Terms and Conditions of Use

Please read these terms of use carefully before using this site, as they affect your legal rights and obligations including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us.

Please note: these terms of use contain a class action waiver. The waiver affects how disputes with the Congregation Beth Elohim are resolved. By accepting these terms of use, you agree to be bound by the waiver. Please read it carefully.

1. Acceptance

By visiting and using the Congregation Beth Elohim (“CBE,” “we,” or “our”) website or affiliated websites, listed in Appendix A below, our presence on social media (including Facebook, Twitter, Pinterest, Flickr, YouTube, LinkedIn, and Instagram), and any domains and online presences acquired in the future (collectively referred to as the “Site”), you agree, without limitation or qualification, to be bound by these terms and conditions of use (“Terms of Use”), and CBE Privacy Statement (“Privacy Statement”). If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use this Site.

CBE may revise these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing this Site for any reason.

2. Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from CBE’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with CBE. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of CBE or its licensors.

Content on all other sites may be downloaded or printed for personal use only. Written permission is required for any other use.

The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to CBE and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

3. User Submissions

The personal information you submit to CBE is governed by CBE’s Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), CBE does not claim ownership of any information or material a User provides to CBE or posts, uploads, input, submits, or transmits to this Site (“Submission”). CBE is not responsible for the accuracy of the content of anything posted as a Submission other than posts signed by members of CBE staff in their official, professional capacities. You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of CBE, exposes CBE or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by CBE. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—CBE a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, CBE is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. CBE is not responsible for the consequences of any Submission. CBE is not responsible for screening or monitoring Submissions made to this Site by Users. If notified by a User of a Submission allegedly in violation of these Terms of Use, CBE may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. CBE will have no liability or responsibility to Users for performance or nonperformance of such activities.

CBE reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a User’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor; edit for grammar, punctuation, style and editorial flow; or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use. We occasionally will return a Submission to its author to suggest changes, omissions, and/or additions that our editing team deems necessary to strengthen the post such that it may become appropriate for publishing on our blog(s).

4. Comments on Site Content

CBE encourages comments on its blogs, websites, and social media sites (“Comments”). We review all Comments before they’re posted and will not publish those Comments that are off-topic, promote a commercial product, or veer outside of the boundaries established herein. We expect the Comments to adhere to a basic level of civility, allowing for mutually respectful disagreements.

By posting any Comments on any CBE Site, you give CBE the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your Comment for any purpose in any form and on any media. You also agree that you will not: post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights; post material that is illegal, obscene, sexually explicit, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by CBE in its sole discretion; post advertisements, solicitations of business, or political endorsements; post chain letters or pyramid schemes; impersonate another person; or post the same note more than once or”spam.”

CBE reserves the right but is under no obligation to do any or all of the following: remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms of Use; terminate a User’s access to any Site feature upon any breach of these Terms of Use; or edit or delete any communications posted on any Site feature, regardless of whether such communications violate these standards.

CBE has the absolute right to monitor and edit or remove any activity or Content, for any reason. CBE reserves the right to ban visitors who post unacceptable Comments or Content from posting Comments in the future. Comments posted are not the opinion of CBE, and CBE takes no responsibility and assumes no liability for any comments posted by you or any third party.

The Congregation Beth Elohim reserves the right to terminate the commenting feature at any time, with or without advanced notice.

5. Liability of CBE and Its Licensors and Partners

The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. CBE may make changes or improvements at any time.

THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CBE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CBE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CBE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

CBE ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY CBE, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

6. Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device or computer. You agree to accept responsibility for all activities that occur under your account or password. CBE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

7. Contact with Third Parties and Third Party Websites

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). CBE does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. CBE is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that CBE shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate CBE’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to Users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. CBE makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

8. Indemnity

You agree to defend, indemnify, and hold CBE, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use or arising out of a claim by a third party relating to the Comments or any material you have posted on the Site.

9. Modification or Suspension of the Site

You agree that CBE may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

10. General

CBE makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of CBE and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

11. Applicable Laws

These Terms of Use are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and CBE hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of New York, New York for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12. Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CBE HEREBY EXPRESSLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and CBE agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

13. Waiver of Jury Trial; Remedies

You hereby acknowledge and agree that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues and, therefore, you irrevocably and unconditionally waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement or the transactions contemplated hereby. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.

14. Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting CBE (address identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
  2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
  3. Your name, address, telephone number, and (if available) email address;
  4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address and contact information for copyright issues relating to this website is as follows:
Congregation Beth Elohim
274 Garfield Place, Brooklyn, NY 11215

communications@cbebk.org
(718) 768-3814

In an effort to protect the rights of copyright owners, CBE maintains a policy for the termination, in appropriate circumstances, of Users of this Site who are repeat infringers.

15. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of CBE on this Site, these Terms of Use, including CBE Privacy Policy, constitute the entire agreement between you and CBE with respect to the use of the Site and Contents.

Appendix A:

cbebk.org
congregationbethelohim.org
brooklynjews.com

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