Terms and Conditions Respecting the Use of israelweather.co.il

                    

Introduction

Persons (hereinafter: user or users) are permitted to make use of the site www.israelweather.co.il(hereinafter:the site) and of the contents thereof (hereinafter:the content or the contents) in accordance with the following terms and conditions (hereinafter: the conditions).  Please read the conditions well, for use of the site and its contents implies a priori acceptance of the conditions.  The conditions apply to every use of the site and constitute the legal basis for any legal discussion between the user and Boaz Dayan who is the owner, operator, and manager of the site. 

This declaration of terms and conditions uses the character s/he to signify both sexes.  Where a masculine term may appear it also refers to both sexes.  No instruction in this declaration is to diminish from any other instruction in the declaration.  Headings are for visual comfort only.  Entry or use of the site in any way or use of any service of the site expresses a priori acceptance of the conditions.  If a user does not accept the conditions, in whole or in part, s/he is not authorized to use the site or any of the services offered therein.  Israelweather.co.il reserves to itself the right to update the conditions according to its judgment or discretion alone and without announcing said intentions beforehand.  The updated conditions will go into effect immediately upon their publication in the site.  If there occurs a contradiction or a lack of understanding between the conditions and anything else published on the site, the conditions will override anything else and the matter will be decided in strict accordance with the conditions.  The site is intended for private use only.  It is not intended for commercial or wholesale use unless it is clearly stated otherwise.  Users will keep secret, and will not reveal or pass on to anyone, neither the user name nor the password that s/he uses in the forum or anywhere else in the site.  It is not permitted to make use of the data base of the site without first receiving written authorization to do so from the manager of the site.

 Warning

The site was set up to give the general public as much weather-related information as possible.  The public is warned and advised to use the information carefully.  Mistakes can happen and incorrect information may appear on the site.  Boaz Dayan, the owner and operator of the site, is an amateur meteorologist, not a professional forecaster.

 Intention of this Declaration

Entry into the site, surfing in it, or use of any service offered in it represents a priori acceptance of the conditions delineated in this declaration.  These conditions apply to every action a user makes in the site.  Anyone who does not accept these conditions, in whole or in part, is requested to refrain from using the site.  Israelweather.co.il reserves to itself the right to update the conditions according to its judgment or discretion alone and without announcing said intentions beforehand.  The updated conditions will go into effect immediately upon their publication in the site.

  

Daily Pictures

Daily pictures are sent to the site by the users themselves.  Boaz Dayan, the owner and operator of the site, is not responsible for protecting the property rights of their producers.  If the rights of a producer are violated, the picture will be erased from the site immediately upon the manager's becoming aware of the violation.

 

Site Services

Among the services (hereinafter: the service) offered by the site to the cellular telephone screens (or to the data base of information within the telephone) of its users are:

• Sending data
• Announcements and information
• Recorded messages and other content
• Graphs and charts
• Graphics files
• Video files and the like
• Non-weather related information and announcements
• Recommendations
• Suggestions
• Reminders
• Sales promotions
• Offers of various other services
• Games and the like

 The service is delivered through a number of means, mainly through text messaging (SMS), pictorial messaging (MMS), IVR technology, WAP Download, by short code or via any other technology that the cellular phone companies make available either to the telephone screen or to the data base of information within the telephone.

 It is hereby reiterated that the site reserves to itself the right to add or remove from the basket of services listed above, in accordance with the judgment of the site alone.  It is further reiterated that the conditions delineated in this declaration apply to the services listed above.

 

Conditions Regarding Weather Forecasts

Upon registering for the service, the user will begin receiving text messages once a day, to the telephone specifically registered to receive this service.  The user accepts that the text message will be renewed every weekday, Sunday through Friday, between 07:00 and 20:00, with the exception of Jewish and Israeli holidays.   Said text messages will be renewed on Saturday sometime after the Sabbath has ended.  It is herein clarified that because of technological and technical limitations and constraints, the time schedule specified here may change and the text message may be sent at a different time.  When the weather conditions are unusual more than one message may be sent in one day.  There are four types of text messages available to users:

• The weather forecast for the next day and the following days.
• Forecast for two days of wave conditions in the Mediterranean Sea at the beaches of Israel and the water temperature.
• Forecast for two days of wind conditions, mainly in the North and Center of Israel.
• Estimation regarding snow conditions at the Mt. Hermon ski resort.  This estimation is offered only in the winter when there is snow.

