Aish Audio

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Aish HaTorah-Voices From Jerusalem, Inc. provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!

Terms and Conditions of Use Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND AISH HATORAH-VOICES FROM JERUSALEM (AISH HATORAH-VFJ), INC. ("WE", "US", OR "AISH HATORAH-VFJ") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE AISHAUDIO DOWNLOAD SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF AISH HATORAH-VFJ 'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND AISH HATORAH-VFJ. BY ACCESSING THE AISHAUDIO DOWNLOAD SITE AND USING ANY OF THE AISHAUDIO DOWNLOAD SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

Definition of the Aishaudio Download. Aish HaTorah - Voices From Jerusalem is the creator and provider of a service (the "Aishaudio Download") that permits users to select proprietary audio consisting of licensed and original audio content (collectively, the "Aish Content") through means including but not limited to (i) the Aishaudio Download Web site, aishaudio.com, and such other or successor domain names as may be operated, acquired, or used from time to time by Aish HaTorah - Voices From Jerusalem (collectively, "Aishaudio Download Site"), (ii) wired and wireless connections, and (iii) telephony based networks; and to playback such Aish Content on a computer or hardware device.

Requirements for Use of the Aishaudio Download. The Aishaudio Download Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the Aishaudio Download Service.

Privacy. Aish HaTorah - VFJ 's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

Your Information. You agree to provide current, complete, and accurate information required to complete your registration with the Aishaudio Download Service and at other points as may be required in the course of using the Aishaudio Download Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the Aishaudio Download Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide (including credit card information) for use in maintaining your accounts and billing Aishaudio Download fees to your credit card.

User Account, Password, and Security.

Account and Password. As a registered user of the Aishaudio Download Service, you may receive or establish one or more passwords and accounts ("Aishaudio Download Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Aishaudio Download Accounts. You may not divulge your password to anyone else or use anyone else's password or Aishaudio Download Account. You are entirely responsible for all activities that occur on or through your Aishaudio Download Account(s), and you agree to notify us immediately about any unauthorized use of Aishaudio Download Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Aish HaTorah-VFJ Account(s), and may also subject you to criminal or civil liability.

Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Aishaudio Download Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Aishaudio Download Service.

Grants of Licenses

Aishaudio Download License. When you "clickout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Aish Content from the Aishaudio Download Service, Aish HaTorah-VOJ grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Aish Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Aish Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Aish Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Aish Content or attempt to do so; or (B) modify the Aish Content or create any derivative works therefrom. This license to the Aish Content you Purchase will continue for as long as your copy of Aish Content exists pursuant to and in accordance with the terms and conditions of this Agreement.

Site Access License. Aish HaTorah-VOJ grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Aishaudio Download Site and not to download (other than page caching) or modify all or any portion of the Aishaudio Download Site. This license does not include any resale or commercial use of the Aishaudio Download Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Aishaudio Download Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Aishaudio Download Site and/or any portion of the Aishaudio Download Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Aish HaTorah-VOJ, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Aishaudio Download Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Aish logo or other proprietary graphic or trademark as part of the link without express written permission.

No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

Aish Plans, Gift Certificates and Programs.

Aish Plans. You agree to participate in one of the several plans we offer for using and paying for the Aishaudio Download Service. All of these plans, including the Individual Plan and Monthly Plans, will be referred to herein, collectively, as "Aish Plan(s)", and are described in Policy on Aish Content Plans, which is expressly incorporated herein by reference and made a part of this Agreement.

Cancellation of your Aish Plan. You may cancel your subscription to particular Aish Content ("Subscription") or by contacting our Customer Service Department via telephone at 1-800 VOICES3 subject to the terms and conditions set forth in our Policy on Aish Content Plans.

Agreement to Pay. You agree that you will pay timely, and that we may charge your credit card for any Aish Content, Subscription, Aish Plan, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Aishaudio Download Account(s) (collectively, "Aish Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL AISH FEES AND FOR PROVIDING AISH HATORAH-VFJ WITH A VALID CREDIT CARD FOR PAYMENT OF ALL AISH FEES. All Aish Fees will be billed to the credit card you designated during the registration process. If you want to designate a different credit card or there is a change in your credit card status, you must change your credit card information online at the "My Account" section of the Aishaudio Download Site or by contacting Customer Service at 1-800 VOICES3. (There may be a temporary disruption in the ability to use the Aishaudio Download Service until Aish HaTorah-VFJ can verify the validity of the new credit card information.) You agree that Aish HaTorah-VFJ may use all legal means available to collect Aish Fees should our attempts to charge your credit card on record fail for any reason. Aish HaTorah-VOJ will charge you for any collection agency and legal fees it pays while collecting Aish Fees from you.

