Terms of use
TERMS OF USE FOR THE SITE (INCLUDING TICKET SALES)
Dear Users!
Please read the Site’s Terms of Use and Privacy Policy, which constitute a fundamental agreement between us and you, prior to browsing the Site or using any of its services. The Terms of Use and Privacy Policy will be known hereinafter as – “the Terms of Use.”
Please note!
The use of Site services or any part thereof (including browsing, registering to receive newsletters and purchasing tickets via the Site) will constitute consent on your part to the Terms of Use.
If you do not agree with the provisions of the Terms of Use or any part thereof – do not browse the Site and do not make use of its services in any other manner.
Violation of the Terms of Use and/or the violation of any undertaking by a User of any of those specified in the Terms of Use is liable to block access to the Site, in addition to any other right available to the Hebrew Music Museum according to law.
The aforesaid constitutes an integral part of the Terms of Use.
Introduction
- The Site is the official Internet site of the Hebrew Music Museum (hereinafter – “the Museum”), located and operated under the domain name at the address hebrewmusicmuseum.com, or any sub-domain name (hereinafter: “the Site”) and it is under the ownership of L. Levy Real Estate Co. Ltd. Private Co. 513982355.
- In addition, the Museum also operates content environments within other platforms such as: Facebook, Instagram, YouTube, Tik Tok and additional media pages (hereinafter – “Content Areas”). Everything stated in these Terms of Use will apply equally to the use of these Content Areas and to any content that will be displayed therein.
- That which is stated above and below apply to any User of the Site and the use of the masculine gender is solely for the sake of convenience.
- The section headings of the Terms of Use are made solely for the sake of convenience and are not to be considered as binding or assisting in interpretation.
- The Terms of Use apply to any use made of the Site whether by means of the Internet or in any other way. In addition, the Terms of Use apply to use of the Site in any form whatsoever by means of computers or any other device, including cellular telephones, handheld computers, and the like.
- These Terms of Use apply to any content presented on the Site, even if it is presented via a link from deep within another domain.
- The Museum reserves the right to amend and/or derogate from and/or add terms to the Terms of Use and to block or limit, without prior notice, access to the Site at any time. You must check the Site from time to time for legal notices which appear on it and other additional terms since these will apply to you.
- The Museum may determine that the use of services on the Site or part thereof is subject to payment, as indicated in the body of the Site near every service requiring payment. Various terms relating to payment, which are likely to appear near the service as aforesaid, also constitute an integral part of these Terms of Use.
- In addition to the definitions appearing in any other place in the Terms of Use, the following definitions will apply:
- “User”/ “Users”: Any entity browsing the Site whether for payment or without payment, whether with or without permission of the entity in charge of the User.
- “Person in Charge”: The parents or legal guardian of a User who is a minor or legally incapacitated.
- “Content” or “Contents”: Any information of any kind whatsoever, including any notice, verbal content, visual, vocal, audiovisual content as well as any combination thereof and their design, processing, editing, distribution and manner of presentation, including (but not limited to): any image, photograph, illustration, animation, diagram, figure, visualization, selection, video, sound file and music file, software, file, computer code, application, format, protocol, database and interface and any note, sign, symbol and icon.
General Terms and Rights to Content
- Unless explicitly stated otherwise, all copyrights and other intellectual property rights to all material, content and information on the Site (including, inter alia, the Site’s name, photographs, illustrations, symbols and more) are under the exclusive ownership of the Hebrew Music Museum (with the permission of L. Levy Real Estate Co. Ltd.) or whoever granted it the license to use these materials. The provision of access to the Site or use of the Site will not grant or transfer to the User or to any third party whatsoever the right of ownership, use, intellectual property right or any other rights whatsoever. It is hereby clarified that all of the rights and ownership of this Site, the material and content included therein in every aspect related to the Site are under the exclusive ownership of the Museum and/or anyone on its behalf. The Site is protected by copyright laws and by law. In the event that you violate the provisions of these Terms of Use or the terms appearing on the Site, your permission to use the Site will immediately be rescinded. All rights are reserved to the Museum.
