1. General

The Israel Precious Stones and Diamonds Exchange (hereinafter: “the Exchange” and/or “the company”) bestows you with right of access to the website which is run and managed by the company, to enable you to receive information about the operation of the Israeli gem industry in general and the exchange in particular. The website is designated for the public at large – however, some of the online services and contents are designated for subscribers – solely exchange members. Use of the company website as well as sites and links based on this site, is subject to the following conditions of use. Please read the conditions carefully and ensure you have understood them, since every time you use the site, is testimony to your consent to the entire contents of the conditions of use. Solely for convenience sake, the conditions of use are phrased in the masculine gender and naturally relate to both genders.

These conditions apply to use of the exchange site and contents it contains using any computer or other communication device (i.e. mobile phone, tablet etc.). Furthermore, they apply to use of the website on the internet or any other communications medium.

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2. Rights and conditions of use of the website

In these conditions, the term “content” or “contents” includes information of every type and kind, including any verbal, visual, audio, audio-visual content or any combination of the above and their design, processing, editing, distribution and display. This includes (but not exclusively): any picture, photograph, logo, illustration, animation, chart, character, simulation or sample, video clip, audio clip; all software, files, computer codes, applications, formats, protocols, database and interface, as well as any character, sign, symbol or icon.

All the website content is the property of the exchange and may not be copied and/or used in any other way and/or may not be placed at the disposal of others unless express written permission has been provided.

Do not download any content from the site without receiving express permission and clear marking which enables downloading from the website to another computer.

Do not operate or permit the operation of any computer application or other means, including robot, crawler or similar software, to automatically search, scan, copy or retrieve contents from the exchange website. This includes generation and use of said means for creating a collection, review or base that contains exchange website contents.

Do not display website contents in any way – including by use of any software, device, instrument or communication protocol – that modify their design on the site or remove any of their content.

Do not link to the exchange website from any site containing illegal content or content whose publication is illegal or encourages illegal actions.

Do not link to contents on the exchange website that are not the home page (“deep link”) and do not display or publish said contents in any other way unless the deep link is with the entire exchange website page (as is) so it may be viewed and used in a way which is completely identical with the use and viewing on the exchange website. In this regard, it is forbidden to link exchange website contents disconnected from the entire page on which they appear (e.g. do not link a picture or graphic file on the exchange website directly, only to the entire page on which it appears). Furthermore, the precise address of the exchange website page must appear in the regular designated place on the user interface, e.g. on the user’s browser status bar. Do not modify, change or hide this address and do not replace it with any other address. The exchange may instruct you to cancel and said deep link at its sole discretion. In this case you will immediately cancel the deep link and you shall have no complaint, demand or claim towards the exchange regarding this matter.

The exchange will not bear any liability for any damage which shall be sustained due to any link to exchange website contents and any display or publication of said contents in any other way. You shall have full and complete liability for any link, display or publication of contents which you made, and undertake to indemnify the exchange for any damage which may be caused as a result thereof.

Do not embed video clips from the exchange website without receiving the prior written permission of the exchange. The exchange reserves the right to refuse permission to embed video clips and/or change the link to the clip without having to provide prior notification and you will not have any complaint, claim and/or demand towards the exchange for said changes and/or malfunctions which shall occur due to their execution.

 

3. Contents published by website users

The exchange website contains content which was uploaded by registered users who purchased a subscription for extended use of the site. These contents are published in designated locations, e.g. personal space, and other services that enable registered users to upload contents onto the site – separately, in the space which is solely designated for registered users’ contents or together with company contents. The exchange does not bear any liability for contents which are published on registered users’ personal spaces and exclusive liability therefor and any consequence emanating therefrom applies to the user who published them. These contents are not verified by the exchange and publication does not guarantee their validity, reliability, precision or legality.

The exchange may refuse to publish, or may delete immediately, any content sent for publication at any time, at its sole discretion.

 

4. Copyrights and other rights

Intellectual property right, including copyrights, to the website, information and content, including website design, computer code, text and any other content included in it fully belong to the exchange or third party. Any content and/or information on the website is protected by possession of the exchange, by copyright, trademark and/or intellectual property right belonging to any exchange member in the members’ personal space. Content or information on the website that does not belong to the company may be protected by third party rights and its display on the site does not constitute permission to use it without permission. The above also applies to any use of protected pictures, content or registered trademarks or any name or symbol and they may not be downloaded or used in any other way.

Display of any character, logo, caption, picture or symbol and/or exchange trademarks does not constitute permission for any third party to use them. Any use of the above symbols is forbidden and the company will take action to enforce its legal rights.

Trademarks and advertisements placed on the website by advertisers are the property of these advertisers alone. They may not be used without prior written consent from the advertiser.

Please note, violation of copyrights or use of exchange symbols without permission may elicit civil action without prior notice, and sometimes also constitute criminal acts.

 

5. Clarifications

The company will take acceptable measures to protect and safeguard the information and contents located in the personal area on the website accessed using a password or any other supervised manner determined by the company. The exchange is free to use any idea, concept, content and information in communication uploaded onto the website, including in the personal zone, without any obligation on its part.

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6. Restrictions

The exchange invests reasonable efforts to ensuring precise and updated content on its website. However, this content may not be relied on for any commercial transaction or other use with financial or economic significance without first verifying the precision correctness of the content with another external source and/or the person who uploaded the material.

Due to gaps in updating, modifications uploaded by the company and/or exchange members in personal zones, computer malfunctions and human error, contents and data may be imprecise or not up to date and therefore the exchange cannot guarantee or be responsible for precision and update of the content and anyone relying on website content and data does so at his own risk.