Electronic Signatures and Contracts. Your use of the Aishaudio Download Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING WITHOUT LIMITATION TO NOTICES OF CANCELLATION, POLICIES, CERTIFICATES, CONTRACTS AND APPLICATIONS.

In order to access and retain your electronic records, you must have the following hardware and software: a computer capable of reading text files, a modem or other means of accessing the internet, and a browser capable of accessing and displaying web pages.

Notwithstanding your consent to electronic records as set forth in this paragraph, you may still obtain a paper copy of an electronic record by sending email to us and paying a nominal fee per copy.

Due to the nature of the Aishaudio Download Service and the manner in which it is provided to you by Aish HaTorah-VFJ, your consent to electronic agreements set forth above is necessary for use of the Aishaudio Download Service. You may withdraw consent to electronic agreements by sending Aish HaTorah-VOJ an email containing information unique to you including your account information, however this will result in a termination of this Agreement and your ability to use the Aishaudio Download Service.

Availability of Aish Content. We will exercise reasonable efforts to provide the Aish Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery. You acknowledge and agree that availability of Aish Content that is not yet created at the time of acceptance of this Agreement (such as time-dated programming) is subject to the creation of such programs by the supplier. Your exclusive and sole remedy with respect to Aish Content that is not delivered within a reasonable period will be replacement of such Aish Content with comparable programs or a pro rata extension of the applicable subscription period.

Intellectual Property.

Removal of Aish Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Aish Content or other materials comprising a part of the Aishaudio Download Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Aish Content or materials under this Agreement.

Copyrights. All copyrights in and to the Aishaudio Download Service materials including but not limited to the Aishaudio Download Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Aish Content or any parts of or content within the Aishaudio Download Site and Aish Content, are owned by Aish HaTorah-VFJ and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS IN CONNECTION WITH THE AISHAUDIO DOWNLOAD SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE AISHAUDIO DOWNLOAD SITE OR ANY OF THE PAGES OF THE AISHAUDIO DOWNLOAD SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE AISHAUDIO DOWNLOAD SERVICE MATERIALS. REPRODUCTION OR USE OF THE AISHAUDIO DOWNLOAD SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

Digital Millennium Copyright Act. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

Trademarks. Aish HaTorah-Voices From Jerusalem, Voices From Jerusalem, Aish Audio, Jerusalem Wisdom Store, and other Aish HaTorah-Voices From Jerusalem trademarks, service marks, graphics and logos used in connection with the Aishaudio Download Service are trademarks or registered trademarks of Aish HaTorah-VFJ, Inc. in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the Aishaudio Download Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks and any use of such trademarks, including but not limited to use in connection with any product or service that is not that of the respective trademark owner in any manner that is likely to cause confusion among customers or that disparages or discredits the respective trademark owner, is strictly prohibited.

Termination.

Termination By Aish HaTorah-VFJ. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Aish Fees due, failure to provide Aish HaTorah-VFJ with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Aish Account information and password, or violation of the Aish Content License or the Aishaudio Download Site Access License Aish HaTorah-VFJ, at its sole discretion, may: (A) terminate this Agreement and/or your Aishaudio Download Account and you will remain liable for all amounts due under your Aishaudio Download Account up to and including the date of termination; and/or (B) terminate the Aish Content License, the Aishaudio Download Site Access License or (C) preclude access to the Aishaudio Download Service (or any part thereof). We will notify you if we take any of the foregoing actions.

Termination of the Service. We reserve the right to modify, suspend or discontinue the Aishaudio Download Service (or any part thereof) or any Aish Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon your Aish Plan and the other Purchases you have made from the Aishaudio Download Service.

General Compliance with Laws; Export Restrictions. The Aishaudio Download Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Aishaudio Download Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

No Responsibility for Third Party Materials or Websites. Certain content, Aish Content, products and services available via the Aishaudio Download Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Aish does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.

