Dear users!

Please thoroughly read the terms of use of the website and the privacy statement, which constitute an agreement between both of us, before browsing the website or making any use of its services. The terms of use and the privacy statement will be referred to below as the "Terms of Use".

Important information!

The use of the website's services or part thereof (including browsing, registering to receive newsletters and purchasing tickets through the website) shall constitute your consent to the Terms of Use.

If you do not agree to the Terms of Use or part thereof, do not browse the website and do not use its services in any other way.

A breach of the Terms of Use by the User and/or breach of any of the undertakings specified in the Terms of Use may result in the blocking of access to the website, in addition to any other right available to the Museum of Tolerance under any law.

The aforesaid constitutes an integral part of the Terms of Use.

Introduction

1. Swc Museum Corp. (Private) (CC) Company Number 560036659 ("MOTJ"), develops and operates the website. The website is located and operates under a domain name owned by MOTJ under https://motj.org.il, or any sub-domain name (the "Website"). MOTJ also operates content environments on other platforms, such as: Facebook, Instagram and YouTube (the "Content Environments"), and all of the provisions of these Terms of Use shall apply in the same way to the use of such Content Environments and any content that shall be presented therein.
   
   
2. The provisions above and below apply to each female and male user of the Website, and use of the masculine gender is for convenience purposes only.
   
   
3. Chapter headings in the Terms of Use are for convenience only and should not be deemed as binding or assisting in interpretation.
   
   
4. The Terms of Use apply to any use made of the Website, either through the Internet or in any other way. The Terms of Use also apply to the use of the Website in any form whatsoever by means of computers or any other device, including cellular phones, PDAs, etc.
   
   
5. These Terms of Use apply to any content displayed on the Website, even if it is displayed via a deep link from another domain.
   
   
6. MOTJ reserves the right to amend and/or derogate from and/or add conditions to the Terms of Use as well as block or limit, without prior notice, access to the Website at any time. You are required to check, from time to time, the Website, the legal notices that appear thereon and the other additional conditions, since they are binding on you.
   
   
7. MOTJ shall be entitled to determine that the use of services on the Website or part thereof is subject to payment, as indicated in the body of the Website next to each paid service. Various conditions regarding payment, which may appear next to such service, also constitute an integral part of these Terms of Use.
   
   
8. In addition to the definitions appearing elsewhere in the Terms of Use, the following definitions shall apply:
   1. "User"/"Users": any person browsing the Website, for payment or free of charge, either with or without the approval of the Person in Charge of the User.
   2. The "Person in Charge": the parents or guardian of a User who is a minor or legally incompetent.
   3. "Content" or "Contents": any and all information of any kind, including any message, verbal, visual, audio, audio-visual content, as well as any combination thereof, as well as their design, processing, editing, distribution and method of presentation, including (but not limited to): any image, photograph, illustration, animation, diagram, figure, simulation, sample, video, sound file and music file, software, file, computer code, application, format, protocol, database and interface and any character, sign, symbol and icon.
      
      

General conditions and rights in the Content

9. Unless explicitly stated otherwise, any and all copyrights and any and all other intellectual property rights in all materials, Contents and information on the Website (including, inter alia, the name of the Website, photographs, illustrations, symbols, etc.) are the exclusive property of MOTJ or whoever granted a license thereto to use such materials. The provision of access to or use of the Website does not grant or transfer to the User or any third party a right of ownership, use, intellectual property right or any other rights; It is hereby clarified that any and all rights and ownership of this Website, its materials and Contents included therein, in all various aspects related to the Website are the exclusive property of MOTJ and/or anyone on its behalf. The Website is protected by copyright laws and by any law. In the event that you breach these Terms of Use or the conditions that appear on the Website, the authorization given to you to use the Website shall immediately expire. All rights are reserved to MOTJ.
   
   
10. MOTJ and/or the entities associated therewith, as the case may be, shall be entitled to make use of the aforesaid software and Content and information at their sole and free discretion, at any place and in any manner, without any restriction, and without having to obtain any approval or pay any consideration, including sell, transfer, copy, modify, use, display and perform publicly and grant sub-licenses in the above Content or part thereof, subject to the provisions of any law.
    
