1.1 The website www.emrich-israel.com (“the Website”) is operated by Erben-Ermittlung Emrich GmbH & Co. KG Limited Partnership (“our”, “us”, “Emrich Israel” and “we”). We are the limited partnership of Erben-Ermittlung Emrich GmbH & Co. KG in Berlin (Germany) and are registered in Israel with company number 530257385. Our registered office is located at 6 Ha’Melacha Street, Entrance D, Lod 7152012 ISRAEL.
2 Important Introduction
2.1 These are the Website terms and conditions of use (“Terms”), which apply to your use of the Website. By accessing the Website you agree to be bound by these Terms.
2.2 If you do not wish to be bound by the Terms you should not access or use the Website.
3 USING THE WEBSITE
3.2 You agree not to:
3.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
3.2.2 modify, access or make available data stored on a computer or device which you have accessed through our network, when either: (i) the owner of the data, computer or device has taken steps to prevent you from doing this; or (ii) the owner has expressed a wish that you do not do this;
3.2.3 damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
3.2.4 use the Website in any way to send unsolicited (commercial or otherwise) e-mails or any material for marketing or publicity purposes, or any similar abuse of either;
3.2.5 falsify the true ownership of software or other material or information contained in a file made available via the Website; and/or
3.2.6 obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
4 What we will do
4.1 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website because of a failure, suspension or withdrawal of all or part of the Website for any reason.
4.2 We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any website partners wherever practical however we are not in a position to ensure the complete accuracy of information that can often change, such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the Website, such information, where capable of change, is confirmed with the applicable venue, facility or service provider.
5 What we can do
5.1 We can at any time:
5.1.1 modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
5.1.2 change these Terms. Your continued use of the Website (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website; and/or (has to be left?)
6 Website Partners
6.1 The Website is controlled and offered by us from Germany.
7 Limitation of liability
7.1 You agree that you use the Website entirely at your own risk.
7.2 The Website is provided on an “as is” basis for your information and personal use only. Unless specified in separate terms and conditions relating to a particular product or service, and to the extent permitted by law, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website including but not limited to, warranties of quality, fitness for a particular purpose, availability, non-infringement of third party rights, compatibility, security, accuracy, condition or completeness.
7.3 To the extent permitted by law, we shall not be liable for any damages whatsoever, including but without limitation to, damages for loss of use, data or profits, arising out of the use or performance of the Website, the provision of or failure to provide services, or for any information obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, or otherwise, without limitation.
7.4 Notwithstanding anything in the Terms Emrich Israel does not disclaim liability for death or personal injury, or for damages caused by willful misconduct.
7.5 Emrich Israel reserves the right to remove any information or material on the Website without warning, and without prejudice to any other accrued rights, and/or make available such information or material when required to do so by law or when requested to do so by regulatory bodies or law enforcement organisations.
8.1 You undertake to us that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.
8.2 You agree to indemnify Emrich Israel, its officers and employees in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website, and all the information and graphic representations or images on it (“Content”) are owned by, or licensed to, Emrich Israel. The copyright and all other intellectual property rights in the Content are the sole and exclusive property of Emrich Israel or its licensors unless states otherwise.
9.2 You may view the Website on your computer screen but you may not print its contents on your printer, or any other printer, for any use whatsoever.
9.3 Without our written consent, you may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
9.4 You warrant that it is legal for you to view this Website in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using the Content.
10 VIRUS PROTECTION AND COMPATIBILITY
10.1 While certain precautions have been taken to detect computer viruses and ensure security, we cannot guarantee that the Website is virus-free and secure.
10.2 Emrich Israel shall not be liable for any loss or damage which occurs as a result of any virus or breach of security. Emrich Israel does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.
12 Emrich Israel may restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you where:
12.1.1 there is a regulatory or statutory change limiting the ability to provide access to the Website;
12.1.2 there is any event beyond the reasonable control of Emrich Israel preventing Emrich Israel from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
12.1.3 Emrich Israel considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.
13.1 Unless otherwise specified, the Website is directed solely at those who access this Website from Israel. Those who choose to access the Website from locations outside of Israel are responsible for compliance with local laws if and to the extent local laws are applicable.
13.2 A failure or delay by Emrich Israel in enforcing compliance with these Terms shall not be a waiver of that right or of any other right set out in these Terms.
13.3 If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
13.4 These Terms constitute the entire agreement between you and Emrich Israel as to your use of the Website and shall supersede any prior agreement or representation in respect thereof.
13.5 Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given us or to us at the e-mail address displayed on the Website.
13.6 Israeli law governs these Terms.