The Defendant Yosef Kiki

The Cinematheque accessibility Website terms of use and privacy policy

Welcome to the Jerusalem Cinematheque Digital Film Archive – Israeli Film Archive (Registered Association) (hereinafter: the “Website” and “the Cinematheque”, respectively), where you can browse through a personal computer or mobile phone (including through the use of a specially designed application).

The Website is a unique online platform for direct viewing of the best Israeli and Land of Israel cinematic productions from 1896 to the present day, in a high-quality digital format. For the first time in history, the public in Israel and around the world is invited to enjoy, learn and explore Israel’s audio-visual treasures from a computer, tablet or mobile phone.

Please read the terms set out below carefully, since entry to and use of the Website is subject to them, including changes made to them from time to time.

1. Intellectual Property

• The Website and its entire content are protected under intellectual property law, including copyright law and trademark law. The content on the Website includes, for example, videos (cinematographic works), images, texts, illustrations, etc., as well as protected trade names and other symbols.

• All rights in the Website are reserved to the Cinematheque and all rights in the contents appearing on the Website are owned by their creators or by the person to whom their creators granted the rights or a license to use them. Should the details of the proprietor of a particular work not appear in proximity to the work (including through a logo or “watermark” on the work) or on a page designated for the purpose on the Website – the Cinematheque should be contacted to clarify the identity of the proprietor and obtain his contact information to request his consent to use the work.

• Content which is of unknown ownership or the owner of which has not been found – shall be subject to the provisions of section 27A of the Copyright Law, 5768-2007.
• A user of the Website who believes that it contains content that should not be displayed for any reason is asked to send an email message to the Cinematheque at archive@jfc.org.il and if his request is found to be justified the content shall be removed.
• Use of the Website and its content is permitted under the “fair use” terms within the meaning of section 19 of the Copyright Law, 5768-2007. Accordingly, the Website and materials may be used for self-study, research, criticism, review, press reporting, quotations, or instruction and examination by an educational institution,  instruction and examination by an educational institution provided that fair use is made of them in terms of the purpose and nature of the use; the nature of the work being used; the scope of the use in relation to the entire work and the effect of the use on the value of the work. In addition, when using the materials, care must be taken to give proper attribution (credit) to the creator of the work and refrain from taking any abusive action in relation to the work, which may harm the dignity of or denigrate its creator.
• Moreover, making any other use of the Website and the materials which it contains is strictly prohibited, including copying, distribution, sharing, making changes, creating links to the contents, etc., without obtaining prior written permission from Cinematheque or from the owner of the work, as the case may be.

• Should a user of the Website have obtained permission to use a work from its proprietor, use of the work shall be subject to the terms of use that were given to him.

• A user who uploads materials, information or responses to the Website shall by doing so grant the Cinematheque full, unrestricted and gratuitous permission to make use of them by itself or through others in any way, media or format.

1. Links to external sites

• Links may appear on the Website which refers the user to external sites. These have been created for the user’s convenience but are not under the Cinematheque’s control and the Cinematheque is not in any way responsible for and shall not be regarded as having endorsed or recommended their content.

• A user of the Website who believes that a link to external content or an external Website is inappropriate/improper for any reason is asked to contact the Cinematheque by email at archive@jfc.org.il and provided his request is found to be justified that link shall be corrected/removed.

1. Privacy policy

Information gathering

• The use of parts of the Website may be conditional on signing up for the Website or on providing details and personal information (including the user’s facial image). You hereby undertake that the information and details which shall be provided by you are correct and accurate. Moreover, while browsing the Website, information may be gathered and stored about the user of the Website, such as purchase history, movie preferences, etc. All the information data mentioned in this paragraph shall hereinafter be referred to as: “the information”.

• The information items gathered and stored by the Cinematheque during your use of the Website are provided by you voluntarily and with your consent and they shall be stored in the Cinematheque’s database. You are not required by law to furnish the information, but your failure to do so may prevent you from using parts of the Website or the services which it offers.

• In addition, during the use of the Website, information about you may be gathered that does not identify you personally and which shall not be stored together with your identifying details. This is statistical and cumulative information and may include, inter alia, the pages which you have viewed, the links that were selected in them, the Internet (IP) address which you have made contact from, etc. This information shall be referred to hereinafter as: “anonymous information”.

