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Regulations Terms Use of the "Delek Drilling & Avner" Website

1. Preamble, Interpretation and Definitions

1.1. The terms of use of the Website are worded in the masculine form solely for convenience purposes, and equally refer to wome.

1.2. In these Regulations the following terms shall have the meaning set aside them:

1.2.1. "Website" – the website of "Delek Drilling – Limited Partnership" and "Avner Oil Exploration – Limited Partnership" (collectively "Delek Drilling & Avner") at the address: 12 Abba Eban, Herzliya Pituach.

1.2.2. "Website Operator" - or "Delek Drilling & Avner" – of 12 Abba Eban Blvd., Herzliya Pituach.

1.2.3. "User" – including a man, woman or any legal entity, such as a company, association, union, partnership, using the Website in person or by anyone on his/its behalf, including employees and/or a third party acting on his/its behalf. 

1.2.4. "Regulations" – these regulations, in their most recent language published on the Website.

1.2.5.  "Content" or "Contents" – including any information of any type whatsoever, including any verbal, visual, audio, audio-visual content, and including texts, images, sound, video, on any media and on any end-device, presently existing and/or to exist in the future and/or any combination thereof, including reports, articles, news, reviews, data, files, advice, analyses, recommendations, guidelines, assessments and any other content and/or information, in whatever format, as well as the design, processing, editing, distribution and manner of presentation thereof, including (but not limited to): any image, photograph, illustration, animation, diagram, form, imaging, sample, clip, audio file and musical file; any software, file, computer code, application, app, format, protocol, database and interface and any character, sign, symbol and icon.

1.2.6. "User Content" – any Content on the Website originating in Users and published in designated areas, such as communities, forums, chatrooms, talkbacks, blogs and other services, which allow users to input their own Content to the Website – whether separately, in an area designated for user content only, or together with other Contents of the Website's editorial staff, all as shall be decided by the Website Operator from time to time. For the avoidance of doubt, the provision of Contents for publication on the Website does not grant the creator of the Contents and/or the transferor of the Contents the right to demand that the Contents be published or continue to be published.

1.2.7. "Economic Contents" – Contents related to economic issues, including information about the capital market, the prices of securities traded on the Tel Aviv Stock Exchange and the Israeli stocks traded abroad, aggregate data with respect to public companies, information concerning the foreign exchange market and other news in the economic field.

1.2.8. "Commercial Contents" – Contents provided for publication on behalf of various third parties and advertisers, including Users, for the purposes of marketing and sale of assets and/or services, including announcements, advertisements, banners etc.

1.2.9. "Deep Link" – a link to Contents contained in any website, other than the homepage of that website.

1.3. The purpose of these Regulations is to define the terms of use of the "Delek Drilling & Avner" website.

1.4. The terms of use of the Website shall be interpreted in the spirit of the Website's policy, which encourages free speech and fruitful debate on the Website, with the active participation of the Users of the Website, subject to restrictions under law.

1.5. The force and effect of the terms of use is cumulative rather than alternative, and the terms of use will be interpreted as coexisting, rather than as diminishing one another's applicability. 

2. Right of Use of the Website

2.1. The Website Operator invites Users to make use of the Website, provided that the use is proper, fair and in good faith, solely for private and personal purposes, and made in accordance with and subject to the rules and conditions specified below and the provisions of any law.

2.2. Use for commercial purposes is strictly prohibited, unless expressly approved by the Website Operator in advance and in writing, and subject to the conditions set forth in the approval (if granted).

2.3. These Regulations apply to the use of the Website, including all of its layers, Contents, and the various services operated thereon. However, the Website contains areas or Contents, use of which is subject, in addition to these terms of use, also to an online agreement and/or specific conditions particularly referring thereto and the specific conditions are to be reviewed on a case-by-case basis.

2.4. These Regulations apply to the use of the Website and the Contents included therein regardless of the means by which the Website is accessed (including computers and/or other telecommunication devices, such as cellular telephones, various types of handheld computers, etc.), the media through which the Website is accessed (including the internet and/or any other media or network) or the User's location (in Israel or anywhere else in the world).

