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Site Terms of Use

 

 

Use of the CityPass website (hereinafter: the "Site") and the content displayed thereon and of any other media is subject to the terms of use defined and set forth in the Terms of Use below (hereinafter: the "Terms of Use").

 

The Terms of Use govern the relationship between CityPass Ltd. (hereinafter: "CityPass") and any person or other legal entity who makes use of the Site and/or who makes use of information available therein (hereinafter: the "User").

 

CityPass may, at its reasonable discretion and at any time, modify and/or update the Terms of Use without any requirement of advance notification. Modification of the Terms of Use shall be effective immediately upon publication on the Site.

 

 

Intellectual Property Rights

 

All intellectual property rights, including the copyrights, models, methods and trade secrets, whether registered or not, in the Site, in the data and/or the information posted therein, including (and without derogating): contents, services offered through the Site, design, and, with regard to any software programs, any  applications, computer code, graphic file, logo of the light rail, text and any other material included in the Site, whether in the external interface, in a source code or in an object code, are the sole property of CityPass or of third parties, as applicable, and are protected by the copyright laws of the State of Israel, international conventions and copyright laws of other countries.

 

It is prohibited to copy, reproduce, distribute, sell, market, modify, publish, transmit, display, perform, license, create derivative works of or reverse engineer, whether in whole or in part, whether temporarily or permanently, in any form whatsoever, any information from the Site, including trademarks (whether registered or not), pictures and texts, et cetera, without the prior written consent of CityPass. Furthermore, it is prohibited to use the Site in such manner that constitutes, or may constitute, a violation or impairment of CityPass' intellectual property, without CityPass' express prior written consent.

 

Without derogating from the aforesaid, the name 'CityPass', as well as the Site's domain name, the trademarks (whether registered or not), are all the sole property of CityPass. They may not be used without obtaining the prior written consent of CityPass. Furthermore, they may not be used other than for personal, non-commercial use, provided that such use is made in accordance with the law.

 

 

Content of the Site

 

CityPass and/or anyone on its behalf shall not bear any responsibility regarding the content on the Site. The substance, accuracy and reliability of the content and its impact on users, including on users' end computers and devices, or for any damage, discomfort, loss, aggravation as are caused to the user, to the user's property or to any third party, whether directly and/or indirectly, due to use of the content on this Site.

 

CityPass makes its utmost efforts to ensure that the information displayed on the Site is the fullest, most accurate information, but it is clarified that the Site may, in good faith,  contain inaccuracies or errors, including, but not limited to, changes in times and/or failure to meet schedules and/or the cancellation of a [light rail] line. Furthermore, and without derogating from the generality of the aforesaid, the ticketing information displayed on the relevant pages is pursuant to the instructions of the Ministry of Transport. In any event, CityPass and/or anyone on its behalf (including the operating contractor) shall not bear any responsibility whatsoever arising from such information or related thereto or for such damage and/or expense as are caused due to the aforesaid acts or omissions.

 

The availability of the information and services offered on the Site (including links to ticket purchase sites and/or payment making sites) is not perpetual, and is sometimes even subject to agreements between  CityPass and/or anyone on its behalf with third parties. Therefore, CityPass may, at its sole discretion, update and/or cancel and/or remove a specific application, service or content from the Site, from time to time, immediately and without advance warning and subject to applicable law, and the user shall have no claim and/or demand in connection therewith.

 

It may be that during use of the Site, CityPass may provide links and referrals to various sites and pages on the internet which are operated by third parties (hereinafter: "Other Sites"), where the user can, among other things, make payments and/or receive or purchase various products and/or services, including the purchase of tickets and/or the purchase or loading of a Rav Kav. Accessing such sites and internet pages, as well as any other action taken by the user in connection therewith, are at the sole responsibility of the user and the owners of the Other Sites, and the user shall not have, and hereby waives in advance any claim and/or demand due to loss, forfeiture or damage, direct and/or indirect, against CityPass and/or anyone on its behalf arising from reliance on and/or use of the content and/or information provided on such sites and/or as a result of the unavailability of the Other Sites for any reason whatsoever.

 

Without derogating from the generality of the aforesaid, it may be that on the sites and pages of the Other Sites the user may be asked to register, provide various details, et cetera. It is agreed that CityPass has no knowledge, control or responsibility regarding what is done on such sites. The provision of details and registration on such sites is not subject to CityPass' privacy policy but rather to the privacy policy of such Other Sites and to the provisions of any law.   

 

 

Privacy Policy

 

The user's use of the Site and/or the user's engagement with CityPass within the Site constitute agreement on the part of the user for CityPass to maintain and administer information about the user which the user has provided to CityPass or of any other information produced based on such information (the "Information"), and to the use thereof for the purpose of providing the services on the Site (including internet payments of increased fares); delivery of marketing materials (subject to applicable law); support and processing of applications and complaints, improvement of the services provided through the Site and any other action required in order to comply with the requirements of any law. Furthermore, CityPass may even collect information which does not identify you personally, this being for the purpose of analyzing trends and traffic patterns so as to manage the Site and to provide content customized to users' subjects of interest. You are under no obligation to provide such information, and provision of the information is done at your own free will and with your consent (however, if the information is not provided, we may decide not to offer you services on the Site).