          Use of information

• Anonymous information gathered by the Cinematheque shall be used in accordance with this privacy policy or in accordance with the provisions of any law, inter alia, in order to enable you to browse the Website and enjoy its services, to operate and develop the services and content offered on the Website, to alter or cancel existing services and content, to facilitate the purchase of products and services on the Website (including the posting of information and content), to customize the notifications/advertisements that shall be displayed when you browse the Website to your areas of interest, to enable you to subscribe to updates (direct mail), to cater to Cinematheque’s communication and customer service needs, to conduct research or statistical analyzes of browsing habits and their characteristics, and to comply with any statutory requirements.

When registering on the Website, you shall be asked to indicate whether you wish to receive advertising e-mails from the Cinematheque in accordance with the Communications Law (Telecommunications and Broadcasting), 5742-1982. Should you wish at any stage to stop receiving be this electronic mail you can ask for your details to be removed from the direct mailing list by sending an appropriate message to the following address: archive@jfc.org.il.

Conveying information to third parties

• The Cinematheque may forward the information and the anonymous information to third parties as follows:
• to suppliers, business partners, service providers, contractors, companies which provide information storage services, and all in order to ensure the proper provision of the services and content offered through the applications site, while maintaining your privacy.
• Should you violate this Privacy Policy or carry out, or attempt to carry out, through or in connection with the Website actions which are perceived as being unlawful;
• In any dispute, complaint, claim, demand or legal proceedings, if any, between you and the Cinematheque;

• Should it be obligatory or required by law, pursuant to a judicial order or administrative directive to convey your details or information about you to a third party;
• Should the Cinematheque assign its activity to another corporation, for any reason, the Cinematheque may forward to the new corporation a copy of the information which has been accumulated about you or any statistical information in its possession, provided that the new corporation shall accept upon itself the provisions of this privacy policy towards you;
• When participating in activities which are advertised by the Cinematheque or when purchasing products or services which were sold on the Website within the framework of joint activity between the Cinematheque and third parties (including state authorities) as displayed on the Website before purchasing the product or service in question in order to complete the purchase process, manage the relevant content activity and maintain contact with you.

• You hereby consent to the transfer of the above information to third parties located outside Israel’s borders, even if the law of the country to which the information is being transferred or in which the information is being stored ensures less protection than the protection prescribed for information under Israeli law.

Cookies

• Cookies are text files that your browser creates on command from the Cinematheque’a computer. Some cookies will expire when the browser is closed and others are stored on the hard drive of the device you are using. Cookies contain a variety of information such as the webpages you visited, the length of time you were on the Website, from where you arrived to the Website, sections and information that you request to see when entering the Website, etc.

• The Cinematheque may use “cookies” on the Website in order to gather statistical data about its use, verify details and customize the browsing experience in it and its contents to your personal preferences and data security needs.

• Should you wish to avoid receiving cookies, you can do so by changing your browser settings. If you do not know how to do this, check the help file of the browser you are using.

Right to inspect information

• You are entitled under the Protection of Privacy Law, 5741-1981 (“Privacy Protection Law”), to inspect information about you which is stored in the Cinematheque’s database. Should you have inspected the information about you and found it to be incorrect, incomplete, unclear or out of date, subject to the applicable law you may ask Cinematheque to correct or delete the information by emailing it at archive@jfc.org.il.
• Should the information in the Cinematheque’s databases be used for the purpose of contacting you personally (direct mail), you are entitled under the Protection of Privacy Law to demand in writing that the information relating to you be deleted from the database.
• The deletion of the information at your request may eliminate the possibility of performing various actions and prevent the use of part of the Website or its services.

Right to complain to the Privacy Protection Authority

Should you feel that we have infringed your privacy under the Privacy Protection Law you may at any time file a complaint with the Privacy Protection Authority, which is the body entrusted in Israel with the implementation of the Protection of Privacy Law and its Regulations. For your convenience, the following is a link to the public complaints and inquiries page on the Privacy Protection Authority’s Website:

https://www.gov.il/he/Departments/General/public_inquiries_ilita

Data security and cyber protection

• As is known, the Internet is exposed to various risks – hacking databases, copying or altering information which appears in them, online scams such as “phishing” (retrieval of information by hostile parties while impersonating an authorized party), etc.
• While the Cinematheque takes advanced measures to secure the information stored on the Website and the services provided through it, it naturally cannot completely prevent the realization of all the said risks. Accordingly, the user of the Website hereby exempts the Cinematheque and anyone acting on its behalf, from any liability for any damage, loss or expense which he may directly or indirectly sustain or incur while or as a result of using the Website and its contents.