    
11. A User who finds that Content and/or information and/or a link uploaded to the Website violates his rights, shall notify MOTJ of the violation by contacting info@motj.org.il. The User's notice shall include accurate details of the User – full name, postal address, e-mail address and telephone number, in a manner that will make it possible to identify and contact him.
    
    
12. MOTJ shall be entitled, at its sole discretion, at any time and without prior notice, to adjust and/or suspend and/or cease and/or change and/or limit the services of the Website, the information contained therein, the Contents of the Website – in whole or in part – including access authorizations, availability of activities and services, various Contents, hours of operation, Content, and software and/or equipment required for accessing the Website and its services. MOTJ reserves its right to limit certain activities and/or access to all or part of the Website's services, with respect to a specific User or in general. In any event, MOTJ shall bear no liability for any damage as a result of the aforesaid, even if it anticipated or could have anticipated such damage.
    
    
13. MOTJ may modify and/or amend and/or derogate from and/or add conditions to the Terms of Use or part thereof at any time, at its sole discretion and without the need for prior notice. The modified and/or amended Terms of Use will be posted on the Website and be binding from the moment they are posted.
    
    
14. MOTJ may offer, at its sole discretion, special activities and Contents subject to special or different conditions that will be brought to the attention of the Users or some of them. It is hereby clarified that participation in the activities and/or exposure to such special Contents shall be deemed as consent to the special conditions, which will be specified insofar as possible shortly before each such special activity.
    
    
    

Representations and undertakings of the Users

15. The User of the Website represents and undertakes as follows: 
    15.1.  He is over 18 years of age and is authorized to engage in this agreement, and if he is under 18 or is legally incompetent, his engagement in this agreement is done with the consent of the Person in Charge, and in the case of a corporation, it is duly incorporated. 
    15.2.  He and all Users on his behalf shall fully comply with these Terms of Use and/or the provisions of any law and/or the instructions of MOTJ, when using the Website, and the User shall be responsible for the use of the Website by any User on his behalf. 
    15.3.  Any information he will provide to MOTJ or any other party for purposes of registration and/or purchase and/or as required anywhere on the Website, including credit card data, and any information posted and uploaded by him, shall be true, accurate, consistent with reality and not misleading. 
    15.4.  He shall be liable for any damage caused to the User and/or any third party as a result of reliance on the Contents presented on and/or through the Website, and he is aware that MOTJ shall not be liable for any direct and/or indirect damage, financial or otherwise, that will be incurred by Users and/or third parties as a result of use of the Website and/or reliance on the Content that appears thereon. The provisions of this section shall apply also if MOTJ and/or anyone on its behalf anticipated or could have anticipated the damage in advance. 
    15.5.  He is aware that the personal details provided by him, if any, will be stored on a Database, as specified in the privacy policy below and subject to the provisions of any law. 
    15.6. He is aware that MOTJ does not provide any equipment and/or infrastructure necessary for accessing the Internet and for receiving the Website's services, including telephony equipment, modems and Internet access software. 
    15.7.  Not to copy and/or "download" and/or distribute and/or sell and/or trade and/or modify and/or process and/or publicly display and/or use the Website and/or its Content in whole or in part, unless he receives the explicit permission of MOTJ in advance and in writing. The User represents that he is aware that MOTJ may be obligated to pay third parties for his breach of this section, and he undertakes to indemnify and/or compensate it without delay for any amount that MOTJ will be required to pay to such third party, including for actual trial costs and legal fees incurred by MOTJ as a result. The User further agrees in advance that in the event of a breach of this section by him, MOTJ shall be entitled to receive identifying information about him from any Internet provider and any other party. 
    15.8.  Without derogating from the provisions of Section 19.7, any "download" and/or copy and/or any other use, insofar as approved by MOTJ, shall be made by adding that it was done with the approval of MOTJ and that all rights are reserved to MOTJ. 
    15.9. Not to use the Website's services and/or the Content appearing thereon not within the context of the Website and/or according to these Terms of Use and/or according to law and not to use the Website's services for profit or commercial purposes. 
    15.10.  Compensate and/or indemnify immediately upon the first demand of MOTJ and/or any party whose contents are included on the Website, as well as any licensee and/or holder of other rights in the Website, for any damage caused to them due to a breach of the Terms of Use. If a legal claim and/or any other proceeding is filed against MOTJ in connection with the breach by a User of the Terms of Use, MOTJ reserves its right to conduct the defense itself in the proceedings that will be instituted against it, and the User undertakes to cooperate with MOTJ in any such legal proceeding. 
    
