Terms of Use

These Terms and Conditions (the “Terms”) govern your access to and use of the website https://www.k- shoa.org/ (the “Website”), operated by The Foundation for the Welfare of Holocaust Victims (“FWHV”). The Website provides information about FWHV’s activities and enables users to engage in various actions, such as applying for assistance, making donations, or expressing interest in volunteering.

These Terms constitute a binding legal agreement between you and FWHV. They apply regardless of how you access the Website, including through any technologies or devices by which FWHV makes the Website available. By continuing to access or use the Website, you acknowledge and agree to these Terms and waive any applicable rights to require a non-electronic (original) signature or the delivery or retention of non-electronic records, to the extent permitted by applicable law.

You must read these Terms carefully. By accessing the Website, you confirm that you have read, understood, and agreed to these Terms in their entirety.

If you do not agree to all of these Terms, please do not use or access the Website. FWHV reserves the right to cease providing any or all parts of the Website or its functionalities at any time, at its sole discretion and without notice.

If you are agreeing to these Terms on behalf of a corporation or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these Terms, which shall then apply to the Legal Entity as if it were the user.

USE OF WEBSITE

1.1. You must be a human to use the Website. The use of automated tools, including bots, scripts, or crawlers, is strictly prohibited.

1.2. You must be at least 16 years of age to use the Website. If you are between 16 and the age of legal majority in your jurisdiction, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

1.3. Certain features or actions on the Website may require you to provide personally identifiable information. For details on how FWHV collects, uses, and protects such information, please refer to our [Privacy Policy].

1.4. FWHV reserves the right to suspend, restrict, or terminate your access to the Website if it suspects any misuse, suspicious activity, or violation of these Terms.

1.5. You acknowledge that FWHV assumes no responsibility for, and expressly disclaims all warranties regarding, the accuracy, completeness, or reliability of any information you provide. FWHV does not guarantee the accuracy or timeliness of any data or content displayed on the Website or any consequences resulting from its use.

1.6. The Website may include links to, or integrations with, third-party websites, platforms, applications, or services (“Third Parties”). These links are provided for convenience only and do not imply endorsement or control by FWHV. FWHV is not responsible for the content, practices, or policies of any Third Parties, and your use of such services is at your own risk. You are encouraged to review the applicable terms and privacy policies of any such Third Parties before engaging with them.

USER REPRESENTATIONS AND WARRANTIES

2.1. You represent and warrant that: (i) you have the full power, legal capacity, and authority to enter into these Terms and to fully perform your obligations hereunder; (ii) your execution, acceptance, and performance of these Terms do not and will not violate or conflict with any contract, agreement, policy, order, judgment, decree, rule, regulation, or law to which you are subject; (iii) unless expressly stated otherwise in these Terms, no third party is intended to benefit from or rely on any provision of these Terms; (iv) all information you provide in connection with your use of the Website is, and will remain, accurate, current, and complete; (v) you will not use the Website for any unlawful or unauthorized purpose, nor will you infringe or encourage the infringement of any intellectual, proprietary, or other rights of any party. You agree to comply with all applicable laws and regulations, including but not limited to copyright laws, and data privacy regulations; (vi) you own, or have all necessary rights and permissions to use, any information or content you upload or submit through the Website; (vii) you manage and store any personal information in accordance with all applicable data protection and privacy laws; and (viii) you are of legal age in your jurisdiction, or you have obtained the necessary consent from a parent or legal guardian to accept these Terms.

2.2. You shall not, and shall not permit any third party or anyone acting on your behalf to: (a) copy, modify, adapt, translate, or create derivative works based on the Website; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Website; (c) rent, lease, sell, sublicense, assign, or otherwise transfer any rights in or to the Website; (d) remove, obscure, or alter any proprietary notices or labels contained on or within the Website; (e) use, upload, transmit, or introduce any device, software, or routine intended to interfere with, disrupt, or attempt to interfere with or disrupt the operation of the Website; (f) develop, copy or use any content, data, product, service, or technology that incorporates or is based on any ideas, features, or functionalities similar to those of the Website; (g) test the Website or use it in connection with any benchmarking, performance evaluation, or similar analysis, the results of which are intended to be or could be published or made publicly available, without FWHV’s prior written consent; (h) directly or indirectly contest, challenge, or infringe FWHV’s intellectual property rights in any way; (i) remove, obscure, or alter any copyright notices, trademarks (including FWHV’s Marks, as defined below), or other proprietary rights appearing on or within the Website; or (j) allow any minor under the legal age in their jurisdiction (without parental or guardian consent), or any unauthorized third party, to access the Website without FWHV’s prior written approval.

2.3. You acknowledge that the materials and/or information available on FWHV’s Website may contain technical, typographical, or photographic errors. FWHV makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any such materials or information. You further acknowledge that, while FWHV may update or modify the materials and/or information on the Website from time to time, it is under no obligation to review, evaluate, or ensure the ongoing accuracy or completeness of such materials.