- The Museum and/or the bodies related thereto, as the case may be, reserves the right to make use of programs and content and information as aforesaid in accordance with their sole and free discretion in any place and in any manner, without any restriction and without the need to obtain authorization or payment of any consideration, including to sell, transfer, copy, modify, use, present and perform in public and to grant sub-licenses in the aforesaid content or in any part thereof subject to the provisions of law.
- A User who found that content and/or information and/or a link uploaded to the Site violates their rights will inform the Museum of the violation by sending an email to the address: [email protected]: The User’s email will include accurate information about the User – full name, postal address, email address and telephone number so that it will be possible to identify and contact him.
- The Museum reserves the right at its exclusive discretion at any time and without prior notice to coordinate and/or to suspend and/or halt and/or modify and/or limit Site services, the information appearing therein, the Site content – in whole or in part – including permission for access, availability of activities and services, various content, Museum hours, content and programs and/or equipment required for access to the Site and services. The Museum reserves the right to limit certain activities and/or access to Site services – in whole or in part – with respect to a certain User or in general. In any event, the Museum disclaims all liability for any damages resulting from the aforesaid, even if the Museum anticipated or could have anticipated such damages.
- The Museum reserves the right to modify and/or amend and/or derogate from and/or add terms to the Terms of Use or part thereof at any time, at its sole discretion and without the provision of advance notice. Terms of Use that were modified and/or amended will be published on the Site and will be binding upon their publication.
- The Museum will be able to offer at its sole discretion special activities and content subject to special or different terms, and will bring this to the attention of the Users or part thereof. It is hereby clarified that participation in activities and/or exposure to said special content will be deemed as consent to the special terms, which will be specified insofar as possible close to the date of any such activity.
User Statements and Undertakings
- The Site User hereby affirms and undertakes as follows:
- They are above age 18 and authorized to enter into this agreement, and if they are under age 18 or incapacitated, they have entered into this agreement with the consent of the person in charge, and if it is a company, it is duly incorporated.
- They and any User on their behalf will observe these Terms of Use in full and/or the provisions of any law and/or the Museum’s instructions with regard to the Site’s use and the User will be liable for use made of the Site by any user on their behalf.
- Any information provided to the Museum or to any other entity for registration and/or purchasing and/or as required in any place on the Site, including credit card details and any information that is published or uploaded will be correct, accurate, truthful and not misleading.
- They will be liable for any damage caused to a User and/or any third party resulting from reliance on the content presented on the Site and/or by means of the Site, and they are aware that the Hebrew Music Museum will not bear liability for any direct and/or indirect damage, monetary or otherwise, that is caused to Users and/or third parties resulting from use of the Site and/or reliance on the content appearing therein. The content of this section will also apply if the Hebrew Music Museum and/or anyone on its behalf anticipated or could have anticipated the damage in advance.
- They are aware that the personal information provided, if provided, will be stored in the database as specified in the Privacy Policy below and subject to the provisions of law.
- They are aware that the Hebrew Music Museum does not supply any equipment and/or facilities required for Internet access and for receiving Site services including telephony equipment, modems and Internet access programs.
- They will not copy and/or download and/or distribute and/or sell and/or trade and/or modify and/or process and/or present in public and/or use the Site and/or its content, in whole or in part, unless they received the Museum’s explicit authorization in advance and in writing. The User affirms that they are aware that the Museum is liable to be charged payment to third parties with respect to a violation of this section and they undertake to indemnify and/or compensate the Museum without delay for any amount the Museum is required to pay a third party, as aforesaid, including legal expenses and actual legal representation fees which the Museum incurred as a result. In addition, the User agrees in advance that in the event of their violation of this section the Museum will be entitled to receive from any Internet provider and from any other entity identifying details regarding the User.
- Without derogating from the content of sub-section g., any download and/or copying and/or other use insofar as it has been approved by the Museum will be done with notification that this was carried out with the Museum’s approval and that all rights are reserved for the Museum, and credit will be presented according to the Museum’s requirement.
- The Site services and/or content published it will be used solely within the framework of the Site and/or in accordance with these Terms of Use and/or according to law. The Site services may not be used for purposes of profit or commerce.