Users are hereby warned computer viruses may attack the website and the user must apply protection from virus invasion of his computer. The company is not responsible for content erased from the site and will not bear responsibility for backup of contents and information and recommends users generate backup of all their online content.

The exchange cannot ensure website services are not interrupted, will be provided properly without interruption, safely and without errors, and are protected from unpermitted access to company computers or damages, failures, malfunctions or faults in hardware, software, communication lines and systems belonging to the exchange, exchange members, any of its suppliers and/or anyone acting on its behalf.

The website may contain links to other websites and online pages and services not operated by the company or anyone acting on its behalf but by other parties. The links allow you to locate contents published on the internet. The exchange has no control or supervision over other websites and use of these websites is subject to their conditions of use, regulations and other conditions and instructions, if any, posted on them. Therefore, should you choose to click links on the website and use other sites you are requested to read the regulations, conditions of use and other conditions in them and fulfill their instructions. Appearance of the link on the exchange website does not attest to the exchange agreement with their content and does not constitute guarantee of their reliability, update, legality, actions of the content owners regarding privacy and any other aspect relating to their operation. The exchange is not responsible for the contents to which the links lead and is not liable for any consequence caused by use or reliance on them.

The exchange does not undertake links on the exchange website are in good condition and will lead you to an active website. The exchange may remove links previously placed on the website or refrain from adding new links – at is exclusive discretion.

The order in which websites appear on the index of websites relating to the business does not attest to their quality or importance. The content of websites and essence change frequently therefore the description of the site on the index may not be complete, precise or up to date.

Services offered on the site do not include obligation for provision of any support by the company. The company will attempt to assist users with technical issues referred to it by e-mail, but cannot guarantee it.

 

7. Limited liability and subrogation

Use of the exchange website is at your sole and complete discretion.

Under no circumstance will the company and/or anyone acting on its behalf bear any liability for direct or indirect damage, loss, incidental damage, special or resultant and/or damage of any other type or kind including, without derogating from the generality of the above, damages for the use of the website, errors and/or imprecision in information included on the site, loss of use, loss of data or profits or related in any way to use or performance of the website, delay in use or inability to use the website, supply or lack of supply of services or any information, software, product, service and accompanying graphics obtained via the website and/or in any other way emanating from use of the website, based on agreement or torts, compete responsibility and/or any other cause, even if the company or anyone acting on its behalf has been informed of possible damage.

The exchange does not guarantee the truth of details of the online advertisers and/or business profile and/or inventory data displayed on the site by exchange members and/or anyone acting on their behalf and is not obliged to inspect details published in said manner in any form.

 

8. Privacy policy publication

The exchange respects your privacy on the exchange website. The updated website privacy policy may be found at this address at all times. It constitutes an integral part of these conditions of use. Since privacy policy may change from time to time, you should read the website privacy policy every once in a while.

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9. Advertising content

The exchange website contains commercial contents, e.g. advertisements and banners which were submitted for publication by different advertisers or users wishing to place property or services up for sale. Said contents may be in the form or text, pictures or audio.

The exchange will bear no liability for commercial contents published on the website. The exchange does not write, check, ensure or edit the content of these publications or verify their accuracy. Sole responsibility for commercial contents and any consequence caused by use of them or reliance upon them applies to the advertisers. Advertising commercial contents on the exchange website does not constitute any recommendation or encouragement to purchase the services, properties or products which are offered for sale.

Any transaction made following commercial contents which are advertised on the exchange website will be finalized directly between you and the relevant advertiser. The exchange is not party to any such transaction and will not be liable for the services and goods offered in commercial contents on the exchange website or purchased through them.

 

10. Arbitration and jurisdiction

The laws of the State of Israel solely apply to this agreement. However, international law alternative rules which are determined therein shall not apply. Any dispute between the parties, including a dispute relating to use of the website or the conditions herein including in respect of services provided by the website operator or regarding these conditions of use will be brought before the exchange arbitration institution.

The arbitrators shall be entitled to provide issue temporary remedies and interim orders. Arbitration will take place in the company’s Ramat Gan offices. The arbitrators will not be confined to civil code and rules of evidence.

Notwithstanding the aforementioned, if any of the parties to this agreement is sued by a third party in any legal proceeding, the defendant shall nevertheless, be entitled to join the second party to the agreement as a party to the judicial process and in such case the arbitration agreement shall not apply.

The authorized court according to provisions of the Arbitration Law 5738 – 1968, will be a court having jurisdiction in the city of Tel Aviv.

This paragraph constitutes an arbitration agreement between the parties for all intents and purposes.

Subject to, and without derogating from the above, on any issue that is outside the arbitrator’s authority or any matter in which this arbitration agreement does not apply, for any reason, the authorized court in the Tel Aviv district shall have sole jurisdiction.

 

11. Modification of conditions of use

The exchange shall be entitled to modify the conditions of use from time to time, at its full discretion.

The company shall be entitled to cease all or part of the website operation and use at any time, including links to other websites, without prior notice. The exchange shall be entitled without prior notice, to refuse to allow access to the website or part thereof to any user, at is sole discretion. The exchange may change the structure of the website from time to time, including its appearance, contents, extent and availability of services provided in it and any other aspect included therein, all without having to provide prior notice. Naturally such modifications may involve failures and/or involve inconvenience at first. The user shall bear no complaint, claim and/or demands towards the exchange regarding said changes and/or errors which may occur due thereto.
Registration of website subscribers depends on completion of the registration process and payment of any subscription fees which shall be determined – all as appearing in this agreement. The website operator may for any reason and at its sole discretion, reject whomsoever wishing to register as a subscriber of the site.

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