Terms

Terms of Use for the Smooth Jazz Israel Website

Updated on February 28, 2018

  1. Everything written in these Terms of Use is worded in the singular male form but is equally applicable for both genders and for corporations, businesses and other legal entities. Terms of Use may change from time to time without notice and it is your responsibility to keep yourself updated with Terms of Use and make sure that you operate according to the newest format of Terms of Use, as they apply.
  1. General
    • Welcome to the Smooth Jazz Israel
    • The site managers, Mr. Nathan Basiuk (“Site Managers”) manage the site under the domain (“Domain”) smoothjazzisrael.com (the “Site”). The Terms of Use, including Privacy Terms, detailed here (“Terms of Use”) are a binding contract between you and Site Managers through the Site, and any usage of this Site is governed by them, including but not limited to receiving services from the Site (the “Services“).
    • Please read carefully the Terms of Use before using the Site. Your usage of the Site, including but not limited to using it with/without registration and/or any other activity, legally bounds you to these Terms of Use, in their last format published in the Site. Please remember that the Terms of Use are a viable contract and their terms bound you and Site Managers.
    • In order to use the Site you must be 18 years of age and above, and legally able. You hereby confirm and declare that you are 18 or above and legally able.
    • The right of using the Site is personal. You hereby confirm and declare that you shall not transfer the right of use to any third side.
    • You hereby confirm that if Site Managers supply you with links and/or passwords you are solely responsible to keep these links and/or passwords secret. You hereby acknowledge that Site Managers are the sole owners of the password/s, including all intellectual property and creative rights in these password/s.
    • Terms of Use of the Site shall be altered and changed from time to time by Site Managers without notice and without need for a notice. It is your responsibility to get informed with these changes on your own by reading the Terms of Use of this Site carefully from time to time.
    • The Site will change from time to time, including but not only in its design, the way it is used, its contents, hours of activity, equipment needed to use it and/or see it, its characteristics, its specifications. Site Managers may, at any time, discontinue distributing information, change and/or stop any method of distribution of information and change the speed thereof and/or any other of its properties. However, Site Managers will do their best under the circumstances to complete all commitments they have taken on themselves.
    • Every person using the Site (“Using” meaning also accessing/browsing/surfing it, and/or any other use of the Site) confirms that he is aware of the Terms of Use of the Site and accepts them fully and that he and/or anyone on his behalf shall have any claim and/or submit lawsuit against the Site Managers and/or the site and/or owners of the Site and/or managers among the Site Managers and/or their agents and/or anyone on their behalf, as long as these claims are not regarding Site Managers’ commitments according to these Terms of Use.
    • In order to use the Site you must be legally able to access it via equipment that may change from time to time, because of various factors, including but not limited to the needs defined by the Site, technological changes and developments (the “Equipment”). You have sole responsibility over the Equipment, including but not limited to its existence, functionality, and upgrading. Site Managers shall not, under any circumstances whatsoever, take responsibility over damages and/or total loss to equipment and/or hardware and/or software and/or your data as a result of using the Site and/or for a situation in which your Equipment shall not support using the Site.
    • You hereby confirm that all activity in which you are involved and which you carry out in connection with/to the Site and Site Managers is legal and according to all law.
    • It is hereby clarified that Site Managers are not responsible to any damage that may be caused to Equipment and/or computers and/or cellular/mobile equipment and/or any other related machines/sorts of equipment/forms of technology that exist currently or shall be in use in the future, as a result of using the Site.
    • By paying for Services as defined below you expressly represent and warrant that you have accepted these Terms of Use.
  1. Services Provided in this Site
    • The Services provided in this Site include:
      • Broadcasting of smooth jazz music for personal use only.
      • In the future, and possibly by December 2018, the Site will be selling of ringtones for personal use only.
    • Upon entering the Site, you will get a free trial of one day of listening to music in the Site. After one day, in order to continue listening, you will pay for a membership in the Site. Membership can be bought for one month, or one year .
    • When ringtones are available in the Site, their sale shall be final and they shall be paid for in the same method.
    • Payment is made via credit card/ debit card or paypal . In the future, payments methods may vary.
    • Purchase cannot be canceled. Payments are not refundable.
    • Prices shall appear in the Site and they will change from time to time.