 The cost per text message is 1.50 NIS.

 

Conditions for Receiving Service to a Cellular Phone

This service is offered to owners of a cellular phone under the auspices of a standard contract with a cellular phone company; or to holders of a cellular phone of which they are not the legal owners with the agreement of the owner.  The telephones must not be blocked to receiving text messages and the owner of the telephone must specifically agree to receive the messages herein described.  Interested parties who agree with the conditions specified herein may register officially as users of said service.  Upon registration, the user acquires the right to receive said chosen service.

 

Declaration of Users

Users acknowledge that they are well aware that the above-mentioned service is dependent upon service provided by third parties, primarily the cellular telephone operators and the Israel Electric Company (Bezeq) (hereinafter: the operators).  Users further acknowledge that the service provide by the site may be interrupted, through no fault of the site, owing to technical or technological difficulties being experienced by one or more of the operators.  In such a case, the users will have no legal complaint, demand, or claim against the site.

 

Users acknowledge that the operators have no legal obligation to them or to any third party in connection with the service users receive from the site.  This includes any breakdown or disturbance that an operator may experience, be it systemic or in the operator's network, which will impair the operator's ability to allow the site to provide the service.  Users acknowledge that the operators serve only as agents, through which the site sends its messages, in accordance with the conditions the operators have with their customers, which conditions cover the limitations of the operator's equipment and networks.

 

Users acknowledge that the operators are entitled to cut off, stop, or limit cellular telephone service, at any time, and in absolute accordance with the judgment of the operators alone, including the service upon which the site's service is dependent, to any of the recipients of the operator's service, whether upon the operator's receipt of a request from the user, or at times of emergency, or from any other cause, and the user will have no complaint, demand, or claim regarding this occurrence neither toward the site nor toward the operator.

 

Users acknowledge that the service provided by the site depends on the service provided by the operators, and that the user is well-acquainted with the nature of cellular phone service, in that breakdowns in cellular telephone communication are normal, and that there are areas of Israel where cellular telephone service is neither full nor continuous.  Furthermore, users acknowledge that not every message sent to them will reach its destination on time or at all; that it is impossible to guarantee that a disruption will not occur in the transmission of any given message; and that the site takes no responsibility whatsoever for said disruptions if they caused a message to fail to reach its destination at the time it was sent; or if there was a problem with the content of the message.  In a case where a user does not receive a message because of any of the above-mentioned reasons s/he will not receive notification to such.  In order to preclude any possible misunderstanding, it is to be understood and accepted that if there is a failure of any message to reach its destination, from any possible reason whatsoever including disruptions in the operator's service or because of a problem in the content of the message, the user will not receive notification that a failure has occurred.

 

Obligations Accepted by Users of the Service to their Cellular Telephones

Without any detraction from anything else in the conditions a user declares and guarantees to the site that:

• S/he is at least 18 years old; or if younger than 18 years old, that his or her parent(s) know that s/he has registered with the site; that s/he has received said parent(s)' agreement to register with the site; and that both the user and his or her parent(s) accept the conditions pursuant to accepting the service including the cost; and accept all disclaimers of responsibility on the part of the site as iterated herein.
• That s/he is the legal and official owner of the telephone line to which messages are to be sent; or that s/he received explicit permission from the legal and official owner to register the telephone to receive messages from the site.
• S/he will not publish personal information of any other user or any private telephone number.
• That s/he will not use the service provided by the site to commit any criminal act.
• That s/he will use the service of the site in accordance with the conditions, including additional instructions and/or rules which may, from time to time, be given by the site.
• That s/he agrees not to tell, pass on, reveal or otherwise divulge to any other person, persons or entity, his or her username or password as they were given to said user by the site; nor to reveal to any other or others the manner in which access to the site may be obtained, as said method of access was given to the user by the site; unless the site has first agreed in writing to allow such information to be passed on.

