You hereby represent and warrant that: (1) you have read the Agreement, understood the stated therein and you hereby agree to engage with the Company under its terms; (2) your age does not limit you from lawfully engaging in the Agreement and that you are not legally prohibited from entering into the Agreement; (3) you are authorized to enter into and perform the Agreement for yourself or for the entity the details of which were specified upon subscription to our services.
Last update: May 3, 2021
1. Opening an account
- In order to use the Company’s services and receive a license for using the Assets as specified in these Terms and in the License, you are required to (i) open an account in the Site, (ii) provide us with your accurate and full details, and (iii) pay any applicable fees, except in case of a free trial account. You are forbidden from providing us a nonexistent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment method information.
- You are required to protect the confidentiality and safety of the account details (username and password), and you will bear full and exclusive liability for all activities in your account. You must inform us immediately of any unauthorized use of your account
- In case you purchase a subscription for multiple seats, you will be required to provide us the relevant details for the access by all users under such subscription.
2. Sanctioned Countries
The Company is committed to complying with the sanctions laws and regulations of the United States, the EU and Israel. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/entities named on a sanctions list.
4. Term, Renewal & Termination
- Upon termination of the Agreement for any cause whatsoever, the rights granted to you under these Terms or the License will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Assets, except as allowed under the License.
5. Refund Policy
You will only be entitled to receive a refund for any fees paid to us if you cancel your subscription within 14 calendar days from the date of its purchase and/or renewal (“Refund Period”) and you did not download any Assets during such Refund Period. You hereby understand and agree that you will not be entitled to any refunds if: (i) you do not ask the Company for refund during the Refund Period; or (ii) you download any Asset from the Site during the Refund Period.
For the avoidance of doubt, this Section 5 does not apply to trial accounts, and therefore, if you are a subscriber with a trial account, you will not be entitled to any refund.
6. Intellectual property rights
- All the information, the Assets and contents included in the Site and the services offered by the Company, inclusive without limitation of any text, illustrations, graphics, sound, sound recording, musical works, clips, graphic segments, software applications, graphs, photos, Company’s name, trademarks and logos, including without limitation those used in the Site, are protected by copyrights and intellectual property rights of the Company or of its artists (“Proprietary Content”).
- You are forbidden from using the Company’s name, trademarks and logos, including without limitation those used in the Site. Moreover, as further specified in the License, you are forbidden from using the original Assets names and/or the artists names or artistic names.
- You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights in the Proprietary Content and/or recordings and/or the Assets and/or the contents of the Site and/or the Site’s trademarks and its design, and that your right is restricted to the limited rights granted to you in these Terms and in the License.
- The Agreement grants you an authorization to use the Site and the Assets strictly in accordance with the provisions of the Agreement and is conditioned by your undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities which cause the violation of intellectual property rights and/or deviation from the provisions of the License.
7. Copyright Infringement Notification Policy
- We take copyrights protection very seriously. If you believe that any Assets infringe your intellectual property or other rights, please see our Copyright Infringement Notification Policy
- If we are notified that any Assets infringes third party copyright or other rights, we may in our sole discretion remove such Assets from the Site or take other steps that we deem necessary, without any prior notification.
8. Company’s rights in case of a violation on your behalf
- You hereby acknowledge that any unauthorized use by you and/or by anyone on your behalf of any of the Assets or the Site or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a violation of the copyright laws, and the Company and anyone on its behalf have the full right to exercise all rights and remedies available to it by law in such case. To the extent the violation is done by a third-party using Assets that were downloaded by you or using your subscription (for example: your employees, contractors, clients), then you are responsible for such a violation and you are required to take all possible actions to immediately cease the violation.
- The Company will be entitled, among other remedies, at its exclusive discretion and without any prior notice, to block your access to the Site and/or its services, temporarily or permanently, in case you violate any applicable law and/or any terms of the Agreement, or in case of an interruption of the Company’s or its Site’s regular activity, and you will have no claim or demand in this regard.
