Web Widget | Web Widget |
By using the MyZmanim web widget (the "Service"), you ("You") accept and agree to be bound by these terms and conditions (the "Terms of Use").
1.1 Description of Service. The widget allows You to display zmanim information on your website, subject to the limitations and conditions described below. The widget is limited to allowing You to display zmanim information only, and does not provide You with the ability to access the underlying zmanim data, any services provided by MyZmanim in connection with its zmanim service (such as zmanim lookups), or any other MyZmanim service.
Subject to the limitations and conditions described below, You may use the widget to display zmanim times in conjunction with other information You provide to end users.
In order to obtain the widget, You must have a MyZmanim Account. After supplying MyZmanim with Your account information, the URL of your service, and agreeing to the Terms of Use, You will be issued a block of code assigned to You by MyZmanim that is uniquely associated with your MyZmanim Account and the URL of your service. Your service must import the MyZmanim widget using this code. MyZmanim shall have sole and complete control over the zmanim data and format.
1.2 Zmanim Data. The MyZmanim zmanim-listing accessible to you through the Service contains zmanim data. Your use of this zmanim data is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use, this zmanim data except as it is provided to you through the Service. MyZmanim reserves the sole right and discretion to determine whether your display of zmanim data through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to zmanim data at any time for any reason, without notice.
1.3 Modifications. MyZmanim reserves the right to release subsequent versions of the widget and to require You to obtain and use the most recent version. MyZmanim may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://www.myzmanim.com/widgetterms.htm. If a modification is unacceptable to You, You may cancel the Service by removing the widget from Your Site. If You continue to use the Service on any Site, You will be deemed to have accepted the modifications.
1.4 Prohibited Uses. You agree to use the Service only in a way that is legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using the Service, You will not:
PROPRIETARY RIGHTS
The zmanim-listings provided to You through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of MyZmanim. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree to maintain, and not to remove, modify, obscure or alter, any link or notices appearing on anything provided through the Service.
INDEMNITY
You agree to hold harmless and indemnify MyZmanim, and its employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of MyZmanim services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MyZmanim will provide You with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYZMANIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MYZMANIM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYZMANIM OR THROUGH OR FROM MYZMANIM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYZMANIM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.
Term and Termination.
6.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein.
6.2 Termination. MyZmanim may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time.
In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason. If You desire to terminate the Terms of Use, You must remove the Service from Your Site.
6.3 Rejection of Application. MyZmanim shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and MyZmanim. MyZmanim shall not be liable to You for damages of any sort resulting from its decision to reject such a request.
6.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all zmanim listings and MyZmanim Brand Features.
GENERAL INFORMATION
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.