FWHV’S INTELLECTUAL PROPERTY RIGHTS

3.1. FWHV owns all right, title and interest in and to the Website, as well as any Content, and any derivative works of the Website and all physical embodiments of same, which FWHV may develop from time to time, (and excluding any third-party product(s) embodied in, utilized or bundled with the Website or Content).

3.2. The Website and all intellectual property rights in the Website (including any derivative works or Content) are, and shall remain, FWHV exclusive property, including but not limited to, any modifications or custom features to the Website to be developed by FWHV, whether requested or instructed by you or not, even if you have paid for such modifications, except if we have a separate written agreement that specifically states otherwise and references this section.

3.3. Any error and bug reports, additional features, ideas, requests, feedbacks, recommendations, comments, concepts and other requests or suggestions related to the Website (collectively, the “Ideas”) that you may provide to FWHV, will be solely owned by FWHV. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to FWHV, free of charge.

4. OWNERSHIP OF CONTENT

4.1. All content available on the Website, including but not limited to text, images, photographs, graphics, videos, audio materials, surveys, articles, documents, software, and other materials (collectively, the “Content”), is protected by applicable copyright laws and is the property of FWHV or its licensors, unless otherwise expressly stated.

4.2. FWHV retains all rights, title, and interest in and to the Content. Except as expressly permitted by FWHV in writing, you may not copy, download, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works of, publicly display, or otherwise use any part of the Content for any commercial or non-commercial purpose.

4.3. You may access and use the Content solely for your personal, non-commercial use, and only as an integral part of your lawful use of the Website, provided that all copyright and proprietary notices are kept intact and unmodified. Nothing in these Terms shall be construed as granting, by implication or otherwise, any license or right to use any Content or intellectual property without FWHV’s prior written permission.

4.4. All trademarks, service marks, logos, and trade names displayed on the Website are the registered and/or unregistered intellectual property of FWHV or of their respective owners. Use of any such marks without the express written consent of the relevant rights holder is strictly prohibited.

4.5. You acknowledge and agree that you do not, and will not, acquire any ownership rights in the FWHV Content, including any trademarks, service marks, or other intellectual property contained therein. All FWHV Content is provided for personal, non-commercial use only.

4.6. FWHV reserves the right to monitor your use of the FWHV Content and to modify, suspend, or revoke this license, or your access to the FWHV Content, at any time and for any reason, at its sole discretion. FWHV also reserves the right to remove or disable access to any content that violates these Terms or infringes FWHV’s intellectual property rights.

4.7. Nothing in these Terms shall be interpreted as a waiver of any of FWHV’s rights in the FWHV Content.

4.8. You agree not to use, copy, reproduce, edit, translate, display, distribute, download, transmit, sell, license, create derivative works of, or otherwise exploit any FWHV Content without FWHV’s prior written consent. Any unauthorized use of FWHV Content may constitute a violation of copyright, trademark, or other intellectual property laws and may subject you to civil or criminal liability, including penalties, damages, and injunctive relief.

5. USE OF TESTIMONIALS AND USER STORIES

5.1. From time to time, FWHV may collect testimonials, including video recordings, written statements, interviews, or other user-submitted content (collectively, “Testimonials”), from individuals who have engaged with FWHV’s activities or received its support.

5.2. By providing a Testimonial to FWHV, you grant FWHV a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, publish, display, perform, adapt, and distribute your Testimonial, in whole or in part, in any format or medium now known or hereafter developed, for the purpose of promoting FWHV’s mission, initiatives, and activities.

5.3. FWHV may edit or adapt Testimonials for clarity, length, or formatting, provided that such changes do not distort or misrepresent the original message or context.

5.4. You acknowledge and agree that the use of your Testimonial as described above does not entitle you to any compensation, credit, or attribution unless otherwise agreed in writing.

5.5. FWHV will obtain your prior written or recorded consent (which may include email or video- recorded consent) before using any personally identifying information or image in connection with your Testimonial, in accordance with applicable privacy laws.

5.6. As between FWHV and all other users, all Testimonials and user stories published or displayed by FWHV constitute FWHV Content or are used with permission from the relevant individual. You may not copy, reproduce, distribute, publicly display, create derivative works of, or otherwise use any such Testimonials or user stories for any purpose without FWHV’s prior written consent.

6. DISCLAIMER OF WARRANTIES

6.1. YOU UNDERSTAND AND AGREE THAT THE WEBSITE PROVIDED BY FWHV IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FWHV AND ITS RELATED PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FWHV WEBSITE’S ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, RELIABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

6.2. FWHV AND ITS RELATED PARTIES DO NOT WARRANT: (A) THAT THE WEBSITE OR ANY RELATED ACTIVITIES PERFORMED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED; (C) THAT DEFECTS, IF ANY, WILL BE CORRECTED; (D) THAT THE DATA DISPLAYED ON THE THE WEBSITE WILL (I) MEET ANY DIVERSITY EXPECTATIONS, (II) BE COMPLETELY FREE FROM ANY BIASES OR DISCRIMINATION, OR (III) BE PERIODICALLY REVIEWED AND UPDATED.

