Welcome to the FaceToZion Web Site, which is owned and operated by Face to Zion Ltd. ("FaceToZion", "we", "us", or "our"),
and is located at: facetozion.com (the "Web Site").
FacetoZion offers participation in a virtual mosaic map of the 12 tribes of Israel
displayed on the Web Site (“Mosaic”), as well as use of other services, which
may be made available through the Web Site (collectively the "Services").
1. GENERAL AND ACCEPTANCE
between FaceToZion and you (“you”).
BY ACCESSING THE WEB SITE AND/OR USING THE SERVICES YOU AGREE TO BE BOUND BY THE
facetozion.com/PrivacyPolicy.aspx. IF YOU DO NOT AGREE TO BE BOUND BY
FaceToZion reserves the right at its sole discretion, to replace or revise, the
Web Site. Your use of the Web Site and Services after the date, on which such new
By accessing the Web Site, (i) you represent that you are 18 years or older; and
(ii) you agree to be responsible for all of your use of the Web Site and/or the
Services, including without limitation, use by any minors living with you. You may
access the Web Site if you are at least 13 years of age and less than 18 years of
age, and your parent or legal guardian has (i) consented to your use of the Web
Site and the Services, and to your provision of personal information in connection
Although this Web Site may be accessible worldwide, any purchase of any service
made in connection with this Web Site, which is performed and/or executed from the
territory of Israel, is prohibited; and you hereby represent that when you perform
a purchase in connection with this Web Site, you are located outside Israel. Those
who choose to purchase any service made in connection with this Web Site from the
territory of Israel do so on their own initiative and are responsible for compliance
with local laws, including taxation.
2. PURCHASE AND UPLOAD OF IMAGES TO THE MOSAIC
The purchase of one or more packages (“Package(s)”) from the Web Site entitles
you to participate in the Mosaic by uploading the number of images (“Images”)
specified in the Package(s) to the Web Site, and to use your FaceToZion password
in order to access the Mosaic through the Web Site and see and/or change the Images
displayed on virtual tiles in the Mosaic.
FaceToZion, in its sole discretion and subject to any resolution that will be determined
by the board of directors of FaceToZion from time to time, and without any obligation
or a prior written consent from you, would donate certain amount of its profits
for public purposes and/or the establishment of a monument for the commemoration
of the 12 tribes of Israel.
If a Package is purchased as a gift, FaceToZion will send an e-card to the email
address you provide, with instructions for redeeming the gift by uploading Images
to the Web Site. You may include a personal message with the e-card. FaceToZion
has no responsibility for failure to deliver the e-card if the email address provided
Uploaded Images must be in .jpg, .gif, .png, .bmp or tif format and no larger than
3mb, or in other formats and sizes specified by FaceToZion from time to time. FaceToZion
shall be entitled to crop and/or shrink Images and/or files or require that you
do so. Images may not contain any coding, embedded links, or animations of any kind.
Any Images found to contain such functions will be deleted.
FaceToZion shall have the right to modify, colorize and/or crop Images for the purpose
of arranging them within the Mosaic in a manner that is consistent with the nature
of the Mosaic.
For Gift Packages, all Images must be uploaded within thirty (30) days of purchase
of a Package, after which time the rights revert and FaceToZion may upload its own
FaceToZion reserves the right to decline your participation and/or to remove any
Image(s), and/or comments it deems necessary for any reason at any time.
Notwithstanding the provision of any other express or implied term or condition
for any reason.
3. END-USER CONTENT
YOU ARE RESPONSIBLE FOR ALL IMAGES AND OTHER CONTENT (“END-USER CONTENT”)
THAT YOU UPLOAD, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE WEB SITE AND/OR THE
FACETOZION EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH END-USER
CONTENT. WITHOUT DEROGATING FROM THE FOREGOING, AND WITHOUT THEREBY INCURRING ANY
OBLIGATION TO EXPLAIN ITS ACTIONS, FACETOZION RESERVES THE RIGHT TO REJECT, MODIFY
OR DELETE ANY END-USER CONTENT THAT FACETOZION DEEMS, IN ITS SOLE DISCRETION, DOES
FOR ANY REASON.
ALL END-USER CONTENT ON THE WEB SITE IS THE SOLE RESPONSIBILITY OF THE END USER
WHO UPLOADS THAT CONTENT. FACETOZION DOES NOT GUARANTEE THE ACCURACY, INTEGRITY
OR QUALITY OF END-USER CONTENT OR THAT ITS USE DOES NOT INFRINGE THIRD PARTY RIGHTS.
