Last Revised: May 4, 2020
The Dan David Foundation, in collaboration with Tel Aviv University, d/b/a as the Dan David Prize (“Dan David Prize”, “we”, “our”) welcomes you (the “User(s)”, or “you”) to our primary website at https://www.dandavidprize.org/ (and its subdomains) (the “Site”). Our Site offers basic information regarding the Dan David Prize, and provides certain services to our Users and nominees. Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.
Acceptance of the Terms
The Site is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and their organization) and to form a binding agreement under any applicable law. You hereby confirm that you possess the legal authority to enter into these Terms on your and your organization’s behalf and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder. For the record, any act or omission performed by you in connection with the Site shall obligate you and your organization.
The Dan David Prize is an international award, endowed by the Dan David Foundation and headquartered at Tel Aviv University. The Dan David Prize recognizes and encourages innovative and interdisciplinary research that cuts across traditional boundaries and paradigms. It aims to foster universal values of excellence, creativity, justice, democracy, and progress and to promote the scientific, technological and humanistic achievements that advance and improve our world. The prize is granted to individuals or institutions with proven, exceptional, distinct achievements in the sciences, arts, humanities, public service, and business, that have made and continue to make an outstanding contribution to humanity on the basis of merit, without discrimination of gender, race, religion, nationality, or political affiliation.
The Site provides general information regarding the Dan David Foundation and the Dan David Prize and enables its Users, inter-alia, to nominate individuals and organizations for the Dan David Prize, apply for scholarships provided by the Dan David Foundation and subscribe to our newsletter.
The Site provides comprehensive information regarding the Dan David Foundation , and may include, inter-alia, (information regarding the Dan David Prize), its board members, its staff, international collaborations, nomination guidelines, media & events, including any other related content such as contact information, videos, text, files, blogs, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications, materials, designs, data, the “look and feel” of the Site, algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”).
(collectively, the “Services”)
For the record, the Site serves mainly for informational purposes.
The Content does not bind the Dan David Prize in any form, and in any case where the Content contradicts or is inconsistent with separate agreements executed directly between the Dan David Prize and you, only information supplied by the Dan David Prize on a first person basis shall prevail.
ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE SITE ARE RESERVED TO THE DAN DAVID PRIZE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE SITE AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. THE DAN DAVID PRIZE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN.
YOUR USE OF THE SITE AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.
Note: Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time.
Eligibility for the Dan David Prize and Scholarships
The Site enables Users to nominate individuals and organizations for the Dan David Prize and apply for scholarships provided by the Dan David Foundation. All submissions are subject to the nomination guidelines and scholarship application guidelines, available on the Site.
All applications and nominations are reviewed by the Dan David Prize staff, and the eligibility is subject to availability of funding, the Dan David Foundation’s sole discretion and to any additional terms and conditions determined by the Dan David Prize.
Please note that in order to complete the nomination or the scholarship application process, you may be required to provide additional information and/or administrative procedures, as determined by the Dan David Prize.
Institutions whose applications are successful will receive a contribution agreement for the administration and disbursement of scholarships to the recipients (i.e., the student).
Selection decisions regarding nominees and scholars are final and are not open to appeal and the Dan David Prize will not be obligated to provide feedback to unsuccessful candidates.
The Dan David Prize is committed to equal opportunity, and no nominee or applicant will be treated less favorably than another on the grounds of gender (including gender reassignment), marital or parental status, race, ethnic or national origin, color, disability, sexual orientation, religion or age. The primary consideration in the selection of nominees or applicants will be an ability to meet the selection criteria in accordance with the nomination guidelines or the scholarship application guidelines.
There are certain activities that are strictly prohibited when using the Site. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at the Dan David Prize’s sole discretion) in the termination of your access to the Site and/or its Content and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by the Dan David Prize, you may not (and you may not permit anyone else to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purpose; (b) use the Site and/or Content for non-personal or commercial purposes; (c) remove or disassociate from the Content and/or the Site any restrictions and signs indicating proprietary rights of the Dan David Prize or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ right to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Dan David Prize endorses you, your Site, your business or any statement you make, or present false or inaccurate information about the Site; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by the Dan David Prize on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, [reduce to human readable form], decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to the Dan David Prize’s proprietary rights, including the Dan David Prize’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other Site or networked computer environment for any purpose without the Dan David Prize’s prior written consent; (l) create a browser or border environment around Dan David Prize Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or the Content; (n) frame or mirror any part of the Site without Dan David Prize’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site are not intended; and/or (s) infringe and/or violate any of the Terms.