Limited Express Warranty. Except as expressly provided herein, the Aishaudio Download Service is provided "AS IS" and "AS AVAILABLE". The Aishaudio Download Service is only warranted as stated below:

Aish HaTorah-VFJ warrants that the media in which the Aish Content is provided (e.g., the CD-ROM or the file transmitted to you) will be free from material defects on delivery. If you find a defect in Aish Content that you have received in a tangible medium from Aish HaTorah-VFJ or that you have downloaded or attempted to download from the Aishaudio Download Site, your sole remedy (provided you meet the registration, technical and payment requirements for use of the Aishaudio Download Service) is to call AISH HATORAH-VFJ Customer Service at 800 VOICES3 and Aish HaTorah-VFJ will consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of Aish Content, you may attempt at a later time to download a new copy of the Aish Content

Aish HaTorah-VFJ warrants that the Aish Content that you license directly through the Aishaudio Download Service will be of a quality suitable for human listening and will consist of the Aish Content that was offered via the Aishaudio Download Service, if obtained pursuant to Aish HaTorah-VFJ 's instructions using equipment that is in good operating condition and meets the specifications for the Aishaudio Download Service as provided by Aish HaTorah-VFJ. In the event the Aish Content is incomplete or not as warranted above, Aish HaTorah-VFJ will provide you with replacement Aish Content or a credit on your Aishaudio Download Account for the defective material, as determined by Aish HaTorah-VFJ in its sole discretion, if you advise Aish HaTorah-VFJ of the defect within seven (7) days of first downloading the material by calling (800) VOICES3. You will be asked to document the defect. A credit can be applied to the Purchase of the same or other Aish Content.

There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through the Aishaudio Download Service but not under the control of Aish HaTorah-VFJ.

The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Aish Content or the media on which Aish Content are furnished, or the user's lack of the necessary hardware/software.

NO AISH HATORAH-VFJ EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.

Limitation on Liability.

IN NO EVENT SHALL AISH HATORAH - VOICES FROM JERUSALEM HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE AISHAUDIO DOWNLOAD SERVICE. IN NO EVENT SHALL AISH HATORAH - VOICES FROM JERUSALEM HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR AISH HATORAH - VOICES FROM JERUSALEM ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY AISH CONTENT. SUBJECT TO THE AVAILABILITY OF THE AISH CONTENT AND AISH HATORAH - VOICES FROM JERUSALEM'S LIMITED EXPRESS WARRANTY HEREIN, AISH HATORAH - VOICES FROM JERUSALEM IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE AISH CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE AISHAUDIO DOWNLOAD SERVICE.

WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL AISH HATORAH - VOICES FROM JERUSALEM OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE AISH HATORAH - VOICES FROM JERUSALEM ACCOUNT(S), AISH HATORAH - VOICES FROM JERUSALEM SOFTWARE, AISH CONTENT OR THE AISHAUDIO DOWNLOAD SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL AISH HATORAH - VOICES FROM JERUSALEM BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE AISHAUDIO DOWNLOAD SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

Indemnity. You agree to indemnify and hold harmless Aish HaTorah-Voices >From Jerusalem, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the Aishaudio Download Service, Devices and/or the Aish Content.

Governing Law. This Agreement will be exclusively governed by the laws of the State of New York without regard to its principles on the conflicts of laws.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or its breach, with the exception of injunctive relief sought by Aish HaTorah- Voices From Jerusalem for any violation of Aish HaTorah-VFJ 's intellectual property or other proprietary rights or of the licenses granted pursuant to this Agreement, will be settled by arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, if you are domiciled outside the United States, then the dispute will be resolved by arbitration under the then-current International Arbitration Rules of the American Arbitration Association. The location of the arbitration shall be Monsey, New York, USA.

Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Aishaudio Download Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Aishaudio Download Site. Your continued use of the Aishaudio Download Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

Miscellaneous. This Agreement constitutes the entire agreement between you and Aish HaTorah-VFJ, and supersedes any prior agreements between you and Aish HaTorah-VFJ, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the Aishaudio Download Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Policy on Aish Content Plans, Spread the Words Program Terms and Conditions, Additional Terms, or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of Aish HaTorah-VFJ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Aish HaTorah-VFJ will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Aish HaTorah-VFJ hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Aish HaTorah-VFJ, Inc., 28 Park Avenue, Monsey, NY 10952, Att: Associate General Counsel.

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Policy on Aish Content Plans

Aish HaTorah-VFJ offers various plans for using and paying for the Aishaudio Download Service, including but not limited to those described below. All such plans for using and paying for the Aishaudio Download Service shall be referred to herein, collectively, as "Aish Plan(s)".