4. END-USER REPRESENTATIONS AND WARRANTIES
By accessing the Web Site and/or using the Services, you hereby represent and warrant
I. All End-User Content that you upload will comply with the policies and procedures
II. You own all proprietary rights, including copyright, in and to the End-User
Content with full power to grant FaceToZion the rights contemplated in the Terms
of Use, and to the extent that the End-User Content relates to or contains images
of persons (including without limitation minors) or identifiable material, objects,
or properties, you represent and warrant that you have obtained valid permission
and/or authorization and/or consent and/or license, according to the applicable
laws and regulations (“Permission”), from all required third parties, that
the information provided on the Web Site, including, but not limited to commercial
uses by FaceToZion or others, and that you will be able to provide a proof of such
Permission to FaceToZion if requested to do so.
III. The End-User Content r (i) does not infringe any copyright, trademark, right
of privacy or right of publicity or other proprietary right of any third party,
or defame or cast into disrepute in any manner any third party, and is not unlawful,
obscene, , threatening, pornographic, harassing, hateful, sexist, racially or ethnically
offensive, or encourage conduct that would be considered a criminal offense, give
rise to civil liability, violate any law, encourage use of drugs or alcohol, or
is otherwise inappropriate; (ii) contain advertisements or solicitations of business:
(iv) relate to a person under the age of 18 unless consent from a parent or legal
guardian has been obtained as required by applicable laws.
IV. You hereby release, discharge and fully indemnify FaceToZion, its employees,
agents, licensees, successors and assigns from any and all claims, demands or causes
of actions that may arise against FaceToZion for libel, defamation, invasion of
privacy or right of publicity, infringement of copyright or trademark, or violation
of any other right arising out of or relating to your use of the Services, including
use by gift recipients and third parties of Packages you purchase for their use.
V. You agree not to reproduce, republish, upload, post, transmit, make available
to the public, or otherwise distribute, the Mosaic and/or Materials (as defined
below), or any part or any modification or derivative work thereof. Your modification
and/or use of the Mosaic and/or the Materials for any purpose, including without
limitations the use of Materials on any other web site or networked computer environment
is strictly prohibited, and will be deemed a violation of FaceToZion and/or its
licensors’ copyright and other proprietary (including intellectual property) rights.
You will alert FaceToZion immediately upon becoming aware of any misuse or threatened
misuse of the Services by any person.
5. GRANT OF PERMISSION
You hereby grant FaceToZion a royalty-free, irrevocable, sub-licensable, perpetual,
non-exclusive, worldwide right to use, including without limitation, copy, modify,
edit, translate, distribute, redistribute, sublicense, publish, republish, upload,
post, transmit, make available to the public, broadcast, create derivative works
of, and/or otherwise use, and/or display the End-User Content, in whole or as part
of other works in any and all form, media, or technology whether now known or that
may be introduced in the future (i) through the Web Site; or (ii) in works in public
display; (iii) through other means owned or operated by FaceToZion or its affiliates
from time to time; or (iv) in promotional settings; without territorial or time
limitations, in any manner, including without limitation, for commercial use or
FaceToZion’s own business purposes relating to the promotion of the Web Site and/or
the Services, without any restriction or responsibilities to you, and to sublicense
such rights through multiple tiers of sub-licensees. Such license extends to use
for any lawful purpose, without limitation.
6. INTELLECTUAL PROPERTY
I. All rights, including title and copyright, in and to End-User Content is retained
by you and/or your licensor, and no title or copyright is transferred or granted
II. Everything located on or in the Web Site, including without limitation, the
Mosaic, and all information, content (excluding End-User Content) and/or material
posted on the Web Site (collectively “Materials”), is the exclusive property
of FaceToZion, or is being used with permission from FaceToZion’s licensors. FaceToZion
(or its licensors as applicable) retain all rights, title and interest in and to
the Materials, and all intellectual property rights relating thereto, including
without limitations all copyright, patent, trademarks, logos, design rights and
any other proprietary rights.
III. You acknowledge that FaceToZion prohibits any End-User Content or any other
material that infringes on any patent, trademark, copyright, trade secret, right
to privacy, right to publicity, or any other applicable law or proprietary right
to be uploaded to the Web Site.
FaceToZion’s name and logo, and any other trademarks included in the Web Site are
trademarks of FaceToZion. All 3rd party product names that may legitimately appear
on the Web Site are trademarks of their respective owners. No transfer or grant
of any rights under any names, marks or logos is made or is to be implied by any
such names, marks or logos is reserved to FaceToZion and their respective owners.
THE WEB SITE, MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, FACETOZION DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS
FOR A PARTICULAR PURPOSE.
FACETOZION DOES NOT REPRESENTS OR WARRANT THAT THE WEB SITE AND SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. ACCESSING
THE WEBSITE AND USE OF THE SERVICES IS AT YOUR RISK.