 

CityPass shall not provide information about you to third parties, except in the following cases: (A) for the purpose of operating the Site – in which case, CityPass may use the services of certain  companies which provide information management services and information security services, external consultants (accountants, attorneys, et cetera) and clearing houses; (B) if it is required to do so at the demand of a competent authority or by a judicial order or under law; (C) in the course of a legal proceeding (whether the user is involved in such proceeding or not); (D) if CityPass organizes the Site's operation within another entity.    

 

 

Cookies

 

The site uses "cookies" for the purposes of, among other things, the Site's current and intact operation, the collection of statistical data regarding the use of the Site, the verification of information, the provision of personally customized content, and for information security purposes. Cookies are information components that are stored on the user's hard drive and contain information about the user. Modern browsers include the option to opt out of receiving cookies. You may check the help file of the browser you are using for ways to remove the cookies option. You may, of course, refuse to use cookies – but if you do so, while you may continue to use the Site, some parts or attributes of the Site may be limited for you.

 

 

Advertising Content

 

Any advertising content, information and tips published on the Site and/or on the Other Sites are at the sole responsibility of the advertisers. The content of the Site may not be deemed to be a recommendation or opinion of any sort whatsoever. Use of the advertising content is at the sole responsibility of the user.

 

CityPass may, but is not obligated to, send the users advertisements, updates, renewals, et cetera (together: "Marketing Materials") from time to time, by means of, among other ways, email messages or SMS, subject to obtaining the consent of the addressee pursuant to the provision of Section 30A of the Communications (Telecommunications and Broadcasting) Law, 5742-1982.

 

The user may at any time opt to stop receiving Marketing Materials from CityPass, at the user's choice.

 

 

Restriction of Use of the Site

 

Without derogating from the aforesaid, CityPass may preclude a user from making any use of the Site in any of the following cases:

1.       The user has committed an illegal act and/or has violated the provisions of law;

2.       The user is in breach of any of the terms of this Terms of Use;

3.       The user has committed an act or omission which is detrimental to CityPass and/or to anyone on its behalf and/or to any third party, including other users of the Site and/or to light rail passengers and/or to the intact operation of the Site.

 

 

Obligations of the User

 

Use of the site is subject to the following terms:

 

A.      The right to use the information, content and services located on the Site is granted for the personal and private use of the user alone. No commercial use may be made of all the above for any purposes of profit, and the user may not permit any use of such information and content to any third parties, whether for consideration or without consideration. 

B.      The user undertakes to use the Site, the information, the content, the services distributed or included thereon solely pursuant to the law and pursuant to the provisions of these Terms of Use.

C.       The user undertakes not to link to the Site and/or the Other Sites and/or undertakes not to use them and/or the information, content and services included on such sites for the purpose of the uploading, downloading, distribution, publication or transmission of: (1) information or other material in a manner which infringes on any rights whatsoever, including intellectual property rights, privacy protection rights and/or any other proprietary right; (2) information or other material which is prohibited for publication or use due to constituting a threat, injury, insult, slander, defamation, racism or improper content; (3) information or other material which contains a virus or other program which might sabotage the computer systems of CityPass and/or of any third parties whatsoever in such manner as might limit or prevent the use of the Site by others; or (4) information or other material which contains an advertisement of any kind whatsoever without prior written authorization by CityPass.

D.      The user undertakes not to make changes and/or interfere in any form whatsoever in the source code of the Site and/or of the Other Sites and/or the information and/or content included therein, and not to upload any programs and/or applications which might harm, or cause damage to, the Site and/or to CityPass and/or to any other third parties.

E.       The user agrees that, without prejudice to any other right of CityPass, in cases where CityPass has a concern that the user's use of the Site is inconsistent with the terms of service and/or any law, it may terminate the user's activity on the Site's services, including by blocking an IP address, tracing the user's use of the site, forwarding the user's behavior patterns to the relevant authorities and/or to third parties which demonstrate, to CityPass's satisfaction, that they are harmed by the user's violating activity, and any other action as CityPass sees fit in order to protect its property and/or its rights and/or the rights of third parties.

 

 

Miscellaneous

 

A.      CityPass and/or anyone on its behalf shall not be liable for, nor shall they bear, any indirect, consequential or special damage that is caused to the user and/or to any third party as a result of the use of the Site and/or reliance on the information and/or data appearing thereon or the purchase of a product or service on the Other Sites, including loss of income and/or prevention of profit caused for any reason whatsoever.

 

B.      Any disputes, claims and suits in connection with the Site, including, but not limited to, in connection with the content and services/products found or offered thereon, shall be heard under the laws of the State of Israel, without regard to principles of conflict of laws. The sole venue for any matter pertaining to these Terms of Use and to the use of the Site is in the competent courts in the city of Tel Aviv Yafo, and the parties explicitly reject the jurisdiction of any other court in this regard.

C.       If a provision in these Terms of Use is held by the court to be illegal and/or invalid, then this shall not invalidate the remainder of the provisions of these Terms of Use and/or the remaining parts of the provision which has been invalidated and/or restricted by the court, which have not been invalidated or restricted.

 

D.      Any delay by CityPass in the exercise of a right that it is due, or any failure by it to enforce a right under these Terms of Use or under law, shall be deemed as  beyond the letter of the law and shall not in any manner be used, nor deemed, as a waiver by CityPass of such right.