Welcome to the Musicoholics website [provided to you by Musicoholics] (which will be referred to herein as either “Musicoholics“, “we“, “us” or “our“) which we’ve created for your entertainment and informational purposes. This website, and any related content, services, modules, functions, software or platforms, were designed by us to provide you with lifestyle-related content (collectively, the “Site”). These Terms of Service (the “Terms”) constitute a set of rules by which we operate our Site.
The Site is our proprietary property or that of our licensors or licensees. You acknowledge that the Site or its output may contain information, content, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, ideas, and other materials (collectively, “Content“) that are protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. We grant you the ability to view and access this Content provided that you fully comply with the provisions of these Terms. Bear in mind that Musicoholics neither warrants nor represents that the Content will not infringe rights of third parties not owned by Musicoholics.
All trademarks appearing on this Site are trademarks of their respective owners. “Musicoholics” and our other trademarks, slogans, service marks, trade names, and trade dress which appear via the Site are proprietary to us. Our commercial partners, customers, suppliers, advertisers, sponsors, licensors, contractors and any other third parties may also have additional proprietary rights in the Content which is made available on this Site.
You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, unless specifically granted the right to do so herein. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment, is strictly prohibited unless you receive prior written consent from the owner of such Content to do so. Violators will be prosecuted.
3. COPYRIGHT INFRINGEMENT POLICY
Musicoholics is committed to protecting the rights of copyright holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Unauthorized copying, distribution, modification, public display or public performance of copyrighted works is a copyright infringement, and Musicoholics will undertake appropriate steps against copyright repeat offenders.
We will process notices of alleged copyright infringement and will take appropriate actions provided that such notices are sent to email@example.com and contain the following information:
Upon receipt of notices complying with the above, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Please be aware that any information provided in your notice will be forwarded to the person who provided the allegedly infringing Content, who will have the opportunity to respond with a counterclaim.
Please note that except where expressly provided otherwise by Musicoholics, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By transmitting or posting any communications or materials to this site, you agree that Musicoholics or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast, and posting. Musicoholics and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information, without the obligation to notify, identify or compensate you or anyone else.
5. THIRD PARTY LINKS AND INFORMATION PROVIDED
The Site may contain information in the form of, but not limited to, articles, advertisements, endorsements, content, third-party opinions and links to third party websites, which are not owned or controlled by us. We do not endorse any such third-party information and such information is solely provided as a convenience to our users and visitors. As such, we also assume no responsibility for the content, privacy policies, or practices of any third party. In addition, Musicoholics will not and cannot censor or make any changes to the property of any third-party site. By using this Site, you expressly release Musicoholics from any and all liability arising from your use of any third-party websites. Musicoholics encourages you to be aware when you have left this Site and to read the terms and privacy policies of the third party websites that you visit.
6. NO WARRANTY
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SITE AND OTHER MATERIALS OR INFORMATION PROVIDED TO YOU UNDER THESE TERMS ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SITE AND RELIANCE ON ITS CONTENT IS DONE SOLELY AT YOUR OWN RISK. WE DISCLAIM ANY AND ALL WARRANTIES RELATING TO THE SITE AND ITS CONTENT, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT.
WE DO NOT WARRANT THAT ANY CONTENT OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR CONTENT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. LIABILITIES AND INDEMNITIES
You shall indemnify and save harmless us and our directors, officers, employees, representatives and agents (“Related Parties“) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages“) asserted against, imposed upon or incurred by us and/or any of our Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Site.
OUR CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY A VISITOR FOR USE OF THE SITE.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.
(a) These Terms constitute the entire agreement between the parties concerning the subject matter hereof, replacing any prior agreements; (b) You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (c) Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose. (d) These Terms shall be governed by the laws of the State of Israel, without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Tel Aviv-Jaffe, shall have exclusive jurisdiction over all disputes between the parties. Nothing in this agreement limits a party’s ability to seek equitable relief.
Version: August 2018