Read Before Using
agree to these terms and conditions. If you do not agree to the terms and
conditions of this agreement, you should immediately cease
all usage of this website. We reserve the right, at any time, to modify, alter, or update
the terms and conditions of this agreement without prior notice. Modifications shall
become effective immediately upon being posted at TorahArt.com website. Your
continued use of the Service after amendments are posted constitutes an
acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
The Torah Art Company is providing Member with free historical information,
as well as the opportunity to purchase merchandise displayed on the
aforementioned website. Member must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate with such
2. Disclaimer of Warranties.
The site is provided by The Torah Art Company on an “as is” and on an “as
available” basis. To the fullest extent permitted by applicable law, The Torah
Art Company makes no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in terms of its
correctness, accuracy, reliability, or otherwise. The Torah Art Company shall
have no liability for any interruptions in the use of this Website. The Torah
Art Company disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
The Torah Art Company SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR THE TORAH ART COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF
REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE
INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE TORAH ART
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold The Torah Art Company, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or
demand, including reasonable attorneys’ fees and costs, made by any third party
due to or arising out of Member’s use of the Service, the violation of this
Agreement, or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other right of any person
5. Modifications and Interruption to Service
The Torah Art Company reserves the right to modify or discontinue the Service
with or without notice to the Member. The Torah Art Company shall not be liable
to Member or any third party should The Torah Art Company exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that The
Torah Art Company does not guarantee continuous, uninterrupted or secure access
to our website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned
and operated by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located on or
through, any third-party site. You should contact the site administrator or
webmaster for those third-party sites if you have any concerns regarding such
links or the content located on such sites. Your use of those third-party sites
responsible therein. We encourage all Members to review said privacy policies of
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the
Vendors or collected from publicly available sources. While The Torah Art
Company makes every effort to ensure that the information on this website is
accurate, we can make no representations or warranties as to the accuracy or
reliability of any information provided on this website.
The Torah Art Company makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
8. Governing Jurisdiction of the Courts New York
Our website is operated and provided in the State of New York. As such, we
are subject to the laws of the State New York, and such laws will govern this
representation that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose to access our
site you agree to do so subject to the internal laws of the State New York.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any way that
violates applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national, or
international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text,
graphics, interfaces, and the selection and arrangements thereof is ©2008 The
Torah Art Company.com, with all rights reserved, or is the property of The Torah
Art Company and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of The Torah Art Company is
strictly prohibited. Members agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of The Torah Art Company.
The Torah Art Company™ and The Torah Art Company.com™ are proprietary marks
of The Torah Art Company.com. The Torah Art Company’s trademarks may not be used
in connection with any product or service that is not provided by The Torah Art
Company, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits The Torah Art Company.
All other trademarks displayed on The Torah Art Company’s website are the
trademarks of their respective owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with The Torah Art Company.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, The Torah Art Company.com designates the
following individual as its agent for receipt of notifications of claimed
The Torah Art Company
1737 East 5th St.
Brooklyn, N.Y. 11223
By Telephone: 718-687-7266
The Torah Art Company retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, The Torah Art Company reserves
the right to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
13. Other Terms
unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms
of Use Agreement and any other agreements referenced herein may be assigned by
The Torah Art Company, in our sole discretion, to a third party in the event of
and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member.