FACETOZION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING
ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM,
DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON
THE WEB SITE AND/OR THE SERVICES AND/OR ANY OF THE MATERIALS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. AVAILABILITY OF THE WEB SITE
Web Site access may be interrupted, suspended or terminated from time to time due
to circumstances either within or beyond FaceToZion’s control.
10. RIGHT TO SHUT DOWN OR LIMIT ACCESS
FaceToZion reserves the right, in its sole discretion, at any time and for any reason,
to (i) limit or revoke your access to the Web Site including without limitation,
Images and/or any other End-User Content from the Mosaic and/or from the Web Site;
and/or (iii) remove any part or all of the Mosaic from the Web Site, whether temporarily
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WHATSOEVER WILL FACETOZION OR ANY OF ITS AFFILIATES, DIRECTORS,
OFFICERS OR EMPLOYEES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BE RESPONSIBLE
OR LIABLE TO YOU OR TO ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT,
INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES),
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER
WHATSOEVER TO (I) YOUR USE OF OR INABILITY TO USE THE WEB SITE AND/OR THE SERVICES,
OR (II) RELIANCE ON ANY OF THE MATERIALS, OR (III) ANY ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, SECURITY BREACHES, OR (IV) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED
BY THE WEB SITE OR (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF END-USER CONTENT,
OR (VI) ANY OTHER FAILURE TO PERFORM BY FACETOZION OR BY ANY PARTY ON ITS BEHALF.
IF YOU ARE DISSATISFIED WITH THE WEB SITE, THE SERVICES, OR THE MATERIALS, OR WITH
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. IN SUCH JURISDICTIONS, FACETOZION'S LIABILITY IS LIMITED AND WARRANTIES
ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold FaceToZion and anyone acting on its behalf,
including but not limited to, affiliates, owners, officers, employees, agents and
licensees of End-User Content (collectively, the “FaceToZion Parties”) harmless
from all losses costsand damages (including, but not limited to, direct, incidental,
consequential, exemplary, indirect damages and reasonable attorneys’ fees, expert
fees’ and other reasonable costs of litigation) incurred to any FaceToZion Party
as a result of, or in connection with, or in any manner related to (i) your failure
provision of End-User Content under your name by any person, whether or not authorized
by you; (iii) any claim of a Gift Recipient in connection with a Gift from you,
which was sent through the Web Site; (iv) any claim threatened or asserted to the
extent such claim is based upon a contention that End-User Content infringes any
copyrights, trade secrets, trademarks, right of privacy or publicity, or other intellectual
property rights of any third party, or any law.
13. LINKING TO THE WEB SITE
Unless you have a written agreement or a specific consent in effect with FaceToZion
which states otherwise, links to the Web Site may be provided only in the following
manner: (a) links must not suggest or otherwise create the false appearance that
FaceToZion is affiliated with any person or entity, or that FaceToZion otherwise
endorses, sponsors or is affiliated with any product or service; (b) the appearance,
position and other aspects of any link to the Web Site may not be such as to damage
or dilute the goodwill associated with FaceToZion’s name and trademarks; (c) all
links to the Web Site must "point" to the domain " FaceToZion.com " and not
to other pages within the Web Site; (d) all links to the Web Site, when activated
by a user, must not display the Web Site within a "frame" on the linking web site,
or any other web Site. Without limiting any of the above, FaceToZion reserves the
right to terminate any agreement or revoke its specific consent to the providing
of any link to the Web Site, at any time in its sole discretion.
14. THIRD PARTY’S CONTENT
To the extent that the Web Site contains links or any other information to outside
services and resources, FaceToZion does not control the availability and content
of those outside services and resources. Any concerns regarding any such service
or resource, or any link thereto, should be directed to such particular service
or resource provider.
15. USER CONDUCT
You agree to use the Web Site and Services only for lawful purposes. You agree not
to take any action that might compromise the security of the Web Site, render the
Web Site inaccessible to others or otherwise cause damage to the Web Site or its
Materials. You agree not to add to, subtract from, or otherwise modify the Web Site
Materials, or to attempt to access any Web Site Materials that are not intended
for you. You agree not to use the Web Site in any manner that might interfere with
the rights of third parties.
of the state of Israel, and submitted to the exclusive jurisdiction of the Tel-Aviv
the provision shall be deemed to be severable from the remainder of the Terms of
Use and shall not cause their invalidity or unenforceability. This is the entire
agreement between you and FaceToZion with regards to the subject matter herein.
not operate or be construed as a waiver of any other breach or of a subsequent breach
of the same or a different kind.