Welcome to Neshama.
Users may create and publish content on the site, with several of its services provided for a fee. Please note that the site does not provide the content, and cannot therefore be responsible for content uploaded by other users. In addition, the site shall not be liable for any damage caused by using the services provided or their unavailability. However, the site operates a system for reporting offensive content, as specified herein.
1.Registration and Eligibility: Upon signing up for the site's services, users declare they have acknowledged and accepted these terms, and agreed to be obligated to them. In order to use the site's services, users must create a user account ("account") to be used in distribution or reading of content, according to the terms of this agreement. Users are required to maintain the security of their accounts, as specified herein.
1.2. Verifying the service: upon registering for the service, the site shall verify your identity through various verification services, and may, at its sole discretion, require additional means of identification.
1.2.1. Verification of email address: the site shall verify your email address by sending an electronic notification to the address provided. This notification may contain information or a link to verification of your identity as the owner of the email address.
1.2.2. Verification through social network: users may also optionally register through a social network. In this case, the site may verify your identity via your social network account details; in this case you shall be asked to allow access to your social network account.
1.2.3. Account security: the nature of this site and its services involves sensitive and private information, exposure of which may entail potential risk. You are therefore required to supply a password for your account. Please note that we recommend the use of complex passwords comprised of numbers, letters, and symbols (e.g. "cot714rle" or "6usrh$@V&K%" – but don't use these) and also recommend to refrain from sharing your username and password with any third party. The site does not encourage the use of password management software for storage of your account details.
1.2.4. Notification of security breach: you are required to notify the site immediately if you believe that your account has been hacked or you become aware of any unauthorized use of your account.
The site provides users with the option of using the following services ("services"), some of which are free of charge and others for a fee, and may add or detract from the services provided at its sole discretion. Please note that the site maintains full discretion as to the platforms on which these services are provided, and they may not be available on all platforms. Also, certain services may only be provided for a fee or otherwise restricted to certain criteria, according to their nature. The following is a list of services provided:
2.1. Search for deceased: the site may allow you to search for deceased individuals according to criteria determined on a timely basis;
2.2. Viewing of virtual gravestones;
2.3. Lighting of a virtual memorial candle;
2.4. Writing memories: the site may allow you to write your memories on the deceased's memorial page;
2.5. Define relationships and links between deceased individuals: the site may allow you to define your relation to the deceased individuals, or to link between two or more deceased individuals;
2.6. Reminders: the site may enable you to receive reminders on certain dates that you define;
2.7. Add eulogy: the site may allow you to add a eulogy to the deceased's memorial page, in accordance with the service selected;
2.8. Sharing images: the site may allow you to share and publish images or to restrict the uploading of images for a fee, based on the services selected;
2.9. Addition of search words: the site may allow you to add information to a deceased individual's memorial page in order to facilitate search results;
2.10. Add links to presentations and songs: the site may allow you to add information to a deceased's memorial page in the form of links to other websites;
2.11. Self-memorial: the site may provide self-memorial services;
2.12. Third party services: the site may refer you to the services of a third party (e.g. restoration or maintenance of gravesite, production of films), with these services provided by that third party for which the site shall not be liable, as specified in this agreement;
2.13. Use of services: use of any service provided by the site shall be carried out in good faith, while refraining from stalking, disrespect, or any other form of harassment of users and/or offensive use of the site;
3. Content Policy:
By publishing content or adding textual or image content and by using the site's services, you accept our user content policy as outlined in this agreement. You hereby recognize that any breach of user content policy on your part may lead to the termination of services provided to you, removal of the content created and legal proceedings by the site and/or any users offended or compromised by your failure to comply with these terms. For the purposes of this policy, the term "user content" shall include: a. images and text; b. photos taken from third party servers; c. description, text, or information processed through the service; d. any content created by the site as part of its services;
3.1. What kind of content may I publish? The site is designated for family members, friends, and acquaintances, and honors the deceased, and does therefore not allow publication of defamatory or offensive content. When using these services, you declare that the content you have uploaded or created ("content") is not offensive or in breach of the rights of any other users, third parties, and/or does not constitute advertisement. All these shall constitute, individually and collectively, prohibited content (herein: "prohibited content"), including:
3.1.1. Intellectual property: your content is not an infringement of the intellectual property rights of any third party, including copyrights, trademarks, patents, commercial secrets, or any other intellectual property rights;
3.1.2. Privacy: your content does not compromise the privacy of others, and, where involving minors, is subject to parental/guardian consent;
3.1.3. Pornography: your content shall not contain any pornographic text, image, or allusion, including nudity, vulgarities, sexual activity, sexual allusions, sexually offensive comments, or obscenity.
