1. This document sets forth the Terms of Use of the Docutext Festival System (the “System”). The System is operated by the National Library Ltd. (a Community Interest Company).
2. The System is a video-on-demand (VOD) system, designed for viewing documentaries and other films uploaded to the System. The System operates on the docutext.nli.org.il website. The Terms apply to use of the System, whether accessed through the Docutext website operated by the National Library, or through any application, or any URL, or social media pages to which it may be linked in the future, and to the Internet and/or social media pages and/or any other app related to them.
3. The films in the System are transmitted with encryption (“DRM”) to protect them from copyright infringements. Therefore, the movies can be viewed only on end user devices by means of browsers or applications that support encryption as detailed hereinafter:
Movies can be watched from a laptop or desktop using the latest Chrome or Firefox or Edge browser. There may be difficulties and interruptions in viewing from other or out-of-date web browsers.
There may be difficulties or interruptions in viewing from smart TV operating systems.
4. For any questions and/or clarifications and/or inquiries, please contact us by email at: [email protected]
5. The Terms of Use constitute a contract between the National Library and the person using the System (“User”). By logging onto the System or making any other use of it, you agree to these Terms of Use. If you do not agree to these Terms, please refrain from using the System.
6. To use the System, you must provide information to the System. Details about the information we collect and the uses we make of this information can be found in our Privacy Policy.
The Right to Use the System
7. Use of the System is based on a pay-per-view fee for each movie that the User chooses to view.
8. The service is available for viewing within the borders of the State of Israel only. Films cannot be viewed outside the State of Israel.
9. The National Library may from time to time apply various rules with respect to use, including any stipulation that use of the System, or certain features of it, will be conditional on registering and creating an account (“Account”), or any other terms and conditions. Upon registration and creation of an Account, the Account will be personal, and all information transmitted for the purpose of registration to the System must be correct and accurate. All Account activity is exclusively at the User’s risk.
10. The National Library may prevent, cancel, or restrict the right of use of any User who has violated these Terms at any time, without need for justification and/or prior notice.
Payments
11. Watching a movie is subject to paying a viewing fee in advance. The viewing fee is as noted on the website periodically. Payment of the fee gives the User the right to watch the film privately and non-commercially. Each movie will be available for 24 hours from moment you start viewing it, and can be viewed up to five times.
12. Payment of the viewing fee is made by credit card. After receiving payment, the film will be unlocked for viewing.
13. Payments are made through external providers, and require provision of sensitive information, such as a credit card number, cardholder name, and other details. Credit card details are provided directly to external providers who use advanced information security measures, and are not transmitted to the National Library. The National Library is not responsible or liable for any information provided to the external provider.
14. Authorization to charge a credit card or method of payment provided by the User for the purpose of purchasing a right to view will also be valid for charging a credit card or method bearing another number which is issued as a replacement of the card or method, and any inquiries on this matter must be addressed to the credit card company.
15. The System viewing fees include VAT, if applicable. The National Library may change the viewing fees time to time, at its exclusive discretion.
16. The order to view a film may be cancelled in accordance with the instructions on the website if you have not yet begun viewing a film, provided that the request for cancellation is submitted before the end of the Festival. Upon cancellation, the viewing fee will be refunded. The order cannot be cancelled after you have begun viewing a film, or after the end of the Festival.
Intellectual Property and the Protection of Information
17. Copyright and other intellectual property rights, including trademarks and/or patents and/or design marks in the System and the contents contained therein, including texts, exercises, design, graphics, photographs, System logo, System name, and System software, belong exclusively to the National Library and/or it its service providers. All these rights are reserved. The rights in the films belong to the entities (producers, studios, distributors, etc.) that have granted the National Library license to include them on the System.
18. You may not copy, record, store on any media, publish, perform publicly, broadcast, make available to the public, rent, create a derivative work, or in any other way distribute the films and/or other content of the website, or make any use of the films, other than viewing them in accordance with the details of the order. Breaching the DRM measures protecting the films constitutes an offence, and may result in sanctions on behalf of the owners of the copyright in the films.
Third Party Materials and Complaints
19. The films and some of the information and other content published on the System, including advertising materials, were created by third parties (hereinafter: “Third Party Materials”). The National Library is not responsible for the Third Party Materials, or anything contained therein.