- They will compensate and/or indemnify the Museum forthwith upon first demand of the Museum and/or any other entity to whom content belong that are included on the Site and any license holder and/or other rights holder on the Site for any damage that will be caused thereto in connection with the User’s violation of these Terms of Use. In the event that a lawsuit and/or any other proceeding will be filed against the Museum in connection with the violation of the Terms of Use by the User, the Museum reserves the right to conduct its own defense in proceedings taken against it and the User undertakes to cooperate with the Museum in any legal proceeding, as stated.
Advertising Content and Newsletter Service
- The Museum is entitled, but not obligated, to send Users advertisements, updates, innovations and the like (jointly: “Marketing Mailings”) from time to time, inter alia, by via email messages, SMS or in any other communication format and any other accepted means to transfer information subject to obtaining consent of the recipient, in accordance with the content of Section 30A of the Communications Law (Telecommunications and Broadcasting), 5742-1982.
- Furthermore, any User over the age of 18 (including companies and corporations) will be entitled to register for the Museum Newsletter (Mailing) Service – mailings which will be sent from time to time by the Museum and which will include information, updates and various advertisements with regard to Museum events, special exhibits and projects (hereinafter: “the Service”). Joining the Service is free of charge.
- A User who joins the Service accepts all of these Terms of Use, and undertakes to act in accordance thereto.
- By registering for the Mailing Service on the Museum Site, the User consents to these Terms of Use, including the use of their personal information and its inclusion in a database as specified in this document.
- When joining the Museum Site’s Mailing Service, the User agrees that the Museum reserves the right, subject to law, to forward their personal information to other entities for coordinating and improving the terms of Service, provided that the third party who receives such personal information will not make any use thereof apart from what is permitted by law, will maintain such in confidence and will not forward this information to any other entity without the Museum’s consent in order not to violate the privacy of the Users. The User agrees to said use of information and confirms that the use of their personal information will not be deemed a violation of the User’s privacy and will not entitle them to any remedy and/or compensation whatsoever.
- The User will be permitted to cancel their consent to receiving Marketing Mailings by providing written notice to [email protected]. In the event of the cancelation of the User’s consent as stated, the Museum reserves the right, at its discretion, to cancel registration to the Service.
- Any User of the Service will be permitted to cancel their registration at any time by means of clicking on the link “Remove” which appears in each newsletter sent out by the Museum.
- The Museum reserves the right not to authorize a person’s request to join the Mailing Service at its discretion and without any obligation to provide grounds for its refusal.
- The Service User will be required to report to the Museum with regard to changes occurring in their personal information in order to enable continuous and satisfactory connection. The Museum disclaims all liability for failure to receive the Service due to the User’s failure to update their personal information.
- The Museum reserves the right to decide at any time on the cessation of the Service.
Purchasing Tickets on the Site
- The Site offers the option for online purchase of tickets to the Museum. It is clarified that the sale of products is not performed by the Museum but by Ticketsoft Co. Ltd. (“the Tickets Company”), which is liable for operation of the Site’s sales system (receiving orders, payment, charges, delivery and everything related thereto). A User who will choose to purchase tickets online will be subject, in addition to these Terms of Use, to the regulations of the Tickets Company and will be requested to confirm their consent to the Tickets Company’s regulations when making the purchase.
- The Site will allow ticket purchases by the User provided they are over 18 years old. Such purchases will require the provision of personal information necessary to make the purchase. For the avoidance of doubt, all of the details the User will provide at the time of ordering a ticket will go directly to the Tickets Company, and the Museum will bear no liability with respect to the use of this information made by the Tickets Company. The User is aware and agrees that the Museum’s Privacy Policy published on the Site does not apply to the Tickets Company and it is possible that the Tickets Company will make use of the information it receives not in accordance with the Museum’s Privacy Policy.
- When ordering tickets, the User undertakes to provide all of the required information fully and accurately. Without derogating from any other remedy available to the Museum in accordance with this agreement or in accordance with law with regard to the provision of inaccurate and/or incomplete information, the Museum disclaims any liability for difficulty in ordering the tickets and/or their delivery to the User.
- In the event the User cancels a purchase up until the day prior to the date of the event, the User will be entitled to a monetary refund.
- In the event the User cancels a purchase on the day of the event, the Museum will not be obligated to refund any amount whatsoever it received and monetary refunds will be made only in exceptional cases and in accordance with the sole discretion of the Museum.