Contacting us via the Site
Intellectual Property Rights
The Site, the Content and the Dan David Prize’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Dan David Prize and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Dan David Prize and its licensors.
The Terms do not convey to you an interest in or to the Dan David Prize’s Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Dan David Prize’s Intellectual Property under any law.
To the extent you provide any feedback, comments or suggestions to the Dan David Prize (“Feedback”), the Dan David Prize shall have an exclusive, royalty-free, fully paid, worldwide, perpetual and irrevocable license to incorporate the Feedback into any current or future Dan David Prize products, technologies or services and use the same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback will be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require the Dan David Prize to comply with any additional obligations with respect to any Dan David Prize current or future products, technologies or services that incorporate any Feedback.
Trademarks and Trade names
The Dan David Prize’s marks and logos and all other proprietary identifiers used by the Dan David Prize in connection with the Site (“The Dan David Prize’s Trademarks”) are all trademarks and/or trade names of Dan David Prize, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Dan David Prize’s Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will refrain from using any of these marks, except as permitted herein.
Linking to Dan David Prize’s Site and links to Third Party Sites
We welcome links to any page on our Site. You are free to establish a hypertext link to the Site so long as the link does not state or imply any connection or approval of your websites, products and/or services by the Dan David Prize, and does not portray the Dan David Prize in a false or otherwise offensive manner. You may not link to our Site from sites that you do not own or have permission to use. In the event that you link to the Dan David Prize’s Site, you represent that your sites do not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.
The availability and functionality of the Site depend on various factors, including communication networks. The Dan David Prize does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free or immune from unauthorized access.
Changes to the Site
The Dan David Prize reserves the right to modify, correct, amend, enhance, improve, make any other changes to or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that the Dan David Prize will not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that the Dan David Prize is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
Disclaimers and No Warranties
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND THE DAN DAVID PRIZE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “THE DAN DAVID PRIZE REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.
WE NOTE THAT THESE TERMS GOVERN SOLELY THE USE OF THE SITE. ALL DISCLAIMERS AND WARRANTIES REGARDING ANY SCHOLARSHIP, PRIZE OR OTHER SERVICES DETAILED OR GIVEN ON THE SITE, SHALL BE GOVERNED BY THE TERMS AND CONDITIONS REFLECTED IN A SEPARATE AGREEMENT BETWEEN THE DAN DAVID PRIZE AND ITS USERS, NOMINEES, APPLICANTS, LAUREATES AND/OR SCHOLARS.
WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE SITE AND/OR THE CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). THE DAN DAVID PRIZE AND THE DAN DAVID PRIZE REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO ANY CONTENT AND/OR INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY INFORMATION OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE DAN DAVID PRIZE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
YOU AGREE THAT USE OF THE SITE AND/OR THE CONTENT THEREIN IS ENTIRELY AT YOUR OWN RISK.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
Limitation of Liability
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE DAN DAVID PRIZE, INCLUDING THE DAN DAVID PRIZE REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION, ARISING HEREUNDER, RESULTING FROM OR ARISING FROM THE SITE, AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT, OR FROM THE PERFORMANCE OR FAILURE OF THE DAN DAVID PRIZE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE DAN DAVID PRIZE OR THE DAN DAVID PRIZE REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE DAN DAVID PRIZE OR THE DAN DAVID PRIZE REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE DAN DAVID PRIZE’S AND THE DAN DAVID PRIZE REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE AND/OR THE CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE DAN DAVID PRIZE FOR THE USE OF THE SITE OR $US1.00, WHICHEVER IS GREATER. YOU WILL NOT, AND HEREBY WAIVE, ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM US AND FROM DAN DAVID PRIZE’S REPRESENTATIVES.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
You agree to defend, indemnify and hold harmless the Dan David Prize, including the Dan David Prize Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Site and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party, in connection with your use of the Site; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site. It is hereby clarified that this defense and indemnification obligation will survive these Terms.
Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Amendments to the Terms
The Dan David Prize may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with your e-mail address) regarding such a change. Such material changes will take effect seven (7) days after such notice was provided on our Site or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
Termination of these Terms and the Termination of the Site’s operation
At any time, the Dan David Prize may, without notice, discontinue your use of the Site, at its sole discretion, in addition to any other remedies that may be available to Dan David Prize under any applicable law.
Additionally, the Dan David Prize may, at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that the Dan David Prize does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive.
(a) These Terms constitute the entire terms and conditions between you and the Dan David Prize relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Dan David Prize, (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising from or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that the process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, the Dan David Prize may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING FROM OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by the Dan David Prize, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to [email protected].