20. Any person and/or entity believing that any film and/or Third Party Material infringes copyright and/or other rights belong to him, or that said Material is in any other way harmful to him, is requested to contact the National Library by email at [email protected]_, accurately noting the location of the offending material according to its URL, with details of the nature of the injury, and indicating an email address for a reply.
21. The National Library will do its best to handle any inquiries as soon as possible, but does not guarantee that the outcome will be in accordance with the petitioner’s demands. In any event, the National Library will act in accordance with all legal requirements.
22. Links that appear in the System are a service to Users. The placing of any link does not constitute any assumption of responsibility with respect to the linked material and/or any seal of approval and/or recommendation regarding it.
Privacy and Sensitive Information
23. The National Library takes measures to safeguard the privacy of Users. However, there is no way to absolutely guarantee that information provided through the Internet or any communications network will not be exposed as a result of malicious or criminal activity by third parties, or due to other reasons outside the National Library’s control.
24. By providing details for the purpose of purchasing a film, you expressly agree that the National Library may send you information and offers and advertising mail (within the meaning of this term in Amendment No. 40 to the Communications (Bezeq and Broadcasting) Act 1982-5752), on behalf of the National Library, via all the means of communication provided by you. You may request the removal of your details from the mailing list used by the National Library for this purpose, at any time, by sending a request to [email protected] , or in any manner made available to you within this Clause.
25. Further details about the information we collect in connection with Users, and the use made of it, are published in the Privacy Policy.
26. The National Library will not make, use and/or allow any other party to make use of information about System Users for the purpose of sending advertising and/or commercial mail, and will not activate and/or send to the System and/or any User any software and/or other application that may harm the System and/or third parties, or make use of “crawlers,” “bots,” etc., and no System User is allowed to perform any of the aforementioned operations. However, legitimate search engines are allowed to scan the System, as customary, for the purpose of creating links from the search engine.
Indemnity
27. The User will compensate and indemnify the National Library for any damage and/or loss and/or expense incurred, including legal costs, as a result of violating the provisions of these Terms of Use and/or any other act and/or omission by the User.
Troubleshooting
28. The National Library will do its best to correct System malfunctions as quickly as possible. However, the National Library will not be responsible for any payment and/or bear any liability for any damage and/or loss caused to the User as a result of a System failure and/or for any damage caused as a result of any intentional and/or negligent act by a third party and/or any other party beyond its control. In particular, and the foregoing notwithstanding, the National Library will not bear any responsibility for loss of any information stored in the System, and does not guarantee that this information will be retained and/or protected.
29. The foregoing notwithstanding, if, as a result of a malfunction in the System (as opposed to another reason, such as a malfunction in your computer or device), you are prevented from viewing a movie for which you have paid a viewing fee, please send the National Library the relevant details. If it transpires that the complaint is justified, the National Library will refund the paid viewing fee.
30. The National Library does not undertake to maintain backups of any materials stored in the System.
31. The foregoing notwithstanding, the National Library may proactively disable the System from time to time for maintenance and/or upgrading and/or updating actions, and delete any material stored in any part of the System, including in forums, at its exclusive discretion.
Miscellaneous
32. These Terms of Use apply in addition to all the terms and conditions published in the System itself. In any case of conflict between these Terms of Use and any provisions in the System itself, these provisions will be interpreted, as far as possible, as complementary. To the extent that such interpretation is not possible, the provisions of these Terms of Use shall prevail.
33. The National Library may change or update the Terms of Use at any time. Any such change or update will take effect upon publication in the System. It is recommended that you check the Terms of Use from time to time for changes or updates.
34. Everything stated in the singular also implicitly refers to the plural, and vice versa, if the context does not so imply otherwise.
35. The National Library may at any time transfer ownership of the System and/or the right to operate it in full and/or in part, to any other party, copy and/or transfer the System in its entirety and/or in part to any other address and/or change the name of the System and/or suspend its activity and/or shut it down altogether. The User and/or any agent thereof will have no claim and/or legal action and/or demand vis-à-vis the National Library in connection with the aforementioned.
36. These Terms of Use represent the full extent of all that is agreed upon between the parties. Any prior agreements and/or understandings are hereby null and void. Every change to these Terms of Use shall be in writing only. Clause headings in these Terms of Use are for convenience only, and this Agreement should not be interpreted in accordance with them.
37. The law applicable to these Terms of Use is the law of the State of Israel. The competent courts in the city of Jerusalem have unique jurisdiction to entertain any dispute between the parties in connection with this Agreement and/or arising herefrom, wherever the parties may reside.