    • Supply is immediate after payment.
    • The Site comply with PCI-DSS – Payment Card Industry Data Security Standard, in order to protect the Site, Site Managers and Users of the Site from credit card theft and its negative implications.
  2. Purchase from Site/Account Establishment
    • Use of the Site and the Services is subject to completing the initial registration process by providing accurate information, including without limitations, your name, e-mail address, password, and affirming your acceptance of these Terms of Use. (the “Account“). The aforementioned notwithstanding, Site Managers may, in its sole discretion, deny you the option to establish the Account, or limit the Accounts that any user may establish and maintain at any time.
    • You warrant that any and all of the personal information submitted as may be required, is accurate and authentic. Furthermore, you warrant to update the Site with respect to any changes in or of the information submitted in the Site. Site Managers may use or transfer your information to third party service providers for the purpose of providing you with the Services in the Site or the improvement thereof. 
  1. SECURITY
    • Your login information and password must be kept in strict confidence at all times. Compromise of Your login information may expose you to various risks, including but not limited to theft and/or loss. Site Managers shall not held responsible for any damages or losses which you may sustain as a result of compromise of your account login credentials whatsoever. Any suspected compromise of your login information should be immediately reported to Site Managers at smoothjazzisrael@gmail.com
    • Security and Viruses. Any use of the internet may be subject to virus attack and communication failure. Site Managers shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks.
    • Site Managers recommend that you use a reputable and available virus screening and prevention software at all times. You should also apply caution when reviewing information and/or messages purporting to originate from Site Managers as they are also vulnerable to phishing and spoofing and additional viruses.
  1. Site Content Accuracy
    • You acknowledge that the Site and any content therein, may contain errors from time to time and may not be accurate or current at all time. In addition, the Site may suffer technical errors. We take reasonable measures to provide you with accurate information as possible, and information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services.
    • You should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and Site Managers shall have no liability for such decisions.
    • The Site may include links to third party materials which may be provided as a convenience but are not endorsed by Site Managers. You acknowledge and agree that Site Managers are not responsible for the content or services promoted by any third party or on any third-party sites accessible through or linked to the Site.

 

  1. Payment Service Providers
    • You acknowledge that Site Managers may, subject to Site Managers’ sole discretion, use third-party payment processing service providers to process any local currency payment between you and Site Managers, including but not limited to payments in relation to your use of the Services and any Purchase executed by you. In such cases, You confirm that Site Managers will provide certain information and/or documentation about you, including but not limited with respect to a Purchase executed by you as needed to complete the Purchase or as required under any inquiry or in the event of detection of fraud or suspicion of such.
  1. LIMITATIONS OF LIABILITY; RELEASE; INDEMNIFICATIONS
    • THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. SITE MANAGERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SITE MANAGERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE SERVICES, OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE ERROR FREE, CONTINUOUS, UNINTERRUPTED OR ACCURATE.
    • IN NO EVENT WILL SITE MANAGERS, THEIR AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, LOSS OF REVENUES OR DATA, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE MANAGERS SITE OR SERVICES OR THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    • You release the Site Managers, their affiliates and service providers, and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes regarding the Site and Service provided.
    • You agree to defend, indemnify and hold Site Managers, their affiliates, employees, directors, representatives and Service Providers, and each of their or their respective officers, directors, agents, joint ventures, employees and representatives, harmless from any claim or demand (including but not limited to attorneys’ fees, damages, costs, fines, fees or penalties suffered by the Site Managers, arising out of or related to (i) Breach by You of the Terms of Use; or (ii) Your use of the Site or Services; or (iii) any violation by You of any law, rule, regulation, or the rights of any third party.)
  1. MODIFICATION AND TERMINATION OF SERVICES
    • Although in principle the duration of this Site is undetermined, Site Managers reserve the right to modify, suspend or terminate the provision of any Service or content, in whole or in part, at any time and without notice to users.
    • Site Managers may also change the Terms of Use of the Site or the Services offered at any time, including but not limited to:
      • Change the prices without prior notice.
      • Close the sale and/or Site temporarily or permanently without notice.
    • Your use of the Services following any amendment to the Terms of Use constitutes your acceptance of such amendments.
    • You are responsible to follow changes in Terms of Use and act according to the newest format.
