1. Welcome to our website (hereinafter: the "Website"). The Website is owned by Magnolia Silver Jewelry Group Ltd. (hereinafter: "Magnolia").
Use of the Website
2. The entry to and/or the use of the Website are subject to the Terms of Use specified below and attest to your agreement to and acknowledgment of these terms. You are therefore requested to read them carefully and update yourself regarding any changes (if performed) prior to each entry to or use of the Website. If you do not agree to any of the Terms of Use as specified below, you are requested to refrain from entering the Website and/or performing any activity therein and/or making any use thereof.
3. Magnolia reserves the right to modify these Terms of Use at any time, and without actual notice to you. All such changes will appear on the Website.
4. Users whose age is under 18 are required to notify their parents about the content of these Terms of Use and obtain their consent for the entrance into and/or use of the Website. Allowing and/or enabling a minor to enter and/or use the Website, and/or by not preventing a minor from entering and/or using the Website, attests to the parents' consent and acknowledgment of these terms with regard to the minor, as well as their own use. Parents are liable to notify minors who are interested in entering into and/or using the Website about the Terms of Use, as well as to supervise the minors' activities on the Website in accordance with these Terms of Use. Any entrance into and/or use of and/or activity of a minor on the Website constitutes agreement of the minors' parents to the provisions of the Terms of Use.
5. You may use the Website for personal and non-commercial purposes only. It is absolutely prohibited to make any use, of any kind, of the Website or any part of the Website for any purpose other than personal and non-commercial use.
To remove all doubt, we hereby clarify that you may not use, in any manner whatsoever, any contents, texts, names, or other material that appears or that shall have appeared, from time to time, on the Website and/or in any other of Magnolia's marketing or other advertising material (hereinafter: the "Content"), and you may not allow others to make any use of any of the foregoing.
It is also hereby clarified that, in using the Content for personal and non-commercial purposes pursuant to the terms set herein, you are required and obliged to leave the Content in its original and full form as posted on the Website, and prohibited from making any change and/or omission and/or falsification in and/or with respect to the Content and/or any development and/or change thereof.
Content of the Website
6. The products that are displayed on the Website are and/or may be placed for sale in Magnolia stores as long as supplies last and subject to Magnolia's absolute discretion.
7. The information contained on the Website is for general impression only. Magnolia reserves all of its rights to change the information as required, and according to its full and absolute discretion. Magnolia does not guarantee that the information on the Website is or shall be up-to-date at any given moment, and is not obligated to update the information that appears on the Website. Inter alia, Magnolia cannot guarantee that each product that appears on the Website is and/or shall be available in its stock and/or in any Magnolia store. Furthermore, Magnolia reserves every right to change the prices of the items set forth on the Website, without any prior notice and without updating the Website.
8. Magnolia shall not bear any liability, toward any person and/or entity, for any damage, cost and/or expense, whether direct or indirect, of any kind whatsoever, which might result from any error and/or inaccuracies and/or omissions in and/or with respect to the information displayed on the Website and/or any part thereof (hereinafter: "Error").
9. Without derogating from the generality of the aforesaid in Section 8 herein, should any Error relate to the price and/or qualities and/or features and/or availability of any product which is set forth in the Website, such Error shall not bind Magnolia in any manner whatsoever and in any such case the applicable price and/or features and/or availability shall be as displayed and/or otherwise promulgated in Magnolia stores.
10. The photographs and/or illustrations on the Website are for illustration purposes only. There may be differences between the appearance of any actual product and the appearance of such product in the photographs and/or illustrations set forth in the Website. You are invited to view the actual product in Magnolia stores, and in any case Magnolia shall not be liable due to any differences of this sort.
Intellectual Property
11. Any and all intellectual property rights, including without limitation any copyrights, patents, trademarks, service marks, trade name design rights, moral rights, archive and data rights, and broadcasting, publishing and advertising rights, designs, know-how, commercial secrets (hereinafter:"Intellectual Property Rights") arising in connection to the Website and/or its contents, including without limitation any texts, materials and photographs on the Website, are the sole and exclusive property of Magnolia or of a third party who authorised Magnolia to use the same, and are protected as such under applicable national and international laws.
12. All or any of the aforesaid may not be copied, distributed, publicly displayed, transferred, modified, processed, reproduced, translated, sold, rented or delivered to a third party without the prior express written permission of Magnolia.
13. Nothing in the Website or the Content may be interpreted, by implication or otherwise, as license or right to use any of Magnolia's Intellectual Property Rights without the prior express written permission of Magnolia.
14. The Website may contain other names, company names, brand names, registered and unregistered trademarks or service marks and logos (hereinafter: "Marks"). Such Marks are the property of their respective holders. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder of such Marks with respect to such use.
Links
15. On the Website you might find links to various pages on the Internet, which are not the Website and/or owned by Magnolia.
16. Magnolia does not monitor nor does Magnolia have any control over linked sites that appear on the Website and is not responsible for the content of any linked site or any links contained in a linked site, and is not responsible for any direct and/or indirect consequence of your use of such links. Magnolia provides such links only as a convenience, and the inclusion of any link does not imply endorsement of such site(s) by Magnolia in any way whatsoever.
Disclaimer of Warranties
17. The Website, its Content, the program on which it is based and any services that may be rendered through it are all provided on an "as is" and an "as available" basis. The use of the Website shall be done at your exclusive and full risk.