 By-laws of the Israelweather.co.il Forum

The Israelweather.co.il forum (hereafter: the forum) is a private forum managed by Boaz Dayan for the benefit of amateur meteorologists and lovers of ecology and the environment.  The forum seeks to bring together people young and old who share these interests.  The forum is expected to enjoy heavy traffic, especially in the winter.  Thousands of users are registered for the forum and enter it often to be updated or to update others. 

 

All members of the forum are expected to read the entire declaration of conditions as herein delineated.

 

Rules and Regulations Governing the Forum

In order to maintain the forum at the highest possible level, users are expected to follow the following rules of conduct:

·        Since the forum is intended for discussions of weather and conservation, users are expected to refrain from discussing other subjects.  Announcements that are not relevant to the subjects of the forum will be erased.

·        The forum is a place where people with quite varied levels of education and knowledge come to talk.  Everyone is entitled to express his opinion, as long as s/he does so in a mannerly way without insulting or otherwise hurting others.  Members of the forum are expected to respect the opinions of others.  It is, of course, reasonable to disagree with another's opinion, but said disagreement must be made in a respectful manner.

·        We are amateurs not dabblers.  We must all make every effort to give our forecasts and estimations based on the science of meteorology to the best of our knowledge, and in accordance with the information presented by the weather models of meteorological organizations.

·        Forum members are warned to relate to forecasts with care.  The responsibility for any action or activity based on a forecast given in the forum is wholly on the receiver of the forecast and in no way on the giver of the forecast.

·        We recognize that accurate weather forecasting is possible for only seven days at the very most.  Forum members are expected to refrain from asking for or giving forecasts for any period beyond the upcoming seven days.

 

Erasing Messages

In order to manage the forum properly, to prevent insult or other injury to another forum member, or to resolve technical problems, the forum manager is authorized to erase messages without prior warning.  The erasing of messages is not to be misunderstood as a form of punishment toward a member but, rather, as a necessary tool to ensure the proper management of the forum.  It is the exclusive right of the forum manager to decide whether or not to explain his reason(s) for erasing any message.  It is also his exclusive right to decide how to deliver said explanation.

 

If a message or messages have been erased, and a forum member wants to communicate his displeasure, the forum itself is not the proper venue for such discussion.  The proper place to speak with the forum manager about such matters is his message box or by email. 

 

It should not be construed that the forum manager agrees with controversial or personal messages that he did not erase.

  

Rules for Forum Members

• In order to update the general public as well as other forum members, it is expected that forum members will provide timely updates as to the weather in their area.  False updates will be erased and future communication from that person will be blocked.
• Members are requested to read through messages already sent to the forum before sending their own message.  It is impolite in the extreme to repeat information or to send maps that have already been sent.
• We wish to maintain a pleasant atmosphere in the forum at all times.  Pursuant to that goal, members are expected to converse in a polite and respectful manner at all times.
• It is unacceptable for a forum member to use crude or vulgar language while on the forum.  Members are expected to refrain from writing out of anger.  It is to be considered contempt of the forum to use vulgar language and it will lead to the member's message being erased and may even lead to the member being blocked.  If a member has a disagreement with a message s/he may, of course, ask for further explanation but in a proper manner.
• It is very important to acknowledge one's sources, to respect copyright laws, and to protect intellectual property.  This applies to maps, satellite pictures, or anything gleaned from any source both in Israel and abroad.  It is expected that members will credit their sources, including Meteotech, radio or television stations, or any official weather service in or out of Israel.
• It is totally unacceptable for a member to record or print another source's forecast and to report it as his own.
• Advertising other weather sites on the forum is totally unacceptable and such advertisements will be erased.

 Advertising on the Forum

Any advertisement of any sort will immediately be erased.  Care must be taken to distinguish between straightforward advertising for meteorological equipment or services and the mentioning of said equipment or services as the answer to a question.  When there is doubt in this matter, the forum manager has the authority to make the final decision.

