TERMS OF USE & PRIVACY

Welcome to SARABBRENER.COM (the “Site”), which is operated by SARA B BRENER (the “Operator”). The Site allows you to purchase products offered for sale on the Site, (the “Products”), to view information with respect to such Products and to view other content available on or through the Site, from time to time (the “Content”); and all together, the “Services”, all subject to the terms set forth hereunder.

These Terms and Conditions of Use (the ‘Terms of Use’) apply to the website located at sarabbrener.com. The Site is the property of the operator.
BY ACCESSING THE SITE, YOU ARE AGREE TO THESE TERMS OF USE IF YOU DO NOT AGREE TO THESE TERMS, as updated or modified from time to time, and any such additional rules implemented by the Operator from time to time, DO NOT USE THE SITE.

The site or/and the operator reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, sarabbrener.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

The use of the Services is for your personal use only; any commercial use is strictly prohibited.

All text, graphics, logos , visual interfaces, photographs, trademarks, user interfaces sounds, music, artwork and computer code or any other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such content, contained on the site is owned, controlled or licensed by or to the operator, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without the operator’s express prior written consent.

USE OF THE SITE

1. The use of the Services is for your personal use only; any commercial use is strictly prohibited. To remove any doubt, Operator prohibits the use of any malicious computer application or any other tool, including crawlers, robots and similar devices in order to search, scan, copy or automatically retrieve Content from the Site. The creation of any database or similar collection of information containing any Content is prohibited. Without derogating from the foregoing, you are prohibited from using any applications/systems that are aimed to harvest email addresses from the Site or to collect information with respect to any other person. Hacking the Site constitutes a criminal offense. The foregoing prohibition does not relate to search engines which directly link to the Site.

2. For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any and may not transfer them to a third party. You further undertake to provide true, accurate, current and complete personal information as may be required in order to use the Services and to promptly update any such information as required. In any case of a concern or suspicion that any person or an entity is accessing your user account or otherwise misusing your personal information or impersonating another person, you must immediately inform the Operator. The Operator shall not be liable for any such unauthorized use, but you may be liable for the losses of Operator and/ or third parties arising from such unauthorized use.

3. The Operator may prevent or interrupt your use of the Services at its sole discretion at any time, with or without reason. Without derogating from the foregoing, Operator may terminate your use of the Services in any case you misuse the Services or in the event you use the Services in a manner that causes damage or might cause damage or injury to the Site, the Operator or other users and/ or if you acted unlawfully and/or did not act in accordance with these Terms of Use.

4. The Operator makes no warranty that the Services will operate uninterrupted, error-free and/ or free from viruses, worms, malware or other limitations to its functioning and disclaims all liability in this respect.

5. You undertake to immediately inform Operator of any offensive, misleading, or inappropriate advertising you may encounter while using the Services.

INTELLECTUAL PROPERTY

1. You acknowledge and agree that by using the Services you do not acquire any rights to the Content or any other intellectual property right and/or any inherent rights in and to the Site and/ or related to the Services (including without limitations, Operator’s trademark and logo), except for the right to privately use the Services as set forth in and subject to these Terms of Use. The Operator and its third party licensors, to the extent applicable, own all intellectual property rights related to the Services, including without limitations website design, layout and presentation of the information, images, graphic files, applications, computer code, text, and/ or any other material related to the Site, as well as any and all intellectual property rights related to or embedded in the Products.

2. You undertake (i) not to use, copy, publicly display, distribute, duplicate, transmit to the public, modify, adapt, or make derivative works from, sell or lease any of the intellectual property of Operator or its third party licensors, unless as specifically authorized by Operator in writing; and (ii) not to challenge or interfere with Operator’s intellectual property rights in any way.

3. You undertake to indemnify Operator and its third party licensors for and against any and all losses, expenses and/ or damages they may incur in connection with a breach of your undertakings under this section.

THIRD PARTY CONTENT

During the use of the Services, certain content, data, information or other materials from third parties (“Third Party Materials”) or links to certain third party websites may be made available to you. The Operator assumes no responsibility with respect to the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, privacy policies, or practices of such third party websites or any Third Party Materials. The Operator disclaims any and all damages, claims or other liability arising from or related to your use of Third Party Materials or third-party websites or services.

COLLECTION OF PERSONAL INFORMATION

1. When using the Services, you will be requested to provide certain Personal Information (as defined hereafter) to Operator and other third parties. “Personal Information” is individually identifiable information about you that Operator collects online, including without limitations, your name, user name and password, email address, phone number, physical address, financial information, and your credit card information and other billing information. Information provided by you that is further processed and/ or anonymised so that you cannot reasonably be linked to such information is not considered “Personal Information” and shall therefore not be subject to the terms hereof.

2. You may choose to limit the Personal Information provided to Operator but this may mean that you will be unable to use the Services to their full extent.

USE AND STORAGE OF PERSONAL INFORMATION

1. By using the Site, you agree that Operator may store any Personal Information provided by you as part of your use of the Services in Operator’s database. Operator will solely use such personal information to fulfill its obligations to you and as set forth in Sections 3.2 and 3.4 below.

2. You hereby authorize Operator to send you periodical updates on the Products, and other marketing content, including via direct mail, all according to the Israeli Communications Law. Marketing content may be sent in a variety of ways, including via e-mail, mobile phone text messages (SMS), fax, direct mail, automated telephone dialing etc.

3. Operator will not share your personal information with third parties, without your express consent or (i) as required by law; (ii) to protect and defend Operator’s rights and property (including enforcement of agreements); or (iii) to act in urgent circumstance to protect the personal safety of users of our services or members of the public.

