subject to the provisions of any law. In addition, The Spirits Curator Ltd. may use any idea, knowledge agreement, techniques, which are transmitted in any means of communication for any purpose of any kind and in its sole discretion.
21. Although The Spirits Curator Ltd. may monitor chats, publications, messages, etc. uploaded to The Website by third parties (hereinafter: "Publications"), it is hereby clarified that in these actions of The Spirits Curator Ltd. or anyone acting on its behalf to operate The Website does not imply baring of any liability or responsibility by The Spirits Curator Ltd. in relation to publications of any kind and type including defamation, profanity, commercial advertising, negligence, pornography, abomination, personal details or inaccuracies that appear in the information uploaded to The Website by third parties. Please note that it is strictly forbidden to upload to the Website or publish any illegal information, commercial advertising or any information that may be considered or encourage criminal conduct or violation of any law. The Spirits Curator Ltd. will fully cooperate with the law enforcement authorities in the event and publish information of the type listed above on the website.
22. The Website may contain general or detailed information about products imported by the company from around the world, but not all of them are sold in the State of Israel. Any reference to a product or service does not indicate that it can be purchased or received in the State of Israel or in any other country for that matter. The products are subject to regulatory supervision and subject to the provisions of any law.
23. It is hereby clarified and declared that in no way should the advertiser on The Website (including any material, text, information or content) be treated as marketing material or advertisement or sale or invitation to execute a transaction, within the meaning of any law.
D. Jurisdiction
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24. The jurisdiction in connection with any dispute or claim that may arise in connection with the use of The Website or related to it, including the privacy policy on The Website, is given exclusively to the competent courts in Tel Aviv.
E. Transfer and conversion of rights and obligations
25. You may not transfer your rights and / or obligations under these Terms of Use to another. The Spirits Curator Ltd. may transfer and convert its rights and / or obligations to another.
F. general
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26. The Spirits Curator Ltd. may at any time check the terms of use of The Website, and update them as necessary, and at its sole discretion subject to the provisions of the law. You are obligated to these terms of use when you choose to enter The Website, make use of it and browse it.
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27. Had The Spirits Curator Ltd. any reason to suspect that the user violated any of the Terms of Use, The Spirits Curator Ltd. will be entitled, at its sole discretion and without prior notice, to demand and / or claim from the user any relief to which it is entitled, including monetary compensation and / or a restraining order, including a claim for compensation for all legal expenses required for it. The remedies as aforesaid, without prejudice to any right or remedy available to it by law.
28. You undertake to indemnify and compensate The Spirits Curator Ltd., its employees, managers and anyone on its behalf for any damage, loss, loss of profit, payment or expense of any kind and type whatsoever caused to any of them - including attorney's fees and expenses - due to violation of the terms of use.
29. The terms and conditions set forth in the Terms of Use, as well as any change or amendment thereof, as well as the use of the Website, shall be regulated in accordance with the laws of the State of Israel without regard to the provisions of choice of law applicable therein.
30. If a provision of these Terms of Use is determined by a competent court as illegal and / or invalid, despite the intention of the parties, then this will not cancel the other provisions of these Terms of Use and / or parts of that provision that was repealed and / or reduced to by the competent court as aforesaid.
31. These Terms of Use do not derogate from any right granted to The Spirits Curator Ltd. and / or anyone on its behalf under any law.