 

Structure of the Forum

The forum is arranged like a tree.  Each main message can have many responses branching off it.  The main message deals with a specific topic and all responses are expected to stay on topic.  Responders are also requested to post their responses on the tree of the main message and not to open another main message.

 

A new subject for discussion will be opened by a new main message.

 

When a new main message is posted it pushes the previous tree to the next page.

 

Forum members who repeatedly fail to respond as above described may have their responses erased or quarantined in a separate place within the forum.  In extreme circumstances, the responder may be blocked.  Responses that don't follow the established modus operandi make it difficult for other members to follow a discussion and place an unnecessary burden on the system that runs the forum.  The forum manager alone has the authority to quarantine or erase messages due to improper use of the forum.

 

One of the main purposes of the forum is to enable members to ask weather-related questions and receive answers to them.  When a member wants to ask a question s/he should look through the forum to see if it has already been asked and answered.  It is impolite to repeatedly ask a question that has already been answered.

 

Trolling

Trolling is the practice of bothering people in forums or chat rooms simply for the sake of bothering them.  Trolls are wont to misrepresent themselves, to interfere with civil discussions, and to generally insinuate themselves into conversations about which they have neither working knowledge nor any sincere desire to further anyone else's understanding of the issue.

 

Members are asked to ignore trolls.  It is the responsibility of the forum manager to rid the forum of them.

 

The forum manager goes on record declaring that any forum member who introduces irrelevant matters into discussions, argues gratuitously, speaks sarcastically, cynically, or argumentatively and tries to draw other members away from the discussion at hand will be summarily blocked from the forum.

 

Forum members who have a complaint about another member should turn to the forum manager alone, via email or the forum manager's message board.  Members are never to take their complaints about another member to the pages of the forum itself.

 

Intellectual Property

The site recognizes that writings, charts, graphs, and the like are protected intellectual property under law.

 

Members are strictly prohibited to change, copy, transmit to others, publish, to produce derivative works, to perform reverse engineering, or to store the content of the service, whether in whole or in part, permanently or temporarily, in any manner whatsoever, without the expressly written consent of Boaz Dayan.  The site is intended solely for members' private and personal use.  Use of the data base of the site is strictly prohibited without the expressly written consent of Boaz Dayan.  Members may not copy, publish, duplicate, present in public, or transmit to a third party the information or any part of the information found on the site without the expressly written permission of Boaz Dayan.  Members may not publicize, broadcast, telecast, pass on, sell, publish, or make any commercial use whatsoever of the information or of any part of said information found on the site without the expressly written consent of Boaz Dayan.

 

Producer and/or intellectual property rights relating specifically to the site, including the site's name, are the property of Boaz Dayan alone.

 

Limitations of Responsibility

Boaz Dayan, the site owner and manager, does not and cannot guarantee that the services offered will never be interfered with, that they will be delivered without unplanned and/or unwanted interruptions, that they will always be accurate and free of error, that the site's computers will always be protected from access by unauthorized parties. 

 

Boaz Dayan, the site's owner and manager, is not responsible for damage, breakdowns, or any other problems that may arise from malfunction in materials, computer software, communication lines and systems, originating in one of the site's suppliers or from any of their representatives.

 

The service provide by the site is dependent on third parties.  The site manager is not responsible for any action, activity, omission, oversight, or breakdown originating in said third parties; that may result in any damage, loss of material, data, or information, or of money, or for any expense that falls upon a user or upon any third party; nor is the site manager responsible for said losses or expenses.

 

The site manager is not responsible for the availability of offered services, nor to the content, form, reliability, accuracy, or credibility of anything presented on the site.  As is the case with all internet sites, israelweather.co.il is exposed to any and all internet users.  The site manager is responsible neither for supervising and/or overseeing their activities nor any damage, loss of material, data, or information, or money, or any expense incurred by a site user or any third party as a result of said activities.

 

The site manager neither controls, nor supervises, nor is he responsible, directly or indirectly, for information and/or services provided or advertised by others or through other auspices.  The site manager is not responsible for information contained in sites linked to by israelweather.co.il.