18. Without limitation of the foregoing, Magnolia specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the Content or of the Website; and (ii) any warranties of title, warranties of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any direct and/or indirect damages or injuries, of any kind whatsoever, sustained by yourself and/or any other person and/or entity as a result of: (i) any error, omission, deletion, or defect in the Content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, spyware, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action.
19. Magnolia does not warrant or guarantee: (i) that any portion of the Website is or shall be free of infection by viruses, worms, Trojan horses, spyware or anything else manifesting contaminating or destructive properties; or (ii) that access to the Website will be uninterrupted or error-free.
20. While Magnolia uses reasonable efforts to include accurate and up-to-date information on the Website, Magnolia makes no warranties or representations as to its accuracy. Magnolia assumes no liability or responsibility for any typographical or other errors or omissions in the content.
21. Magnolia reserves the exclusive right to discontinue your use of the Website, at any time, at its sole discretion, for any reason or without any reason.
Privacy Policy
22. During your visit to the Website, you may be required to provide certain information that personally identifies you, including your name and contact information, as well as information with regard to your use of any of our products, when and to the extent relevant (hereinafter: "Personal Information"). If you consent now but later change your mind, you may at any time withdraw your consent by notifying us through the Contact Us Form.
23. The Personal Information that you will provide Magnolia will be used in order to provide and deliver data requested by you and to contact you for feedback and surveys if you chose to allow Magnolia such communications when providing your Personal Information. Where you opted-in for such communications, Magnolia may also use your Personal Information to inform you about critical technical issues relating to Magnolia products.
24. When you provide Magnolia with your Personal Information, you may agree that it may provide you, from time to time, with information and other materials regarding similar products to those about which you enquired. Such solicitations will be made via email messages, to addresses provided by you.
25. Magnolia regards the privacy of the Website users seriously. As a rule, Magnolia will not release, rent or sell your Personal Information to any third party without your consent.
Magnolia may disclose your Personal Information only if: (1) required to do so by any law and/or regulation and/or judicial and/or arbitral decisions; (2) in order to protect and defend its rights or property or those of its customers; (3) to act immediately to protect the personal safety of our customers or the public; (4) in connection with a merger, consolidation or sale of substantial assets of Magnolia.
26. In addition to collecting Personal Information, Magnolia will also gather information that does not personally identify you, regarding your use of the Website. Such information (hereinafter: "Anonymous Information") may be used to measure the effectiveness of marketing efforts related to our services and for improving the services we offer you. Like most web sites, our servers use log files to analyze trends, administer the site, track user's movement in the aggregate, troubleshoot, and gather broad demographic information for aggregate use.
27. Magnolia uses both session cookies and persistent cookies to maintain its Website and speed up its operation. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Due to the communications standards on the Internet, when you visit the Website, we automatically receive certain Anonymous Information, such as the Internet protocol (IP) address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system, the type of web browser you are using, the referring web site through which you followed a link and found the Website and the pages you browse. This information is used to analyze overall trends to help improve services over the Website, but is not linked to personally identifiable information in any way. While session cookies expire and are automatically deleted from your computer when you disconnect, persistent cookies remain on your computer for a short period of time, and expire thereafter.
Magnolia will use information from cookies to deliver relevant information to you and collect information needed in order to administer service to you. For the duration of your visit in the Website, and in order for you to use its service, we require that you have session cookies enabled on your computer (these cookies are only kept on your computer temporarily, until you close the browser).
Security
28. Magnolia takes security very seriously. However, due to the open communication nature of the Internet, it cannot guarantee that communications between you and Magnolia will be free from unauthorized access by third parties. Your use of the Website is, at all times, at your own risk.
29. Over the course of your visit to the Website, you may choose to visit other sites whose links appear on our Website. Magnolia has no control over how such other parties may treat your Personal Information. Accordingly, Magnolia shall not be held accountable if such other parties abuse any information you may provide them, nor for the content they may provide to you. REMEMBER, THIS PRIVACY POLICY ONLY APPLIES TO MAGNOLIA'S WEBSITE. WHEN YOU ARE NO LONGER ON MAGNOLIA'S WEBSITE, YOU MAY ENCOUNTER DIFFERENT PRIVACY AND SECURITY PRACTICES AND YOU SHOULD FAMILIARIZE YOURSELF WITH THOSE PRACTICES EACH TIME YOU VISIT A NEW SITE.
Indemnity
30. You hereby undertake that upon receipt of Magnolia's first written demand you shall fully indemnify and hold Magnolia and its subsidiaries, affiliates, shareholders, officers, directors, clients, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless, for any direct and/or indirect cost, expense or damage, and from any claim or demand, including, without limitation, reasonable attorneys' and other experts' fees, in all instances, suffered, sustained and or made due to or arising out of your use of the Website, your breach of these Terms of Use, and/or or your infringement of any rights of any person and/or entity with connection to the Website.
Technical Support
31. If you have any queries, questions or complaints, you are welcome to contact our support division. Magnolia will make every reasonable effort to respond to all e-mails as quickly and efficiently as possible, within a reasonable time period under the circumstances.
Jurisdiction
32. These Terms of Use, their execution, validity and/or construction are exclusively subject to the laws of the State of Israel (without reference to the Conflict of Laws Rules thereof). Any dispute which relates directly or indirectly to these Terms of Use, their execution, validity and/or construction and/ or otherwise to your use of this Website will be subject to the exclusive jurisdiction of the courts of the Tel Aviv - Jaffa District.
