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Terms and Conditions

Terms and Conditions ("Terms") Last updated: August 1st, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.elnatan-marcus.com/ website operated by My Company 'Elnatan Marcus' ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

DESCRIPTION 

Elnatan Marcus (“Elnatan Marcus”, “me”, "myself", "we", “us” or “our”) provides a platform via its website, messenger service and apps (the “Site”) to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display photographs and video (“Visual Content”) share comments, opinions and ideas, promote Visual Content collections, participate in contests and promotions, register for membership, events (“events”), workshops (“workshops”) and premium membership accounts (“Premium Accounts”), and license Visual Content to other users through our distributors (individually and collectively, the “Services”). The foregoing list of Services is not all-inclusive and additional Services may be offered by me from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

ACCEPTANCE OF TERMS

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

MODIFICATION OF TERMS

Elnatan Marcus reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, Elnatan Marcus will notify you by posting an announcement on the Site. What constitutes a material change will be determined at Elnatan Marcus’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.

In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. Elnatan Marcus reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Visual Content at any time at its sole discretion and without prior notice. Elnatan Marcus may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.

REGISTRATION

As a condition to using Services, you are required to open an account ("Become a Member") with Elnatan Marcus and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account. Any personal information that you provide to Elnatan Marcus is governed by the Elnatan Marcus Privacy Policy.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Elnatan Marcus Member account.

Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register for Premium Membership Accounts or license Visual Content through Elnatan Marcus, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display Visual Content containing nudity and violence that may be offensive to some.

The Services are for use by a) individuals who own Visual Content; b) entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries; and c) individuals and entities seeking to license Visual Content. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.

PURCHASES

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account. Any personal information that you provide to Elnatan Marcus is governed by the Elnatan Marcus Privacy Policy.

USER CONDUCT

All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the Member account holder from which such Communications originate and you acknowledge and agree that you, and not Elnatan Marcus, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through Elnatan Marcus's messenger service. Elnatan Marcus does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Elnatan Marcus. By way of example, and not as a limitation, you agree not to use the Services:

  1. To abuse, harass, threaten, impersonate or intimidate any person;

  2. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

  3. To communicate with Elnatan Marcus representatives or other users in an abusive or offensive manner;

  4. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;

  5. To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Elnatan Marcus user;

  6. To create or transmit unwanted ‘spam’ to any person or any URL;

  7. To create multiple accounts for the purpose of voting for or against users’ Visual Content;

  8. To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;

  9. With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

  10. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;

  11. To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

  12. To promote or sell Visual Content of another person unless you are expressly authorized to do so; or

  13. To sell, assign or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Elnatan Marcus at email: elnatan.marcus@gmail.com.

You are solely responsible for your interactions with other users of the Site, including any communications that you exchange through Elnatan Marcus's messenger/ blog service. Elnatan Marcus reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through Elnatan Marcus’s messenger service, based on any reports that Elnatan Marcus receives alleging the violation of these Terms through the use of Elnatan Marcus's messenger/blog service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.

If the Services or Site are used in a manner that violates the Terms in any way, Elnatan Marcus may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

VISUAL CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the Site. By submitting Visual Content to the Site, you are granting Elnatan Marcus a worldwide, non-exclusive license to use the Visual Content and license Visual Content through its distributors, and are representing and warranting to Elnatan Marcus that the Visual Content is either owned by you or you are authorized to represent or distribute the Visual Content, and that Elnatan Marcus is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of Elnatan Marcus’s agreement to allow you to use the Services, you acknowledge that:

  1. You acknowledge that:

    • Any Visual Content uploaded to your account must be photographed by you;

    • By posting Visual Content to the Site, you grant to Elnatan Marcus a non-exclusive or exclusive, transferable, fully paid, worldwide license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site, subject to the terms of any license granted by an authorized 500px distributor;

    • The license granted to Elnatan Marcus includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the required credits (i.e. username or collection name, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to Elnatan Marcus, subject to any credit requirements governing the licensing of Visual Content pursuant to the Contributor Agreement (notwithstanding the foregoing, no inadvertent failure to provide appropriate attribution shall be considered a breach of these Terms);

    • Elnatan Marcus and its distributors have the right to modify, alter and amend photo titles, descriptions, tags, metadata and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;

    • Elnatan Marcus uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Visual Content posted on the Site. Notwithstanding this, Elnatan Marcus makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. Elnatan Marcus does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize Elnatan Marcus to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and

    • Subject to the foregoing terms, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by you, unless reflected otherwise in a separate agreement with Elnatan Marcus.