    
    

Receipt of newsletter service

16. Any User over the age of 18 (including companies and corporations) shall be entitled to register for the service of receiving newsletters (mailing) from MOTJ – mailing that shall be sent from time to time by MOTJ and that will include information, updates and various publications regarding the events, exhibitions and special projects of MOTJ (the "Service"). Joining the Service is free of charge.
    
    
17. A User who joins the Service assumes all of these Terms of Use and undertakes to act in accordance therewith.
    
    
18. By registering for the Service from MOTJ's Website, the User gives his consent to these Terms of Use, including the use of his details and their inclusion in a database as specified herein.
    
    
19. By joining the mailing service from MOTJ's Website, the User agrees that MOTJ shall be entitled, subject to any law, to transfer his details to other entities for purposes of adjusting and improving the terms of Service, and on the condition that the third party to which the details will be transferred will not use them over and above what is permitted by law, will maintain their confidentiality and will not transfer them to any other entity without the consent of MOTJ and that the privacy of the Users will not be invaded. The User agrees to the aforesaid use of the information and confirms that use thereof shall neither be considered an invasion of the User's privacy nor entitle him to any remedy and/or compensation. The User may cancel such consent by giving a written notice thereof to info@motj.org.il. In the event of cancellation of the User's consent as aforesaid, MOTJ may, at its discretion, cancel the registration to the Service.
    
    
20. Any User of the Service shall be entitled to cancel his registration to the Service at any time, by clicking on the "remove" link that appears in each of the newsletters sent by MOTJ.
    
    
21. MOTJ may not approve the joining of a person to the mailing service, at its discretion and without having the duty to give reasons for its refusal.
    
    
22. The User of the Service shall be responsible for reporting to MOTJ of changes to his personal details, in order to enable continuous and proper contact with him. MOTJ shall not be responsible for non-receipt of the Service due to failure to update the User's personal details.
    
    
23. MOTJ may decide, at any time, to stop the Service.
    
    
    

Purchase of tickets via the Website

24. The Website offers the option for online purchasing of tickets for exhibitions and/or events at MOTJ. It is clarified that the sale of the products is not done by MOTJ, but rather by "Eventbrite" (the "Ticket Company") and that it bears responsibility for anything related to the operation of the sales system on the Website (intake of orders, clearing, billing, shipping and anything associated therewith). A User who chooses to purchase tickets online will be subject, in addition to these Terms of Use, to the regulations of the Ticket Company and be asked to confirm his agreement to the regulations of the Ticket Company when making the purchase.
    
    
25. Ticket purchases by the User shall be made possible on the Website, provided that the User is 18 years of age. These purchases will involve providing details as required in order to make the purchase. For the avoidance of doubt, all of the details that the User will be required to provide when booking the ticket will be sent directly to the Ticket Company, and MOTJ bears no responsibility for the use of such data by the Ticket Company. The User is aware and he agrees that the privacy statement of MOTJ posted on the Website does not apply to the Ticket Company and that it is possible that the Ticket Company may use the details transferred thereto, not in accordance with the privacy statement of MOTJ.
    
    
26. The User undertakes to fully and accurately provide, when booking a ticket, any and all details required therefor. Without derogating from any other remedy available to MOTJ under this agreement or according to any law for providing inaccurate and/or incomplete details, should the User provide incomplete and/or inaccurate details, MOTJ will not be responsible for any fault in the booking of the tickets and/or delivery thereof to the User.
    
    
27. In case of cancellation of a purchase by the User up to one day before the date of the event, the User will be entitled to a refund.
    