• It is the user’s responsibility to keep his identification information for the Website confidential, as well as to act vigilantly and cautiously, for example, in relation to “phishing” messages, which may appear to be sent in the Cinematheque’s name. In this regard, the Cinematheque recommends using additional security measures of the computer operating system and appropriate software, as well as refraining from using the identified services which are on the Website through public computers and networks.

1. Rules of conduct in the online environment

• The Website is governed by the laws of the State of Israel, as well as, in certain cases, laws controlling the transfer of information outside its borders.

• A user who uploads material, information or a response of any kind to the Website bears full responsibility for his actions.

• Without derogating from the generality of the foregoing, uploading defamatory content, materials which harass or threaten others, materials engaging in unlawful activity,  materials which infringe on the intellectual property rights of another, degrading, pornographic, obscene, disrespectful or illegal materials, materials which include an advertisement or commercial solicitation, materials related to party- political activity and any material which deliberately includes misleading or inaccurate information which is uploaded with the intention of deceiving others, is strictly prohibited.
• The user is strictly prohibited from misusing the Website and its services, including by disrupting or hindering the services provided on the Website, creating remote access to them, via any means, copying materials from the Website by technological or other means, etc. Interfering with the use or enjoyment of the Website by another user and unauthorized access the Website or to the accounts of its other users, is likewise prohibited.

1. Services for which payment is required and cancellation of transactions

• Some of the services (including use of content licenses) which are provided within the framework of the Website involve payment to the Cinematheque or to the proprietors of its content.

• Should the purchase of services be canceled as required, the Cinematheque shall refund the purchaser his money, in accordance with the provisions of the law, including the Consumer Protection (Cancellation of Transaction) Regulations, 5771-2010, although the Cinematheque may also charge the purchaser the expenses which it paid to the credit card company for the transaction and a cancellation fee amounting to 5% (five percent) of the value of the order, or if less, NIS 100.

• As a rule, a one-time purchase of viewing services cannot be canceled once the order has been placed.

• A monthly subscription can be canceled by notifying the Cinematheque, in which case the cancellation shall take effect in the month following the cancellation notice.
• For the avoidance of doubt, no refund shall be given for non-use or partial use of a subscription.

Responsibility

• The service which is being offered to users of the Website is “AS IS”.

• The Cinematheque shall not be responsible for adapting the services provided within the framework of the Website to the user’s needs and nor shall it be held accountable for errors or omissions in the materials or information presented on the Website, or liable for any damage or expense which the user or any third party directly or indirectly sustained or incurred as a result of using the Website, including damage caused by the use of software applications which were downloaded directly through the Website or activated as a result of using the Website directly or indirectly.
• The user confirms that he is aware that operation of the Website may be disrupted by Internet downtime or problems, whether as a result of force majeure, operation or upgrade, or as a result of any malicious action by third party and/or as a result of any malfunction, and he relinquishes any claim in the matter against the Cinematheque or any of its representatives.

• The Cinematheque shall not bear responsibility for changes made to the material displayed on the Website, by the user or by any third party.
• The Cinematheque has the right, in its discretion and for any reason, to partially or completely edit or remove publications of any kind which shall be uploaded to the Website, by users or any other party, without notifying them in advance or ex post facto.

1. Miscellaneous

• “Cinematheque” as defined above, includes all its employees and representatives.
• The Cinematheque may change the Website’s terms of use at any time, and any such change will take effect immediately upon being displayed on the Website.
• The Cinematheque may, should it see fit in its sole discretion to do so, suspend the provision of or stop or refrain from providing access to the Website or the services to a user who does not comply with the terms of use or some of them, or while the Cinematheque or any competent authority is investigating suspected unlawful conduct or conduct which is at variance with the terms of use when using the Website.
• For any inquiries or questions regarding the activity of the Website, you may contact us via the email address: archive@jfc.org.il.

• Jurisdiction: The competent court in Jerusalem shall have exclusive jurisdiction to adjudicate, in accordance with the laws of the State of Israel, the Website’s terms of use and any claim or dispute pertaining to these terms of use.

• While for reasons of convenience, the Website’s terms of use and the Website itself are worded in the masculine gender, they apply equally to both men and women.

The Cinematheque wishes you a productive, challenging and enjoyable experience using the Website and its contents.