2.5. Users please note: By the mere fact of entering the Website and using it and/or its Contents, you attest to your consent to the Regulations and the terms of use set forth therein, whether or not you have fully read the terms of use, and a claim of unawareness of the terms of use will not be available to you. You are therefore requested to carefully read the terms of use before you commence using the Website.

2.6. No use shall be made in a manner that deviates from the provisions of the Regulations, unless the Website Operator gives its express prior written consent   thereto and subject to the conditions of the consent (if given). Any such deviating use shall grant the Website Operator the remedies and rights applicable in the event of a breach, as specified in these terms of use.

2.7. The Website Operator respects the privacy of the Users of the Website in accordance with the provisions of the law and the terms of the Website's privacy policy, as updated from time to time, which are an integral part of these Regulations. Since the privacy policy may change from time to time, Users are requested to check for updates to the privacy policy. 

2.8. The source of some of the Economic Contents (see the definitions in Section 1 and other Contents on the Website is the Website's editorial staff, whereas others are furnished, managed and operated by content providers. Despite the effort to assemble and process these Contents, errors may occur in the process of their receipt, processing and publication. Users who are interested in using and relying on such Contents bear the full duty and responsibility to check and verify them.

2.9. In addition to the restrictions set forth in these Regulations, and insofar as use is made of Economic Contents originating in the Stock Exchange in Israel and/or stock exchanges around the world, such use is also subject to the terms of use dictated by every stock exchange for itself and the relevant securities authority where the relevant stock exchange is located.

2.10. Nothing in the publication of the Economic Contents and/or any other Content on the Website shall constitute a recommendation or opinion with respect to transactions and financial conduct, including the purchase or sale of securities. Therefore, Users are exclusively responsible for any decision concerning the use of Economic Contents found on the Website.

3. Use of Contents

3.1. It is prohibited to copy and to use, or allow others to use, in any other manner, the Contents (see the definitions in Section 1) from the Website, including in other websites, electronic publications, printed publications etc., for any purpose, whether commercial or non-commercial, other than personal and private use.

3.2. It is prohibited to operate or enable the operation of any computer application or any other means, including software of the Robots, Crawlers types and the like, for searching, scanning, copying or automatically retrieving Contents from the Website. In this context, it is prohibited to create and to use such means for the purpose of creating a compilation, collection or database containing Contents from the Website.

3.3. It is prohibited to display Contents from the Website inside an open or concealed frame. 

3.4. It is prohibited to display Contents from the Website in any manner whatsoever – including by means of any software, device, apparatus, or telecommunications protocol – that change their design on the Website or omit any Contents therefrom, and particularly advertisements and Commercial Contents.

4. Links to the Website

4.1. It is prohibited to set-up a Deep Link to the Contents on the Website, unless the Deep Link is to an internet page on the Website in full and "as is", such that it may be browsed and used in a completely identical manner to the use and browsing thereof on the Website.

4.2. It is strictly prohibited to link to Contents on the Website detached from the internet pages in which they are included on the Website (e.g., it is prohibited to directly link to an image or graphic file on the Website, other than to the full page in which they are included). Furthermore, the accurate address of the internet page on the Website must appear in the usual place designated therefor in the user interface, e.g., the status bar on the User's browser. It is prohibited to change, distort or conceal this address and it is prohibited to replace it with any other address.

4.3. It is prohibited to link to the Website from any website containing pornographic Contents, Contents encouraging racism or wrongful discrimination, or illegal Contents, or Contents whose publication is against the law or Contents encouraging unlawful activities.

4.4. In any event of a breach of the provisions of this section, the Website Operator may instruct you to remove any such Deep Link according to its sole discretion. In such a case, you will immediately remove the Deep Link and you will have no claim, demand or suit against the Website Operator in this respect.