    
28. In the case of cancellation of a purchase by the User on the day of the event, MOTJ will not be obligated to return any amount collected thereby, and refunds will be made in exceptional cases only, and at the sole discretion of MOTJ.
    
    
    

MOTJ's policy regarding the Content and dates of events, collection of tickets and entry into events

29. With respect to events that are free of charge:
    29.1.MOTJ allows to pre-order only 2 tickets per person.
    29.2.The pre-ordered tickets will be kept for the customer at MOTJ's box office, until 20 minutes before the commencement of the event. If the customer fails to collect the tickets until 20 minutes before commencement of the event, the tickets will be returned to the box office.
    
    
30. With respect to paid events:
    30.1.The reserved seats will not be reserved for the customer after commencement of the event.
    
    
31. With respect to all of the events (whether free of charge or for payment):
    31.1.Entry to the event will not be made possible after 20 minutes to the start of the event. Notwithstanding the provisions of this section, the event manager may decide in specific cases, at his sole discretion, that entry to the event will not be possible also immediately after commencement of the event and in other specific cases, to allow entry to the event also after 20 minutes from commencement of the event.
    31.2. MOTJ reserves the right to make changes to its Contents of any kind at any time (including Content, date, time, location, performance duration, artists and/or actors appearing, etc.) without prior notice to the User and without the User being entitled to any compensation or remedy, other than refund of payment for the tickets upon the fulfillment of one or more of the following conditions:
    31.2.1. The date of the event has changed or the event has been cancelled. 
    31.2.2. The starting time of the event has changed by more than 30 minutes. 
    31.2.3. A central character among the participants of the event has been replaced. 
    
    
32. Further to the provisions of this agreement, the conditions detailed on the Website regarding a specific event shall apply to ticket purchases. 
    
    
33. MOTJ reserves the right to decide when and in what way and/or means (telephone sale only, sale on the Website only, sale at direct box offices at the MOTJ building only), or a combination thereof, the tickets for a particular event will be sold. 
    
    
34.  

Limitation of liability 

34. The Website services are provided AS IS. MOTJ does not undertake and will not be liable to the Website Users regarding the quality of the Services and/or the Content on the Website and/or the availability of the Services therein. For the avoidance of doubt, it is hereby represented that MOTJ takes measures to secure the Website and preserve the privacy of the Users, in accordance with the Website's privacy statement as shall be posted on the Website from time to time, but shall not be liable for any breach, malfunction or other defect in security, whatever the reason, and the use of the Website and its Services is done at the sole responsibility of the Users. 
    
    
35. The User is aware that part of the Services on the Website will be provided by other parties on behalf of MOTJ. Insofar as stated on the Website, MOTJ will not bear any responsibility for the activity of such other parties. 
    
    
36. Without derogating from the provisions of these Terms of Use, MOTJ shall not be held responsible for the Content that will be posted on the Website and/or with respect to the Services and/or products and/or deals offered by third parties, including the content of advertisements, coupons and commercial information of any kind that appear on the Website, if any, or for any outcome and/or damage due to their publication and/or reliance thereon and/or use thereof. Anyone who engages with any party following publications made on the Website, does so at his own responsibility, and MOTJ shall bear no liability therefor, even if it was or should have been aware of the expected damage and/or outcome as mentioned. 
    
    
37. Posting advertisements and/or coupons and/or promotions on the Website does not constitute a recommendation or encouragement on the part of MOTJ to purchase the services and/or products offered therein, and the terms and conditions of any transaction carried out following an ad, coupon, promotion or any other information posted on the Website, will be agreed upon directly between the Users and the advertiser and/or vendor concerned and at their sole responsibility. It is clarified that MOTJ has not checked the Contents posted by the third party on the Website, and is not responsible for the information therein. For the avoidance of doubt, MOTJ neither is nor will be a party to any such transaction. The Users and subscribers hereby fully and irrevocably waive any claim and/or lawsuit against MOTJ with respect to such information, advertisements and Content. 
    