Museum Policy Pertaining to Content and Dates of Special Events, Ticket Collection and Entry to Events
- Free of charge events:
- The Museum permits ordering only two tickets per person in advance, or if otherwise indicated on the official notice on behalf of the Museum or if written authorization was received from the Museum.
- Tickets ordered in advance will be reserved for the person ordering the tickets at the Museum box office up to 20 minutes prior to the start of the event. If the person ordering the tickets does not pick up the tickets up to 20 minutes prior to the start of the event, the tickets will be returned to the box office.
- For paid events: Reserved seats will not be held for the person ordering tickets after the start of the event.
- For all events (whether for payment or free of charge):
- Entry will not be permitted to the event 20 minutes after it has started. Notwithstanding that which is stated in this section, the event manager reserves the right to decide in certain cases according to their sole discretion that entry to the event will not be possible even immediately after the event starts, and in certain other cases to permit entry to the event even 20 minutes after it has started.
- The Museum reserves the right to make changes at any time in its program of any kind whatsoever (including content, date, time, location, duration of performance, artists and/or actors who are appearing and the like) without prior notice to the User and without the User being entitled to compensation or any remedy, except for a refund of payment for the tickets if one or more of the following conditions has been fulfilled:
- Date of the event was changed or the event was canceled.
- The start time of the event was changed by more than 30 minutes.
- A key figure from among the event participants was replaced.
- In addition to the content of this Agreement, the terms specified on the Site pertaining to a specific event will apply to ticket purchases.
- The Museum reserves the right to decide when and in which manner and/or by which means (telephone sales only, online Site sales only, box office sales in the Museum building only or by a combination of these), tickets will be sold for a certain event.
Notice and Removal Procedure
- If you are of the opinion that any content and/or works under your ownership presented on the Site violate your intellectual property rights, including copyrights and/or invade your privacy and/or are offensive and/or inappropriate and/or constitute defamation and/or contain pornography, please contact us with a request for its removal (to the following email address [email protected] or via the “Contact Us” form). Please accurately identify the content in violation, specify your claims and attach supporting documents to substantiate this claim, and provide contact information including your email address, name and identifying details. If the content is be found to be a violation of your rights it will be removed as soon as possible and an email notice will be sent to you regarding the matter. As indicated above, since we do not undertake to monitor the content uploaded to the Site by Users, we will not be aware that content in violation is published there without your contacting us. We disclaim liability for content in violation, as stated herein in this section.
- Without derogating from the aforesaid, we reserve the right, at any time and at our sole discretion, with or without receiving a specific request, to remove and/or delete and/or replace any content, information or link uploaded to the Site and/or to refuse to enter data or upload it to the Site without having to provide grounds for such decision. Furthermore, we reserve the right to cancel the registration of a User of the Site and/or to block access to the Site and/or to prohibit a certain User from publishing additional content on the Site, all at our exclusive discretion.
Limit of Liability
- Site services are provided As Is. The Museum neither undertakes nor assumes liability vis-à-vis Site Users regard the quality of services and/or the Site content and/or the accessibility of services. For the avoidance of doubt, it is hereby stated that the Museum takes measures to secure the Site and safeguard Users’ privacy in accordance with the Site’s Privacy Policy, which will be published periodically on the Site; however, the Museum disclaims all liability for any violation, fault or other security defect, regardless of the reason, and use of the Site and its services remains the sole liability of the Users.
- The User will be aware that some of the services on the Site will be provided by other entities on behalf of the Museum. Insofar as this matter was noted on the Site, the Museum assumes no liability whatsoever for activity of other entities.
- Without derogating from the content of these Terms of Use, the Museum assumes no liability with regard to content published on the Site and/or with regard to services and/or products and/or deals offered by third parties, including advertising content, coupons and commercial information of any kind displayed on the Site, if and insofar as such will be displayed, or for any outcome and/or damages resulting from their advertisement on the Site and/or reliance thereon and/or use thereof. Individuals entering into an agreement with an entity following advertisements made on the Site do so at their own risk and the Museum assumes no liability, even if it was aware or should have been aware of potential damage and/or outcomes as stated.