- Company reserves the right to disclose your personal information or information about your use of the Site inclusive of the content used therefrom without obtaining your permission, if such disclosure is necessary in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law; (2) enforce the Agreement; or (3) protect the Company’s or anyone else’s rights in the event of a breach of the Agreement by you or anyone on your behalf.
9. Exemption from liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED‘AS-IS’AND‘AS AVAILABLE’WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW; (II) COMPANY DOES NOT WARRANT THAT THE SITE OR ITS’SERVICES WILL BE UNINTERRUPTED OR IMMUNE TO DAMAGE, MALFUNCTIONS, DEFECTS OR FAILURES IN THE HARDWARE, SOFTWARE, COMMUNICATION SYSTEMS AND LINES, AT THE SITE OR AT ANY OF ITS SUPPLIERS; (III) COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS IS NOT AVAILABLE IN THE SITE, FOR ANY REASON WHATSOEVER, DURING THE TERM OF THE AGREEMENT; (IV) COMPANY WILL BEAR NO LIABILITY IN ANY MANNER FOR THE USE OF ANY OTHER ADDITIONAL CONTENTS WHICH YOU MAY INTEGRATE IN THE PROJECTS AND YOU WILL SOLELY BEAR FULL AND EXCLUSIVE LIABILITY FOR USING THEM; (V) COMPANY RESERVES ITS RIGHT TO REMOVE AND/OR ADD ASSETS TO THE SITE AT ANY TIME AT ITS EXCLUSIVE DISCRETION AND YOU WILL BEAR NO CLAIMS OR ARGUMENTS IN THIS REGARD; (VI) COMPANY WILL BEAR NO LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE, PECUNIARY OR ANOTHER, WHICH YOU MIGHT INCUR CONSEQUENT UPON: (1) CHANGES COMPANY MAY MAKE TO THE SITE AND ITS SERVICES, ALL OR ANY OF THEM; (2) CEASING, TEMPORARILY OR PERMANENTLY, THE PROVISION OF ITS SERVICES, ALL OR ANY OF THEM; (3) CHANGING, ADDING OR REMOVING ANY OF THE SERVICES’ CHARACTERS OR PROPERTIES, ALL OR ANY OF THEM; (4) CHANGING, ADDING OR REMOVING ANY CONTENTS, RECORDINGS OR ASSETS FROM THE SITE, ALL OR ANY OF THEM; (VII) COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THIS AGREEMENT.
You hereby undertake to indemnify the Company, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, service providers and artists and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer’s fee and legal expenses) that might arise due to your use of the Company’s Site and services, your breach of the provisions of the Agreement or any use you make of Company’s services in violation of any applicable law or third-party rights.
11. Third Party Services
12. Amendments to these Terms
The Company is entitled to assign and/or transfer and/or deliver its rights and/or its undertakings according to the Agreement, in whole or in part, to third parties as it may see fit and at its exclusive discretion. Any such Company’s transferee will, in turn, be entitled to transfer any such rights/undertakings to other parties as it may see fit without having to obtain your consent.
- Notices according to the Agreement will be given in writing and be sent by email according to the email address you specified in the registration form. Any delivery of a notice by email as stated above will be considered a lawful delivery.
- You bear responsibility for payment of all taxes and expenses applying to you in connection with the Agreement and/or your use of the Assets, to the extent such may apply. In the event the Company is required to pay any such taxes and expenses on your behalf, we will be entitled to charge you for any such amounts without notifying you.
- The Agreement constitutes the entire agreement between you and the Company with respect to your access and use of the Site, the Assets and the Company’s services and any prior or future agreement and/or undertaking and/or declaration not specifically included in the Agreement will not be valid. You hereby waive in advance any claim according to which the Agreement was changed and/or amended and/or canceled by conduct or by any correspondence between you and Company or anyone on its behalf.
- If and to the extent any provision of the Agreement is decided by court to be invalid, illegal or unenforceable, it will not derogate from the validity of the other provisions of the Agreement.
16. Governing Law & Jurisdiction
The laws of the State of Israel will exclusively apply to the Agreement, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to the Tel Aviv-Yaffo courts and no other court anywhere else.