    
38. The Website may contain links to other websites, Israeli or foreign ("Other Websites"). MOTJ is not responsible for such websites, their content or the services offered thereon. MOTJ is not responsible for the services in Other Websites and/or for any damage caused thereby, including harm to the User's feelings. MOTJ is not responsible for the services and/or products that are purchased and/or may be purchased on Other Websites and/or for the security of the information and/or the manner in which the User's information is used on Other Websites. The links to the Other Websites on MOTJ's Website do not constitute a recommendation to visit any of them, unless specifically stated so. MOTJ represents that no measures have been taken on its behalf to check the veracity or reliability of the content contained in the above Other Websites, or the services and/or products offered through such websites, or their suitability to such or other Users. MOTJ recommends carefully checking any Other Website before browsing it and/or taking part in the activities offered therein, and in any case – whoever enters another website through a link from the Website does so at his own responsibility. 
    
    
39. MOTJ shall bear no responsibility for interruptions, faults, response times, viruses or any other factor that may interfere with or damage the Website's Services and/or cause any damage to the Website's Users. 
    
    
40. MOTJ shall bear no liability for damage caused to the computer system and/or infrastructures of the User and/or subscriber, loss of information, or any other damage resulting from use of the Website, including due to the downloading of information and/or software through the Website's Services.

    
    
    

Breach of this agreement 

41. Without derogating from any other remedy available to MOTJ under this agreement and/or under any law, MOTJ shall be entitled to take any action in order to prevent the breach of the agreement and/or a repeated breach of the agreement, including blocking and/or disconnecting of a User and/or restricting access to the Website and/or any other action that will prevent a breach of the agreement and/or mitigate damage caused by a breach that has already been committed. 
    
    
42. In the case of a breach of the terms and conditions of this agreement, the User waives his rights under the Protection of Privacy Law and/or under any relevant law whose purpose is to protect his privacy and hereby agrees in advance that MOTJ shall be entitled to receive his details from any source, including from internet providers. 
    
    
43. The User shall compensate and/or indemnify MOTJ and/or anyone on its behalf for any damage they will incur due to the breach of the Terms of Use. 
    
    

Miscellaneous 

44. MOTJ only shall be entitled to assign, endorse, transfer or pledge its rights (including its right to receive payment from the Users) and/or its undertakings under these Terms of Use, including the privacy statement, in whole or in part, to any third party of its choice, without requiring the User's prior approval or notification and provided that the User's rights are not impaired. 
    
    
45. The Israeli law only shall govern the Terms of Use and any dispute arising from or related to the use of the Website and/or the Content appearing thereon, and jurisdiction on any matter related thereto and/or arising therefrom lies with the competent court of the State of Israel, in the Jerusalem district only. 
    
    
46. The Terms of Use, which as mentioned constitute a binding agreement between MOTJ and the User, exhaust the agreements between the parties and replace any representation and/or undertaking and/or agreement previously given in writing and/or orally by any of the parties. No waiver, discount, avoidance or delay by MOTJ in exercising its rights under this agreement shall be construed as a waiver or restraint unless made in writing. 
    
    
47. The Services and products offered on the Website are offered to any User under the same terms and conditions. The Terms of Use may appear on the Website translated into other languages. A translation of these Terms of Use that appears on the Website is made in order to correctly reflect the meaning of the provisions of these Terms of Use, but in any case of discrepancy between the Terms of Use in Hebrew and their translation into another language, the Hebrew version shall prevail. 
    
    
48. MOTJ shall be entitled to send various notices to a User and/or subscriber in one of the following ways: 
    48.1.  Via a notice in the general information window on the Website. 
    48.2.  Via e-mail to the e-mail address of the User as provided by him. 
    
    
49. Any User may send notices to MOTJ via e-mail at: info@motj.org.il. All notices sent to the Website will be deemed to have been received on the next business day after the date on which they are actually received. In the case of notices sent through the Website, these will be deemed as having been delivered at the time the Website Services were first used after the notice was sent. 

Website privacy statement 

This privacy statement together with the Terms of Use of the Website constitute an agreement between the User and MOTJ, and therefore – the privacy statement and the Terms of Use must be read carefully before browsing the Website. 