4.5. The User alone will bear the full and exclusive liability for any link to the Website, and, in any event, the Website Operator will bear no liability for damage caused to the User and/or to any third party. The User is responsible for the link to the Website and undertakes to indemnify the Website Operator for any damage caused as a result thereof, immediately upon the first demand.

5. Links on the Website

5.1. You will find links on the Website to various pages on the internet. The links allow you to find Contents published on the internet, other than by the Website Operator and/or anyone from the Website and/or anyone on their behalf and they have no control or supervision over such Contents.

5.2. The mere inclusion of a link in the Website, which links to Contents appearing elsewhere on the internet and/or on any other media does not attest to the consent of the Website Operator to such Contents and does not guarantee their credibility and/or their being up-to-date and/or their being lawful, and reliance on and/or use of such Contents is subject to the consent of the owners of the Contents and/or to the terms of use, in respect of privacy, and to any other aspect involved in their operation.

5.3. You may find that the Contents to which the links lead do not suit your purposes and/or that you are opposed to their Content and/or believe them to be outrageous, vexatious, inappropriate, illegal or immoral. It is nonetheless clarified that the Website Operator is not responsible for the Contents to which the links lead and is not liable for any consequence caused by use thereof and/or reliance thereupon.

5.4. The Website Operator does not warrant that the links on the Website will be valid and lead to an active website and it may remove from the Website links previously included therein, or refrain from adding new links – all according to its absolute discretion.

6. Intellectual Property 

6.1. Any and all of the copyrights and intellectual property in the Website, in the services offered thereon and in any Content included therein (with the exception of Contents provided for publication by Users of the Website) are owned by the Website Operator and/or anyone on its behalf, including Contents, which a third party authorized the Website Operator to publish on the Website.

6.2. It is prohibited to copy, duplicate, distribute, publicly display, publicly perform, transfer to the public, change, process, create derivative work, sell or lease out any part of the above, whether by you or through or in cooperation with a third party, in any manner or by any means, whether electronic, mechanic, optical, photography or recording devices, or by any means or in any other manner, without receipt of the prior written consent of the Website  Operator or the other right holders, as applicable, and subject to the conditions of the consent (if given). This provision is also applicable to any processing, editing or translation carried out by the Website on contents inputted or provided to the Website by Users.

6.3. If and insofar as such consent shall have been given, the User must refrain from removing, deleting or distorting any notice or sign related to intellectual property rights, such as the copyright symbol ©, or the trademark symbol ®, which are attached to the Contents to be used by him.

7. Liability and Indemnification 

7.1. The Contents on the Website may be used "as is". They may not be adapted to the needs of each and every person. Users shall have no claim, suit or demand against the Website Operator and/or the Website in respect of the characteristics of Contents, their abilities, limitations, adaptation or the responses triggered (if any) by the publication of Contents on the Website. The User is therefore exclusively and fully responsible for use of the Website.

7.2. The Website Operator does not warrant any response to the Contents published thereby on the Website. The Website Operator is unable to know which responses (if any) it will receive following the publication and who will respond to the Contents it will publish, and therefore it will bear no liability to the transferor of the Contents (or to anyone on his behalf) for such responses, for the identity of the persons contacting the transferor of the Contents or for any result deriving from the publication. The Website Operator will also not be liable for any use made by a third party of the Contents published by him.

7.3. Any decision made with respect to the Contents published on the Website is within the full and exclusive responsibility of the transferor of the Contents. The Website Operator does not warrant that Contents and services of third parties, including content and service providers and users, which are published on the Website, will be full, correct, legal or accurate or will meet your expectations and demands. The Website Operator and/or the Website shall bear no liability for any result deriving therefrom or from use thereof or from reliance thereupon.

7.4. Correct professional advice is dependent on the exact facts of each and every case. The Contents on the Website are not a substitute for such advice.

7.5. Such Contents are not a substitute for professional treatment or advice where required (for example, the answer of a medical expert to a question in the context of a forum is not a substitute for the receipt of medical treatment or advice, as necessary). At times, such Contents reflect a certain personal opinion or approach of the writer. Therefore, they should be treated with the requisite caution. If you decide to rely upon Contents published on the Website, or act pursuant thereto, you are fully and exclusively liable for your action and its consequences.