  1. AVAILABILITY
    • All Services are provided without warranty of any kind, either express or implied. Site Managers do not represent that this Site will be available at all time and/or at all to meet your needs.
    • Site Managers will strive to provide you with the Services as soon as practicably possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
    • Site Managers will use commercially reasonable endeavors to ensure that the Site is accessible to you in accordance with these Terms of Use.
    • Site Managers may suspend use of the Site for maintenance and will make reasonable efforts to give you notice, however, you acknowledge that this may not be possible in certain events, including but not limited to events of emergency.
  1. Privacy
    • Site Managers do everything under their control to keep all details that you provide to the Site and/or details that the Site collects while you use the Site as private as possible. Site Managers shall not transfer this information to any third party, unless they are under obligation to do so as detailed above and below, due to the nature of payment for Services or due to other reasons, under the sole, exclusive and final decision of Site Managers.
    • However, because of reasons that are beyond the control of Site Managers, also because of the use of “Cookies” in the Site, such details maybe collected through software/s and/or applications and/or other internet activity that is/are unknown to Site Managers and function through the internet without their knowledge and/or awareness. You hereby confirm and declare that you shall not hold Site Managers responsible in any way for such breach of your privacy.
    • Payment for Services is made through a provider which is not Site Manager, and it is agreed and acknowledged that all responsibility for user’s data that is provided in the process of payment is under the sole responsibility of payment provider and Site Managers shall not be held responsible for such data in any way shape or form.
  1. Creative Rights
    • Full creative rights and Intellectual Property (“IP”) in the Site, including but not limited to all content in any form, including all music and ringtones, designed products, names of products, texts, pictures, videos, drawings and any information whatsoever regarding the Site Managers and/or information they have and/or any other information in the Site, inclusive in the Site, in every shape or form, whether in source code and/or destination code (“Site Content”) are the property of Site Managers and/or its suppliers and/or business partners.
    • Site Managers retain their full rights regarding Site Content, including but not limited to creative rights, patents, design patents, trademarks, and all other rights that they may have now and/or in the future. You hereby declare and confirm that you shall not infringe on the right/s of the Site Managers, including but not limited to changing the contents, using them elsewhere and so on. You declare and confirm that you are aware that this includes photographs that appear on the Site and all rights in the photographs are the exclusive property of Site Managers and/or their suppliers.
    • You confirm and declare that you shall not infringe on Site Managers rights, including but not limited to copy, and/or distribute, and/or show in public, and/or give to a third party and/or sell and/or rent any part or all of the Site Contents without receiving a written approval in advance from Site Managers. Terms of Use shall not be construed in any way to be understood as if you are receiving any right/s, including creative rights of any form.
    • You declare that you shall not in any way change Site Content and/or use Site Content, including but not limited to contents that are meant for downloading, for any goal but the goals defined in Terms of Use, including but not limited to using the Site Contents in any other site and/or another computer system. You declare that you are aware that such usage is strictly forbidden and shall be conceived as infringement of Site Managers’ rights, including all legal and other possible outcomes.
    • In this Terms of Use, Site Contents shall also include all information in the Site including designs, drawings, photographs, texts, video and/or audio that shall be available to the Site users through equipment existing now and/or in the future, whether it is or isn’t under the control and/or ownership or Site Managers or a third party that is allowing or shall allow Site Managers to use it.
    • Site Managers are bound to protect the rights of IP owners according to all law. Please notify Site Managers regarding any infringement in relation to the Site and Site Managers shall deal with every notification seriously and in due time according to all law.
  1. Waiver
    • The Site, its content, the services and products presented in it are offered for use in an “as is” condition, subject to Terms of Use, and Site Managers shall have no commitment and/or obligation and/or responsibility in any shape or form, formally and/or informally, directly and/or indirectly, according to any law, including but not limited to regarding the technical details and workability of the Site, infringement of any rights and/or accessibility of certain people and/or for any goals.
    • Site Managers are not responsible and/or do not guarantee and/or do not promise anything with regard to using the Site and/or the results of using it, including the accuracy of the contents, their credibility, reliability, truthfulness, or anything else regarding the contents. You are hereby declare that you shall take any measures to protect yourself against any claim, damage and/or loss which may be caused to you and/or to others as a result from using the Site and/or relying on it and/or contents in it.