6.3. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, FWHV IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE THE WEBSITE.

7. INDEMNIFICATION; LIMITATIONS OF LIABILITY

7.1. You agree to indemnify, defend, and hold harmless FWHV and its affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the “FWHV Parties”) from and against any and all claims, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) arising out of or in any way connected with: (i) your use of or access to the Website; (ii) your conduct in connection with the Website or with other users; (iii) your violation of these Terms or of any applicable law; or (iv) your infringement or violation of the rights of any third party. You further agree, on behalf of yourself and your heirs, estate, insurers, successors, and assigns, to fully and irrevocably release, waive, and discharge the FWHV Parties from any and all claims or causes of action, known or unknown, arising out of or related to your use of the Website.

7.2. FWHV SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT RESULT FROM OR ARE RELATED TO THESE TERMS, EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE. YOUR ONLY REMEDY AGAINST FWHV IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING IT. IN ANY EVENT, FWHV’S AGGREGATE LIABILITY TO ANY USER FOR DAMAGES SHALL NOT EXCEED THE AMOUNTS USD $100. 7.3. EACH PARTY UNDERSTANDS AND AGREES THAT THE FOREGOING LIABILITY LIMITATIONS ARE ESSENTIAL ELEMENTS OF THESE TERMS, SUCH LIMITATIONS SHALL SURVIVE FAILURE OF THEIR ESSENTIAL PURPOSE, AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE MATERIAL AND ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

8. TERMINATION

8.1. FWHV reserves the right to modify, suspend, or terminate the Website, or any part thereof, including any features, functionalities, or content available through the Website, at any time and without prior notice.

8.2. These Terms remain in effect even after your account is terminated or you have stopped using the Website.

8.3. Termination of these Terms shall not relieve you of your obligations to FWHV hereunder that arose prior to the effective date of termination, including all your payment obligations that have accrued prior to the date of termination. In addition, payment obligations and provisions contained in Sections ‎3, 4, 5, 7, ‎‎8.3 and 9 shall survive the expiration or termination of these Terms for any reason.

9. MISCELLANEOUS

9.1. Non-enforcement by FWHV of any term or condition of these Terms shall not constitute a waiver. A waiver by FWHV of compliance with any term or condition under these Terms shall not constitute a waiver of such term or condition at any other time or a waiver in the future of any other term or condition of these Terms.

9.2. Severability. If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed severed from these Terms.

9.3. Notices. Any formal notice, consent or other communication in connection with these Terms shall be in writing and shall be considered to have been delivered and in effect upon the earlier of actual receipt or: (a) an email followed by a written or electronic confirmation; (b) two (2) days after posting when sent via an express commercial courier; (c) five (5) days after posting when sent via certified mail; or (d) one (1) day after posting through the Website. You consent that all communications that FWHV provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information, including email address updated at all times.

9.4. Jurisdiction and Disputes. These Terms shall be governed by the laws of Israel, without regard to its conflict of law principles. All disputes hereunder shall be resolved, exclusively, in the applicable courts of Tel Aviv – Jaffa, Israel. You consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses otherwise available.

9.5. No Agency. The relationship established by these Terms is solely that of independent contractors, and nothing contained in these Terms shall be construed to: (i) give you the power to direct and control the day-to-day activities of the other; or (ii) constitute any partnerships, joint ventures, co-owns or otherwise as participants in a joint or common undertaking; or (iii) make you an agent of FWHV for any purpose whatsoever.

9.6. Force Majeure. Neither you nor FWHV shall be liable to the other for any failure to meet its obligations if such failure is due to any cause beyond the non-performing party’s reasonable control (“Force Majeure”). Force Majeure specifically includes, but is not limited to, any government action that would limit the ability for performance; fires; earthquakes, floods or other severe weather conditions or any other acts of God; quarantines; riots; strife; insurrection; civil disobedience; epidemics, armed conflict; terrorism or war, declared or not; or any impending threat of any of the foregoing, if such threat might reasonably be expected to cause injury to people or property.

9.7. Amendments and Updates. FWHV reserves the right to amend or update any part of these Terms at any time, at its sole discretion, by posting the revised version on the Website. Any such changes will become effective upon posting, unless a later effective date is specified. If you do not agree to the amended Terms, your sole remedy is to discontinue your use of the Website. Your continued use of the Website after the effective date of any amendment will constitute your acceptance of the updated Terms.

9.8. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS IN THEIR ENTIRETY, FULLY UNDERSTOOD THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. YOU FURTHER AGREE THAT THESE TERMS CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND FWHV WITH

RESPECT TO THE SUBJECT MATTER HEREOF, AND THAT THEY SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS PROPOSALS, AGREEMENTS, COMMUNICATIONS, AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, RELATING TO SUCH SUBJECT MATTER.

Last Updated: 1 April 2025