  2. You represent and warrant that:

    • You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the Site;

    • You have the full and complete authority and right to enter into this agreement and to grant to Elnatan Marcus the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Elnatan Marcus of the Visual Content as contemplated herein;

    • You are not violating or breaching any agreement with any other party by submitting Visual Content to Elnatan Marcus; and

    • The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

  3. You do not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Elnatan Marcus, all of which such rights are hereby expressly and irrevocably waived by you in favor of Elnatan Marcus.

ON DEMAND AND AVAILABLE FOR HIRE PROJECTS

Elnatan Marcus also may provide you with the opportunity to work on photography projects for Elnatan Marcus clients and partners (“On Demand Projects”), which in addition to these Terms, are governed by any separate agreement that you enter into with Elnatan Marcus or our partners for On Demand Projects and the terms governing such Projects. You may also receive assignments directly from other users through your membership account interface (“Available for Hire Projects”), which are solely governed by any agreement that you enter into with respect to such Available for Hire Projects. Elnatan Marcus disclaims any and all liability or responsibility with respect to Available for Hire Projects.

COPYRIGHT COMPLAINTS

Elnatan Marcus respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. Elnatan Marcus will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Elnatan Marcus of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of elnatan.marcus@gmail.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Elnatan Marcus to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Elnatan Marcus with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at elnatan.marcus@gmail.com. You must include in your counter notice sufficient information to enable Elnatan Marcus to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.

Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement

Elnatan Marcus has registered an agent with the Israeli Copyright Office in accordance with the terms of the DMCA and avails itself of the protections under the DMCA. Elnatan Marcus reserves the right to remove any Content that allegedly infringes another person’s copyright. In appropriate circumstances, Elnatan Marcus will terminate the accounts of users who infringe copyright. Notices to Elnatan Marcus regarding any alleged copyright infringement should be directed to Elnatan Marcus via email at: elnatan.marcus@gmail.com.

Filing a DMCA Notice to Remove Copyright-Protected Content

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:

  • Your name, address, telephone number, and email address (if any);

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where on the Website the material that you claim is infringing may be found, sufficient for Elnatan Marcus to locate the material (e.g., the URL);

  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Elnatan Marcus, its agent, or the law and is not a fair use;

  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

  • Your electronic or physical signature.

Filing a DMCA Counter-Notice to Restore Content Removed from the Website

If you believe that your material has been removed by mistake or misidentification, please provide Elnatan Marcus with a written counter-notification containing the following information:

  • Your name, address, telephone number, and email address (if any);

  • A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;

  • A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the Israel, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and

  • Your electronic or physical signature.

LINKS

The Services may provide, or third parties may provide, links to other sites or resources. Because Elnatan Marcus has no control over such sites and resources, you acknowledge and agree that Elnatan Marcus is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Elnatan Marcus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Elnatan Marcus, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Elnatan Marcus, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services or Premium Accounts, by you or any person using your account or Elnatan Marcus Username and password, (iv) the licensing or use of your Visual Content, or (v) any violation of any rights of a third party. Elnatan Marcus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

TRADEMARKS

Elnatan Marcus, Elnatan-Marcus.com and other Elnatan Marcus graphics, logos, designs, page headers, button icons, scripts, and service names are trade dress of Elnatan Marcus. Elnatan Marcus’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Elnatan Marcus. The images and icons available in the Elnatan Marcus icon pack may be used by partners and third party sites in connection with providing appropriate links to the Elnatan Marcus Site so long as they are used in a manner that is consistent with Elnatan Marcus’s requirements.

TERMINATION

Elnatan Marcus may terminate or suspend any and all Services and/or your Elnatan Marcus member account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Elnatan Marcus account, you may simply discontinue using the Services (subject to termination provisions specific to Premium Accounts). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Visual Content from your account and/or Premium Account prior to termination. Upon termination of your account, Elnatan Marcus will automatically remove all Visual Content posted to your account.

WARRANTY DISCLAIMER

YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ELNATAN MARCUS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ELNATAN MARCUS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER ELNATAN MARCUS NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. 500PX SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ELNATAN MARCUS’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 50.00 ILS.

YOU AND ELNATAN MARCUS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ELNATAN MARCUSAND ALL PARTIES TO ANY SUCH PROCEEDING.

MISCELLANEOUS

The Terms shall be governed by and construed in accordance with the laws of Israel, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the Israeli Arbitration Association or of the International Center for Dispute Resolution to be held in one of the following jurisdictions : ISRAEL. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

Indemnification of Elnatan Marcus

You, agree to defend, indemnify and hold Elnatan Marcus, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. Elnatan Marcus reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.

Last updated: July 1st, 2019

If you have any questions about these Terms, please contact us.

elnatan.marcus@gmail.com  /  Tel. +972(0)53-220-8486