3.1.4. Libel: The content is not libelous and does not cause damage to the good name of others;
3.1.5.Offensive and/or racist content: the content does not contain any expression of hate, offense, or racism;
3.1.6. Content shall maintain the dignity of the deceased and shall not imply any negative opinions regarding the deceased or any other users;
3.1.7. Use of site for commercial and/or advertising purposes is prohibited: the site and its content may not by any means be used for the purpose of advertisement or promotion of other individuals or services, including the addition of links to promotional or other materials within the content, or adding your own or any third party advertisement, without the site's written and express consent. Please note that the addition of any prohibited content on or through the site is a breach of one or more of the terms herein, and may lead to sanctions including fines and/or legal proceedings on the part of the site. If you believe that any content on the site is offensive or constitutes a breach of one or more of the terms specified herein, you may report this to a site representative by use of the "report" or "contact" buttons, and report the offensive content so that the site may remove it immediately, in accordance with the terms of this agreement.
3.2. How does the site use your content? The site allows other users to view content you have uploaded.
Copyright licensing: by using this site, you provide the site with irrevocable, permanent, unrestricted, royalty-free, non-exclusive permission to use your content and allow other users to use your content through its services and/or third party services, including the creation of derivative content, re-publication, distribution, creation of three dimensional art, or any other activity;
3.4. Responsibility for content: By submitting any photo, information or any related content (collectively, "Content") to the Website, you hereby represent and warrant that you are the owner of the submitted Content and your submission of such Content does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to the Website herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances.
You acknowledge and agree that you will not be entitled to any compensation or any other financial consideration in connection with your submission of any Content, and/or the use by the Website or other end users or any other third party of the Content at any time. The Website shall have no obligation to post, display or otherwise make publicly available any Content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any Content that you submit to the Website.
3.5. Who else has access to this content? The site allows other users to view the content on the page where it was published;
3.6. How do I manage the content? You may remove the content you have uploaded at any time, according to the services selected;
3.7. For how long is the content stored? The content is stored for a reasonable duration, which shall be no less than a year from its publication or, if you have subscribed to the services, until the end of your subscription period. However, the site may, at its sole discretion and for its purposes, remove the content or terminate its publication for any reason or lack thereof, including failure to pay subscription fees.
3.8. Third party content: The site may, at its sole discretion and for its purposes, to present links to third party websites, advertisements and links to applications. The site is not responsible for the quality of this content and does not promote them. The site shall not be liable for any third party content, its legality or lack thereof, or its quality;
3.9. How can I report offensive content? In order to protect your rights, your content, and the rights of any third party, the site applies a procedure of notification and removal of offensive content as follows:
3.9.1. Filtering: It is hereby clarified that the site does not have the means of screening and filtering all content uploading by users, but shall have the right (but not the obligation) to do so, or to refuse to publish any user content uploaded through its services. The site is entitled to remove any content which is in breach of these terms or the legality of which is dubious.
3.9.2. Disclosure of information: It is hereby clarified that the site may store user content and may disclose it if required to do so by law, or if, in good faith and at its discretion, determines that the disclosure is required for: a. compliance with legal proceedings; b. the enforcement of this agreement; c. response to third party claims with regard to breach of rights; d. protection of rights, property or security of the site, its users and/or the public. It is hereby clarified that the processing of electronic material may lead to its transfer on various networks, and it may undergo changes which may distort it.
3.10. Notification of Removal: The site respects your right and the rights of any third party, and shall therefore obey any legal instruction related to the protection of those rights. Should you discover that to the best of your knowledge, any user content is in breach of your rights, your reputation or your intellectual property, you may submit a complaint to the site representative by pressing the "contact" button/link at the head of any page. The representative shall process your complaint and transfer it, if applicable, to the user who has published the offensive comment, for his/her response. If your complaint shall be discovered as falsely submitted, harassing or intended for the prevention of legal use of information, you shall be liable for compensation of the site and the user offended.
All complaints must contain: 1. A written declaration regarding the essence of the user content you believe is in breach of your rights, and proof that you possess these rights; 2. The precise URL of the offensive content; 3. A declaration of your belief that the use of the content is not fair use, criticism, consumer protest, or any other protected form of expression.
4. Reimbursement: You are required to reimburse the site for any damage, loss, expense, including legal fees or expenses arising as a result of: (1) your advertising in breach of user content policy, including false representation; (2) any complaint, claim, or information transferred maliciously or negligently against any user where you had no right to do so; (3) Any proceedings against the site or its users for infringement of copyright, infringement of trademark, breach of patent or any other negative use that is contradictory to user content policy as specified in this agreement;
5.1. What kind of private information is stored? The site may store personal identifying information you provide, including your full name, your address, your telephone number, your cellular phone number, your email address, and any other information provided when registering for the service, such as your IP address. The site uses this information in order to provide you with services, and may use it to improve service and test additional features.
5.2. What type of non-private information is stored? The site may store non-identifying information which may be used to provide services, such as your approximate geographical location, your operating system version, your application version, and other information that does not identify you individually and specifically, and was provided while using the service.