- Publication of advertisements and/or coupons and/or sales on the Site does not constitute a recommendation or endorsement by the Museum to purchase services and/or products offered. The terms of each transaction resulting from an advertisement, coupon, sale or any other information published on the Site will be agreed upon directly between the Users and the respective advertiser and/or supplier and at their sole liability. It is clarified that the Museum does not inspect the content advertised by any third party on the Site and is not liable for the content thereof. For the avoidance of doubt, the Museum is not and will not be a party to any such transaction as stated. The Users and subscribers do hereby fully and irrevocably waive any contention and/or claim against the Museum with regard to information, advertisements and content, as stated.
- Links to other sites, Israeli or foreign (hereinafter – “Other Sites”) may appear on the Site. The Museum disclaims all liability for these sites, their content or the services offered therein. The Museum disclaims all liability for services on other sites and/or for any damage caused by them, including emotional harm to the User. The Museum disclaims all liability for services and/or products purchased on other sites and/or which can be purchased on other sites and/or to secure information and/or the manner of use of the User’s information made on other sites. Links to other sites found on the Museum Site do not constitute any recommendation to visit any of them, except if the matter is explicitly indicated. The Museum declares that it has not taken steps to verify the accuracy or reliability of content on other sites as stated, or the suitability of the services and/or products offered via sites as stated for various users. The Museum recommends to thoroughly inspect every site prior to browsing and/or taking part in activities, and in any event – anyone entering another site via a link from the Site does so at their own risk.
- The Museum disclaims all liability for interruptions, difficulties, response times, viruses or any other factor which is liable to hinder or harm Site services and/or to cause any damages whatsoever to Site Users.
- The Museum disclaims all liability for damages that will be caused to the computer system and/or facilities of the User and/or the subscriber, loss of information or any other damage ensuing from the Site’s use, including from downloading information and/or programs by means of Site services.
Violation of this Agreement
- Without derogating from any other remedy available to the Museum in accordance with this Agreement and/or according to law, the Museum reserves the right to take any action in order to prevent a violation of the Agreement and/or a repeated violation thereof, including blocking access and/or disconnecting a User and/or limiting access to the Site and/or any other action aimed at preventing a violation of the Agreement and/or limiting the damage caused by a prior violation.
- In the event of a violation of the Terms of this Agreement, the User hereby waives their rights under the Protection of Privacy Law and/or according to any applicable privacy protection law, and hereby agrees in advance that the Museum will be permitted to obtain their identifying information from any entity whatsoever, including Internet providers.
- The User will compensate and/or indemnify the Museum and/or anyone on its behalf with respect to any damage incurred as a result of the violation of the Terms of Use.
Miscellaneous
- The Museum exclusively reserves the right to assign, endorse, transfer or pledge its rights (included herein its right to receive payment from Users) and/or its undertakings according to these Terms of Use, including the Privacy Policy, in whole or in part, to any third party it so chooses, without requiring the User’s authorization or prior notice, and provided that the User’s rights will not be violated.
- The laws of the State of Israel exclusively apply to the Terms of Use and any dispute ensuing from or related to use of the Site and/or the content appearing therein, and jurisdiction with regard to any matter related thereto and/or ensuing therefrom is granted to the competent court in the State of Israel, solely in the Jerusalem district.
- The Terms of Use, which constitute as stated a binding agreement between the Museum and the User exhaust all aspects of the agreement between the Parties and supersede any representation and/or undertaking and/or consent made prior in writing and/or orally by either of the Parties. No waiver, concession, avoidance or delay by the Museum in exercising its rights according to this Agreement will be construed as a waiver or preclusion, unless made in writing.
- The services and products offered on the Site are offered to any User under the same conditions. The Terms of Use may appear on the Site in translation into other languages. A translation of these Terms of Use appearing on the Site has been made to accurately convey the meaning of its provisions; however insofar as there will be a contradiction between the Terms of Use in Hebrew and their translation into another language, the Hebrew version shall prevail.
- The Museum reserves the right to send various notices to the User and/or subscriber in one of the following ways:
- By means of a notice in a general information window on the Site
- By means of email to the User’s email address as provided by the User.
Any User will be permitted to transfer notices to the Museum by means of email to the address: [email protected]. Any notices sent to the Site will be deemed to be received on the next business day following the date on which it was actually received. In the event of notices that are sent by means of the Site, these will be deemed to have been delivered at the time when first use of Site services was made following the dispatch of the notice.