 

Advertising content that appears on links to linked-to sites shall not be deemed as in any way a personal endorsement, recommendation, expression of support, encouragement, or backing, of said advertising or of said link on the part of the site manager or of any service offered or equipment offered for sale by said advertising or by said links.

 

The reliability of all content, information, advertising, products, opinions, and/or positions, which are presented by any sites linked to by israelweather.co.il are the sole responsibility of said linked-to sites.  Boaz Dayan, the manager of israelweather.co.il is in no way responsible for any direct, indirect, or coincidental damage, of a direct consequence or an indirect consequence, of an inability to use the linked-to site; or of loss of information or loss of profits that may result from use of a linked-to site's services, information, products both on israelweather.co.il or on the linked-to site itself.  This waiver obtains even when there is some supervision of content presented on the site about a linked-to site and/or on the linked-to site itself; and said waiver applies even when there was awareness that some damage to a third party could occur in anything related to the use of a linked-to site, or of the inability to use the linked-to site, or of services offered there, or because of cancellations, restrictions, limitations, or stoppages on the part of the linked-to site.

 

Israelweather.co.il is not responsible for any damage, monetary or otherwise, direct or indirect, that results from the use of the site.  Users are aware that all use of the site and of its contents is the responsibility of the user alone.  The site makes no medical or professional recommendations whatsoever, nor any professional recommendation in any other area whatsoever.  The responsibility to determine whether a service is suitable to his needs falls on the user alone.  The user acknowledges that any service presented on the site is not offered to replace any medical, professional, or other service the user may be using or may need to use; that services offered on the site are, at best, additional to any medical, professional, or other service the user uses or needs to use; and that the responsibility to decide what service is suitable to his needs is his, and his alone. 

 

To prevent any doubt whatsoever, the user is aware that the site is reliant on technology and that the limitations of said technology may result in interference in the user's receiving of messages and on the ability of the site to function smoothly.  The user releases the site from any responsibility for any damage that may occur through use of the site; the user acknowledges that he alone is responsible for the consequences of his use of the site; and acknowledges that the site does not make medical, professional, or other recommendations to supersede medical, professional, or other services the user receives or needs to receive from another source.  The user acknowledges that any medical, professional, or other information present on the site is presented without any prior examination whatsoever of the user's health, psychological condition, physical condition, or other condition and that, therefore, all responsibility for the consequences of using any health-related, medical, psychological, physical, or other information presented on the site is the user's alone.  The user acknowledges that in the event that he needs medical, professional, or other advice the site clearly recommends that he consult with a proper professional and not to rely on information found on the site.  The user acknowledges that it is his responsibility and his alone to verify the reliability of any information presented on the site.  The user acknowledges that the site does not give nor does it imply any endorsement or opinion regarding the content of any linked-to site, nor of said site's reliability or authenticity and that israelweather.co.il bears no responsibility whatsoever with reference to any outcome that may occur pursuant to the link and the user's use of the link.

 

The site manager shall not be obligated nor responsible, directly or indirectly, to make reparations or reimbursements or any payment whatsoever which may derive from the use of the site or of the inability to use the site and/or its services as a result of an unauthorized entry into the site or of any change in data or messages on the part of the user even if israelweather.co.il has been warned that such damage may occur.  The service is offered as is and the site cannot accept responsibility to suit it to the goals and needs of any specific user.  The user acknowledges that israelweather.co.il is not responsible for any use the user makes of it, directly or indirectly, regarding its services or the conditions and that the user is solely responsible for his or her use of the site and/or any contents therein.  Israelweather.co.il will not be responsible for any damage, direct or indirect, that may occur to a user or any third party from use of information and/or content on the site, nor from cancellation or interruption of service including problems the site incurs in transferring information whether said problems were caused purposefully by a third party or whether they occurred because of a technical malfunction.