A. Individual Plan. This is the default Aishaudio Download Plan. If you are on the Individual Plan, you pay for the Aish Content you select and your credit card is charged each time you make a Purchase.

B. Monthly Program Plans. A Monthly Program Plan is for an automatically renewable one (1) month term unless you have purchased a Device in connection with your Monthly Program Plan, in which case the minimum term of your Monthly Program Plan will the term specified at the time your purchased your Device. At the end of your minimum term, your Monthly Program Plan will automatically renew for one (1) month terms thereafter. Each month, on the day of the month that you signed up for the Monthly Program Plan ("Renewal Date"), Aish HaTorah-VFJ will charge your credit card the relevant monthly fee for your chosen Monthly Program Plan ("Monthly Fee").

You may use the Monthly Fee to Purchase any Aish Content to which you are entitled under your chosen Monthly Program Plan but it may not be applied to purchases of Devices, other hardware or accessories. If you do not Purchase all the Aish Content to which you are entitled under your chosen Monthly Program Plan within one month, you may carry forward entitlement to such Aish Content to the subsequent month(s) up to a total of 18 units. No entitlement to such Aish Content may be carried forward past your date of termination, if you choose to terminate your membership. If you make Aish Content Purchases in excess of the Aish Content to which you are entitled under your chosen Monthly Program Plan, your credit card will be billed the appropriate additional amounts as described in Paragraph A hereof for the Individual Plan. "First month free offers" applies one per user and one time only, regardless of the number of accounts you've opened under various email addresses, or if you've previously cancelled and are restarting a monthly plan, and your card will be charged $10 for each additional monthly account you create after the first one.

You may upgrade your Monthly Program Plan category on the Aishaudio Download Site by yourself. You may, subject to any minimum term commitment that may apply, downgrade your Monthly Program Plan category by contacting Customer Service via telephone at (800) VOICES3. Such Aishaudio Download account changes will be effective as of the date of your request. You agree to pay any additional fees that may be applicable to your new Monthly Program Plan.

C. Cancellation of Your Aish Content Plan. You may cancel your Monthly Program Plan by contacting the Aish HaTorah-VFJ Customer Service Department via telephone at (800) VOICES3. Aish HaTorah-VFJ will be entitled to rely on a notice of cancellation that appears legitimate and cancel service on that basis. Aish HaTorah-VFJ 's responsibility for improper cancellation is limited to reinstating your Monthly Program Plan or Subscription or to offering a refund, at Aish HaTorah-VFJ 's sole discretion. The consequences of and charges associated with cancellation are as follows:

Monthly Program Plans. If you cancel your Monthly Program Plan, your Aish HaTorah-VFJ will default to the Individual Plan.

Without a Device. If your Monthly Program Plan does not include the purchase of a Device, you may cancel your Monthly Program Plan at any time within the first month of its commencement without any charge or penalty and your credit card will be credited with the Monthly Fee billed for your chosen Monthly Program Plan. If you do not cancel your Monthly Program Plan, it will be automatically renewed each month for additional one (1) month terms and your credit card will be charged on the monthly Renewal Date with the relevant Monthly Program Plan Monthly Fee. You may cancel your Monthly Program Plan at any time after the initial month term and be billed for the month of cancellation but for no subsequent months.

With a Device. If your Monthly Program Plan includes the purchase of a Device, you may return your Device and cancel your Monthly Program Plan within the first month and you will receive a full refund for the Device less shipping, handling and restocking fees and charges on the Aish HaTorah-VFJ Plan for any Aish Content you may have Purchased. You must return the Device within seven (7) business days of the cancellation date or your credit card will be billed the relevant cost of the Device plus applicable tax. You may cancel your Monthly Program Plan after the first month, however, if you do so, a charge for the number of months remaining on your minimum term commitment will immediately be charged to your credit card and you will no longer be entitled to any Aish Content. For example, if you choose to cancel your Monthly Program Plan in the third month of twelve (12) month minimum commitment Plan, you will immediately be billed for the nine (9) months remaining of your commitment and you will not be entitled to any Aish Content after the date of cancellation.

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Digital Millennium Copyright Act Notice Policy

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Aishaudio Download Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice for claims of copyright infringement is our Vice President who can be reached as follows: By mail: Chaim Dubin, Aish HaTorah-Voices From Jerusalem, 28 Park Avenue, Monsey NY 10952.