1. MOTJ, the developer and operator of the Website, attaches great importance to preserving the privacy of the Users of the Website and does its best to protect the same. 
   
   
2. "Personal information" means any information through which the User can reasonably be identified and/or information that is protected according to the Protection of Privacy Law. 
   
   
3. Provision of any information by a User of the Website is not mandatory and is not a prerequisite for browsing and using most of the Services on the Website, but certain details will be required in order to receive certain Services, as shall be defined by MOTJ from time to time, in order to protect the rights of MOTJ and enable the provision of these Services, as well as for joining the subscriber club of MOTJ. If you do not wish to provide these details, do not use such service. 
   
   
4. Information about a User will not appear on the Website other than with the User's consent. 
   
   
5. The information and personal data provided by the User of the Website will be stored in a registered database, owned by MOTJ, named "MOTJ's Subscriber Database" and numbered ___________ (the "Database").
   The User represents that the delivery of the information by him and his consent to this privacy policy also constitutes consent to the storage of the information in the Database. 

   The User represents and confirms that any information he entered and/or that is collected on him on the Website, which he did not ask to remove, is information he gave to MOTJ voluntarily and with his consent. The User has no legal obligation to provide the information and it depends on his free will and consent. 

   The use of the information collected and stored on the Database will be done only in accordance with this privacy policy and/or according to the provisions of any law, for the following purposes: delivery of updates about what is new at MOTJ (direct mailing); statistical analysis of subscriber preferences and service optimization; streamlining ticket sales; 

   The User may request to be deleted from the mailing list and/or the Database subject to the provisions of any law, by clicking on the "remove" link that appears in each of the newsletters. In the event of such request to be deleted, MOTJ may, at its discretion, cancel the User's registration for the Service of MOTJ, including removing him from the subscribers' club. 

   The personal information will not be given to any party, but it or part of it will actually be held by external suppliers of the database owner who are given access to the Database for the technical and ongoing management of the Database and the subscribers' club. 

   If MOTJ wishes to share the User's information with any entity, in a manner that deviates from the aforesaid, it will contact the User beforehand and give him the opportunity to remove his information from the Database, unless the User has already given his consent to such use earlier. 

6. MOTJ is not responsible for the privacy protection rules and policies of Other Websites, which links thereto appear on the Website. Users must check the privacy protection rules and policies of Other Websites themselves, and any information provided by Users to such Other Websites is provided at their full and sole responsibility. 
   
   
7. MOTJ offers a service for receiving newsletters, updates and various Content by e–mail or through text messages or other means of communication that you have provided to MOTJ (mailing). Users who are interested in joining this service in order to receive information, updates or various publications from MOTJ, will be able to provide identifying details (first name, last name and e–mail) and express their consent thereto through a subscription form. A User may at any time revoke his consent and stop receiving updates by contacting info@motj.org.il. 
   
   
8. According to the Protection of Privacy Law, each person is entitled to review the information about him held in a database. A person who reviewed the information about him and found that it is not complete, clear or updated, may contact the database owner with a request to correct or delete the information. Such application can be made to MOTJ at info@motj.org.il. 
   
   
9. For internal purposes only, we collect the date, time, browser type, operating system type, IP address of the Website visitors, the page address on which the visit was made and the referring page address. This information is kept for purposes of system management, balancing the load on the website server, generating statistical reports and locating user details in cases of preservation of human life. The IP addresses are not linked to personal details on the servers of MOTJ. 
   
   
10. The default of most browsers allows receiving Cookies. You can reconfigure your browser such that it refuses to accept Cookies or set it to indicate when a Cookie is sent to your computer. Please note: some of the apps on the Website will not work properly on a computer that is blocked from receiving Cookies, and MOTJ shall bear no responsibility therefor. 
    
    
11. Please note – MOTJ may work with third parties who are responsible for some of the advertisements on the Website. Cookies may be sent to you from time to time from the advertisers of MOTJ. MOTJ does not control these Cookies. The delivery of Cookies by third parties is also common practice in the Internet industry, and MOTJ shall bear no responsibility for the delivery of Cookies by its advertisers and/or by third parties.