  1. Access to People with Disabilities
    • Site Managers do everything in their power in order to make the Site accessible to people with disabilities. If you and/or someone you know have any problem with Site accessibility, or if you recognize a problem of this sort in the Site, please turn to Site Managers and they will do everything reasonable in the power to solve any such problem.
  1. Compensation
    • You hereby confirm and declare that if you are in breach of any or the terms in these Terms of Use and/or infringe on any right of a third party and/or break any law and/or act not according to any legal regulations while using this Site (the “Infringement“) and this Infringement shall cause damage and/or loss and/or payment and/or expense to Site Managers and/or Site workers and/or people who are acting on behalf of it and/or someone else in relation to the Site (“Site Managers and Workers“) including but not limited to legal fees, expert fees, legal process fees and the like, you shall compensate Site Managers and Workers for any and all Infringement and all expenses that shall be caused to Site Managers and Workers.
  1. Warranty Limitation
    • Site Managers and Workers are not responsible and shall not be responsible, under any circumstances, for using the Site and/or delay in using it and/or inability to use it and/or loss of products and/or data and/or loss of revenues resulting from delay and/or inability to use and/or from using the Site and/or its contents and/or products and/or with relation to the Site, because of mistakes and/or inaccuracies, and/or fault, problem, security hole and/or any other fault in the Site. Site Managers and Workers shall not be claimed to pay you for any direct and/or indirect and/or special and/or resulting and or any damages whatsoever.
  1. Links to other Web Sites
    • Site Managers cannot and do not commit that links to other sites, as long as such links exist on the Site, shall be reliable and will lead to an operating internet site. The existence of a link to a certain web site in the Site (the “Linked Site“) shall not be construed as if the Linked Site is reliable and/or up to date and/or full and Site Managers shall not be responsible in any way shape or form regarding the Linked Site.
    • In addition, and without derogating from the above, Site Managers are not responsible in any way shape or form to any direct and/or indirect damages caused to you and/or your property and/or your rights and/or to third parties as a result from using and/or relying on certain information and/or content appearing in Linked Sites and/or because of using and/or relying on certain data appearing in Linked Sites. In addition, all content in Linked Sites, including any and all opinions, offerings, proclamations and/or any other data presented by third parties (the “Opinions“) are the Opinions of those third parties and do not in any way reflect the opinions of Site Managers.
    • You declare and confirm that if you wish to create a link to a Linked Site you will not present it as if the Site Managers have anything to do in any way shape or form to the Linked Site and/or to the legal entity which is behind it and/or its products and/or services and/or any other activity in which the legal entity is involved in any way. Linked Site shall not damage Site and/or Site Managers in any way or derogate from their good name and reputation. Site Managers retain the right to cancel their consent to have a link to a Linked Site on the Site and delete any link, subject solely to their final exclusive opinion without appeal or objection.
    • You are requested to review the policies posted by Linked Sites regarding privacy and other topics before use. Site Managers are not responsible for third party content accessible through the Site, including opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
  1. No Persuasion / Advertising Activity
    • Publication of data in the Site, which is not related to Site Managers and/or their products and/or their services and/or other processes of Site Managers, does not and shall not be construed as a recommendation, support or encouragement from Site Managers regarding said message and does not create sponsorship.
  1. Withholding Service
    • Site Managers retain their right to stop the activity of any user in the Site, at any time, without notice, according to Site Managers sole exclusive and final consideration if user does not comply with Terms of Use and/or any law and/or regulations, including but not limited to blocking IP number and/or technical difficulties in operation of the Site.
    • If user breaches these Terms of Use and/or any law and/or regulations Site Managers will have the right to expose user name and other details known to them according to their final, exclusive, sole consideration without a court order and you hereby waive any claim against Site Managers and/or their workers in relation to exposing your name and other details.
  1. Governing Law
    • Israeli law exclusively governs this Site and Terms of Use and everything regarding them. Any legal claims, conflicts and/or controversies regarding Site and/or Terms of Use and/or using the Site and/or Site contents and/or everything regarding the Site will be brought to the appropriate court in Haifa, Israel, which shall deal with all of the above exclusively according to Israeli law. Foreign law and foreign and/or international tribunals and/or courts are hereby explicitly excluded from being applied and/or being appropriate to deal with anything and everything regarding the Site.