AUTOMATIC COLLECTION OF INFORMATION

The Site may track basic information about its visitors and users including, without limitations, IP addresses, browser and operating system type, timestamps, time spent on the Site and its different sections, URLs visited etc. The Operator does not use any of this information to personally identify specific users, but rather for administration, maintenance, service improvement, promotional and aggregate analytics purposes.

USE OF COOKIES AND CLEAR GIFS

Operator may from time to time use “cookies”. Cookies can be used for a variety of purposes, including to collect statistics of your use of the Site, verify details, make adjustments to your personal preferences, analyze Site usage, and improve content, for information security needs and for other customer service purposes. All of these purposes serve to improve and personalize your experience on the Site. Some of the cookies may expire when the session ends and you exit your browser. Other cookies are saved on your computer’s hard drive. If you don’t want to receive cookies you can avoid this by modifying the settings in your browser, however, disabling cookies may disrupt your user experience of the Site.

­DATA SECURITY

Operator is committed to keeping your Personal Information private and takes reasonable measures to protect your Personal Information from misuse, loss and unauthorized access. However, you acknowledge that the use of the Internet and email messages bears inherent risks with respect to the privacy of data transmitted and that we cannot guarantee that your use of the Site, and our storage of your Personal Information is 100% secure from unauthorized and/ or malicious access, use or corruption. You acknowledge that you must bear all loss and/ or damage caused by such risks and that Operator and Operator Parties will have no responsibility with respect thereto.

BUSINESS TRANSACTIONS

Operator may in the future, in its sole discretion, consummate a business transaction, such as a merger, acquisition by another company, or sale of all or a portion of its assets. The Personal Information of users of the Services will likely be among the assets transferred in such a transaction.

AMENDMENTS AND CHANGES

Operator may from time to time update, modify or replace this Privacy Policy, in whole or in part and at its discretion, without any obligation to provide you prior notice thereof. You acknowledge that you shall be responsible for keeping updated on applicable changes to the Privacy Policy, and your continued use of the Services following the posting of amended Privacy Policy shall be deemed your agreement thereto.

WARRANTY

1. The Products are original unused products.

2. You acknowledge and agree that the picture of a Product may not accurately depict such Product and you acknowledge specifically that slight variations in color may be possible due to lighting differences. Such shall not constitute a Product “defect”.

3. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Operator does not warrant that any of the Services is accurate, complete, or up-to-date. The Services might include technical, typographical, or photographic errors.

4. The Operator may amend the Services at any time without notice. The Operator does not, however, commit to update the Services.

5. EXCEPT FOR THAT SET FORTH HEREIN ABOVE, THE OPERATOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THE SERVICES AND/ OR THE PRODUCTS.

6. To the extent applicable law is inconsistent with the foregoing limitations, these may not apply to you.

7. The above limitations shall survive your termination of use of the Services.

LIMITATION OF LIABILITY

1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OPERATOR, ITS OFFICERS, EMPLOYEES, AGENTS AND/ OR SHAREHOLDERS (“OPERATOR PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTENT, PRODUCTS, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THE SITE OR ANY THIRD-PARTY MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE OPERATOR PARTIES’ LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

3. To the extent applicable law is inconsistent with the foregoing limitation you agree that Operator Parties’ liability shall be limited to the fullest extent permitted by law.

4. The above limitations shall survive your termination of use of the Services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless sarabbrener.com and the Operator and its Parties including , its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your violation of any term of the Terms of Use; (2) your breach of any law or regulation applicable to you; and/or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive termination of your use of the site.

FORCE MAJEURE

Operator shall not be deemed to be in breach of her agreement with you to the extent that its failure to comply with such terms arises from Force Majeure. “Force majeure” means any war, acts of terror, civil commotion, strikes, lockouts, accidents, epidemics, and any other event of any nature or kind whatsoever beyond the control of the Operator that directly or indirectly hinders or prevents the Operator from commencing or proceeding with performance of its obligations. Operator will inform you of the occurrence of a Force Majeure event as soon as reasonably practicable.

GOVERNING LAW; JURISDICTION

1.The laws applicable to these Terms of Use are solely the laws of the State of Israel. You hereby agree to the exclusive jurisdiction of the competent courts in Tel Aviv, Israel, with respect to any disputes arising from your use of the Services, the purchase of Products or otherwise in connection with these Terms of Use.

2.You are welcome to contact us with any questions you may have about this Site or these Terms of Use at sara.b.studio1@gmail.com

3.To the extent you are located outside of Israel, certain mandatory legal provisions of your jurisdiction may also be applicable to you.

CHANGES TO TERMS OF USE; ASSIGNMENT

1. Operator may from time to time update, modify or replace these Terms of Use, in whole or in part and at its discretion, without any obligation to provide you prior notice thereof. You acknowledge that you shall be responsible for keeping updated on applicable changes to these Terms of Use, and your continued use of the Services following the posting of amended Terms of Use shall be deemed your agreement thereto. The Terms of Use applicable at the time of placement of your order, to the extent related to your purchase of Products, shall be applicable to that order.

2. Any agreement concluded between you and Operator pursuant to these Terms of Use, or any right or obligations there under, may not be transferred or assigned by you. Operator reserves the right to assign its rights and/ or obligations under any agreement with you to any third party, in its discretion.

PRIVECY PREVENTION

sarabbrener.com and Sara B Brener actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The information contained in this website is subject to change without notice.

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