 

The site makes every reasonable effort to protect the privacy of users.  With that in mind, the user acknowledges that the nature of the internet is such that 100% perfect privacy protection is not possible.  Pursuant to this, the user absolves the site of responsibility for any damage, direct or indirect, financial or otherwise, that the user may incur as a result of the leaking of said private and personal information, without any regard whatsoever to the cause of said leaking.  The user acknowledges that the provision of services through the aegis of the site is dependent on third parties and the site is not responsible for any omission, oversight, or failure of any third party; and the site will not be responsible for any damage, loss, or expense incurred by a user or by a third party as a result of or in connection with said omissions, oversights, or failures.  The site is not responsible for the availability of services, content, form, reliability, authenticity, or accuracy of any content provided by users as defined above; and is not responsible for damage and/or violation of intellectual property rights, including commercial symbols and/or secrets, in connection with content provided by users or any other use by any user of the site or of any service offered therein.  Any use of the site and/or any reliance by a user upon content, information, advertisement, service, product, opinions or positions found or advertised in the site, or in a linked-to service is made upon the user's own consideration and s/he alone accepts full responsibility for said use.  In the event that a user communicates with a third party who advertises on the site, all conditions of said communication shall be agreed upon by the user and the advertiser; the site shall in no way be a party in said communications; the site is in no way responsible, and will accept no responsibility for damages or other claims made by users as a result of the afore-mentioned communications.  A user will have no claim or demand toward the site in connection with the quality of information, services, or products, advertised on the site or supplied by an advertiser on the site.  This shall apply also to an advertiser's and/or supplier's abilities, limitations, and suitableness to the needs of the user and to any response or reaction that may or may not be made by a user; and the user hereby absolves the site or any representative of the site of any claim or demand in this regard.

 

In no way shall israelweather.co.il nor any representative of it be responsible for direct or indirect damage, for punitive damages, coincidental damage, unique or derivative damage, and any other possible damage including, but not excluding any other damages, financial damage caused by loss from use of the site, loss of data, loss of profits, which may come about because of the use of a service, because of a problem in the delivery of the service, in the inability to use the service provided, or in the failure of the service to be delivered, or of any attendant information, program, product, service, or graphics which were presented via the service; or if said loss occurs from any manner of use of a service offered, whether the claim is based on an agreement, on tort law, on absolute responsibility, or on any other rationale, even if the manager of the site or a representative  of the site becomes aware that said damages may occur.

 

The user knows that the site is managed by an amateur meteorologist, not a professional weather forecaster.  The user knows and understands that weather forecasting is still an imprecise and uncertain science; that weather forecasting is more of an educated guess based upon data yet subject to error and unexpected changes and developments.  The user shall have no claim, complaint, demand, or special request which derive from a mistaken analysis or forecast presented on the site or originating in any of the weather-forecasting media; mistakes in weather forecasting; unexpected snow; estimates of snowfall on Mount Hermon; rainfall, weather warnings, temperature, humidity, wave heights at sea, fires, wind damage, high water or flood damage, heat waves, cold snaps, clouds, or any extreme or not extreme weather condition; or problems in the user's plans or in a third party's plans.  The site, its representatives, and any third party that supplies content will not be deemed responsible for any emotional or physical damage to a person, damage to property, damage to any person's way of life that may be caused by use of a service offered or provided by the site including damage to a third party, all said damages and any other damages resulting from weather conditions whether said weather conditions were forecast or whether they were not forecast, at any time or season of the year and in any location to which the weather forecast may apply.   The user understands that in any matter in which the weather will be a major factor, s/he is not to rely solely on the information and/or forecasts found in israelweather.co.il; and s/he is hereby instructed to consult with weather forecasting professionals.

 

Commercial Information

The site is not responsible for the content of advertisements found therein.  Any advertising material that is uploaded onto the site is the responsibility of the advertiser alone.  The site does not edit or control in any way the content of advertisements that are uploaded to the site and is not responsible for the contents of said advertisements.  The site reserves the right to remove any advertisement that is deemed to be harmful based solely on the judgment of the site manager.

 

The Law and Judicial Authority

The laws of Israel apply in full to these conditions, on any result from the conditions, or on anything that depends on the conditions.  Any legal disagreement shall be adjudicated in the Court of Tel Aviv-Jaffa and in no other.

 

The English Translation

The English translation was based on a Hebrew document.  In the event of a disagreement based on the English translation, the Hebrew document shall override the English translation and the Hebrew document alone shall be used in the adjudication of the matter.