7.6. The Website Operator does not warrant that the services of the Website will not be disrupted, will be regularly or uninterruptedly provided, will be maintained unfailingly and without errors, and will be immune to unauthorized access to the Website's computers or to damage, flaws, malfunctions or failures – all, in the hardware, software, the communication lines and systems, held by the Website or by any of its providers.

7.7. Any User undertakes to indemnify the Website Operator and/or anyone on its behalf, including its employees, managers for any damage, loss, loss of profit, payment or expense incurred thereby – including attorney fees and trial costs – as a result of a breach of these terms of use. You will further indemnify the Website Operator, its employees, managers or anyone on its behalf for any claim, suit and/or demand to be raised against them by any third party as a result of Contents you provided for publication on the Website and as a result of links you made to the Website.

8. Changes in the Website and Service Discontinuance

8.1. The Website Operator may, from time to time, change the layout, appearance and design of the Website, the scope and availability of the services therein, may charge payment for such or other Contents and services, according to its decision, and may change any other aspect involved in the Website – all without being required to notify you thereof beforehand.

8.2. Such changes will be performed, inter alia, considering the dynamic nature of the internet and the technological and other changes taking place thereon. By nature, changes of this type might involve malfunctions and/or initially cause inconvenience etc. You will have no claim, suit and/or demand against the Website for the performance of such changes and/or for malfunctions that occur incidentally to the performance thereof.

8.3. Without derogating from the aforesaid, the Website Operator may discontinue the provision of such services, in whole or in part, at any time. The Website will publish a notice on the Website regarding the discontinuance of the services a reasonable time in advance. Upon the discontinuance of the services, the Website [Operator] will hold the material included in the Website for an additional reasonable time period and may thereafter delete the same without saving any backup thereof and without giving any further notice thereof.

9. Arbitration and Jurisdiction

 9.1. This agreement shall be solely governed by the laws of the State of Israel; however, the international choice of law rules prescribed thereby shall not be applicable. 

9.2. Any dispute to arise between the parties, including a dispute with respect to the use of the Website and/or with respect to these terms of use, including with respect to the individual online agreements related to certain services on the Website, will be submitted to an arbitrator, who shall be an attorney proficient in the field of electronic trade and the internet and whose identity shall be determined by the Chairman of the Israel Bar Association, per the request of any of the parties.

9.3. The arbitrator may issue provisional remedies and interlocutory orders. The venue for the arbitration will be the city of Tel Aviv. The arbitrator will not be bound by civil procedure, but will be bound by the law of evidence and substantive law. The arbitrator will be required to give reasons for his decision.

9.4. Notwithstanding the aforesaid, if any of the parties hereto is sued by a third party, in any legal proceeding whatsoever, the defendant may, notwithstanding the aforesaid, join in the other party hereto as a party to such legal proceeding, in which case this arbitration agreement shall not be applicable.

9.5. The competent court in accordance with the provisions of the Arbitration Law, 5728-1968 will be the court situated in the city of Tel Aviv.

9.6. This section constitutes an arbitration agreement between the parties for all intents and purposes.

9.7. Subject to and without derogating from the aforesaid, in any matter which is not within the authority of the arbitrator, or in any matter in which this arbitration agreement will not be applicable, for any reason whatsoever, the competent court in the Tel Aviv and Central Districts in Israel shall have exclusive jurisdiction.

10. Contact

10.1. The Website Operator strictly complies with the provisions of the law and respects the right of the Website's Users and others to privacy and a good name.

10.2. If you believe that the Website published Content that offends you for any reason, please contact us according to the following details and we will do our best to address your complaint as soon as possible. Such complaints may be sent to the following address: Legal Department, Delek Drilling & Avner, 12 Abba Eban Blvd., Herzliya Pituach; or transmitted by fax to 09-9712425 (with the indication: for the Legal Department) or sent by email to shadar_i@delekng.co.il.