5.3. How may the site contact you? The site may contact you periodically with newsletters and offers; however, you may choose to refuse to receive any additional information at any time;
5.4. Who else has access to my information? Other than the employees and service providers of this site, who have signed strict and explicit non-disclosure agreements, the site may provide access to other users with whom you are in contact through the service. Beyond this, if the site is required to provide information to an authorized law enforcement entity, it shall do so subject to a judicial warrant or any other legal requirement.
5.6. How do you secure my information? The site uses professional security services in order to maintain the integrity and security of the information stored. These services include periodical tests and backups. However, the site is not responsible for breaches of security that may occur and are not under its control.
5.7. How may I view the information stored about me? You may ask to view the information stored via written request to the site's email address via the "contact" button at the head of any page on the site.
5.8. How can I close my account? You may ask to close your account at any time, by written request to the site's email address via the "contact" button at the head of any page on the site.
6. Payment: The site may charge fees for added value services, according to its payment policy as updated on a periodic basis and subject to your consent. The site may charge fees for its services, for the storage or publication of information, for maintenance of images and/or content, for the promotion or any other use of content. Registration for a subscription shall be charged with a monthly fee until the user terminates the subscription by notifying the site.
7. Disclaimer: The site shall under no circumstances by liable for any direct or indirect, physical or other damage caused to you, any other user, or any third party as a result of failure to comply with this agreement. The site provides its services on an as-is basis, and shall not be responsible, to the extent permitted by law, for any case of negligence, wrongdoing, criminal negligence, malice or any other incident, damage to or loss of property, including damaged cause to you, the remainder of your use of the service, intellectual property, personal or business reputation, user account details including username and password, loss of profit, loss of good name, all resulting from use or failure to use the services. In cases where the limit of liability is prohibited by law, the site's liability for each incident of damage shall be limited to $10 only for direct damage.
8. Guarantee: The site does not guarantee the quality of services and provides them on an as-is and as-available basis. Use of these services is at your sole responsibility, and the site does not guarantee that: 1. They shall meet your requirements; 2. The services shall be provided consistently, securely, and free of error; 3. The results achieved from these services shall be accurate or reliable; 4. The quality of services, products, information or any other material purchased through these services shall meet with your requirements; or 5. Any fault shall be repaired. Moreover, you hereby acknowledge that the service is in its beta version and under development, and as such may contain faults.
9. Support: In accordance with the preliminary stages of development of the site, support is provided through "contact" and via the site's email address, during regular business hours, at the address email@example.com.
10. Termination of Services: The site shall be entitled to terminate its service and/or your use of its services at any time, subject to 30 days' advance notification. However, in case of breach of these terms resulting in irreversible damage to the site, the site may terminate your use of its service immediately and without advance notice.
11. Delegation of Rights: The site may delegate its privileges and obligations under this agreement in any case of change of ownership or sale of ownership of services to any third party.
12. Amendment to these Terms: The site may change these terms on a periodic basis, provided that users are notified electronically about these changes and you have the option to terminate your engagement with the site within thirty days of this notification.
13. Jurisdiction: The applicable law to these terms shall be Israeli law alone, and any dispute or conflict arising from this agreement shall be brought before the authorized courts in Tel Aviv. You are hereby obligated not to initiate any class action against the site, and claim your damages only via individual claims.
(last updated: August 18, 2013)
The primary service provided by this website is an online memorial page based on information collected from graves and memorial sites throughout Israel and the world. Some of the services provided on this site are free of charge; others require a fee. As part of this site, you may create content regarding your deceased loved ones, or use the services provided such as search for deceased, viewing virtual graves, lighting a virtual candle, writing memories, linking between deceased individuals, creating reminders, adding eulogies, sharing images and adding search words. In order to use these services, you are required to register to the site and create a user account. The site may offer added value services for a fee, based on your consent.
Publication of content
You may upload a variety of content types to memorial pages, such as:
• Images and texts;
• Photos, clips, and songs taken directly from third party servers;
• Descriptions, texts, and information processed by the service provided by the site
• Links within the site;
The site may add and contribute to your content.
Users may not publish any content that is defamatory or offensive, or that is in breach or infringement of the rights of any other user or third party, including privacy and intellectual property rights.
Users are also prohibited from making any commercial use of the site, including uploading any commercial or advertising material without prior consent form the site. If you encounter any content that is offensive to you or your loved ones, you may notify the site by using the "report" button adjacent to the content, or by contacting the site administration via the "contact" button at the head of any page. The site shall proceed to remove the offensive content (as detailed in item 3.10 in the full agreement).
Responsibility for content on site
The site shall not be liable for any damage caused to you or any other party as a result of a breach of any term in the agreement. In addition, you hereby acknowledge that the service is in its beta stage and under development, and therefore may suffer from occasional faults.
The site may collect identifying and non-identifying information about you, in order to provide services, and expose these data to third parties for the purpose of providing services.