    • If a term of the Terms of Use or parts of such term is ruled to be inappropriate and/or illegal and/or not valid by an appropriate court of law and is canceled, none of the other terms and/or terms in the Terms of Use and/or parts of any term and/or terms shall be canceled. Cancelation of a term of the Terms of Use or part of such term shall be isolated only to that term or part of it and shall not apply to other terms.
  1. Miscellaneous
    • These Terms of Use contain the full contract between you and Site Managers. Terms of Use can only be modified by updating them by Site Managers and cannot be modified otherwise. Site Managers retain all of their rights, including the right to transfer all of their rights and/or commitments, partially or fully, freely and without any limitation, solely and exclusively according to their consideration.
    • If Site Managers decide according to their sole exclusive and final consideration to waive any of their rights regarding a certain breach in the Terms of Use, such waiver shall not be construed in any shape or form as a waiver of another terms in Terms of Use, similar or different. Site Managers shall update the Terms of Use occasionally in the Site without notice and you are responsible to keep yourself updated with these changes.
    • Site Managers hereby announce that they do not commit that the Site does not close and/or that the activity in it shall not be halted temporarily or constantly and they retain their right to close the Site and/or its activity at any time according to their sole, final, exclusive consideration. You hereby confirm and declare that usage of the internet sometimes involves interferences that are beyond the control of Site Managers and/or Site and neither of them shall be considered responsible in any way, shape or form to any obstruction and/or loss of data while transferring data to the internet and/or in any other time. It is also possible that the Site shall be unavailable and/or inaccessible from time to time due to various reasons, including but not limited to maintenance of the Site. Access to the Site may be stopped at times, from various reasons, and/or obstructed and/or halted, temporarily or terminally. You hereby confirm and declare that you exempt Site Managers and/or Site from any responsibility due to any or all damage and/or payment and/or loss that you shall suffer as a result from the above and you shall not hold Site and/or Site Managers responsible for any of the above damages that you may suffer and shall have no claim against them. However, Site Managers shall do everything under their considerable capabilities to carry out their commitments before permanently shutting the Site, if such occasion happens. 
    • Entire Agreement.These Terms of Use in their most recent form, as well as the format that was applicable for users when they used the Site in the past, all according to Site Managers’ exclusive, sole and final decision, comprise the entire understanding and agreements between you and Site Managers as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of Terms of Use, if not applicable), and every nature between and among you and Site Managers.
    • Section headings are for convenience only, and shall not govern the meaning or interpretation of any provision of Terms of Use.
    • Relationship of the Parties.Both you and the Site Managers are independent contractors, and nothing in these Terms of Use shall be deemed to create between you and the Site Managers any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents, in any way, shape or form. You are not authorized to make any obligations on behalf of the Site Managers.
    • Site Managers may amend or modify the Terms of Use by posting on the Site Managers Site the revised Terms of Use, and the revised Terms of Use shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services. You agree that Site Managers shall not be liable to you or any third party for any modification or termination of the Site Services, and/or suspension and/or termination of your access to the Site Services, except to the extent otherwise expressly set forth herein.
    • You may not assign any rights and/or licenses granted under these Terms of Use, the right to use the account is exclusively yours for personal use. Site Managers reserve the right to assign rights without restriction, including without limitation to any Site Managers affiliates or subsidiaries, or to any successor in interest of any business associated with the Site Managers Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
    • Severability. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.
    • Change of Control.In the event that Site Managers are acquired by or merged with a third party entity, Site Managers reserve the right, in any of these circumstances, to transfer or assign the information Site Managers has collected from you as part of such merger, acquisition, sale, or other change of control.
    • All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, Site Managers Account cancellation, debts owed to Site Managers, general use of the Site Managers Site, disputes with Site Managers, and general provisions, shall survive such developments.
    • Force Majeure.Site Managers shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Site Managers’ reasonable control and shall not affect the validity and enforceability of any remaining provisions.
    • English Language Controls.Notwithstanding any other provision of these Terms of Use, any translation of the Terms of Use, if provided, is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

 

  1. Site Managers can be reached through smoothjazzisrael@gmail.com
  2. We wish you a lot of joy using the Site!

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