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Website Terms of Use (including Ticket Sale Terms)

Website Terms of Use (including Ticket Sale Terms)

Dear Visitors! Please read the site’s Terms of Use and Privacy Statement carefully, which constitute an agreement between us and you, in full before browsing the site or making any use of its services. The Terms of Use and Privacy Statement will hereinafter be referred to as – “Terms of Use”. Important to know! Using the site’s services or any part thereof (including browsing, registering to receive newsletters, and purchasing tickets through the site) will constitute your agreement to the Terms of Use. If you do not agree to the provisions of the Terms of Use or any part thereof – do not browse the site and do not use its services in any other way. Violation of the Terms of Use and/or violation of any obligation of the visitor among those detailed in the Terms of Use may result in blocking access to the site, in addition to any other right available to the Hebrew Music Museum under any law. The above is an integral part of the Terms of Use.

Introduction

     
  1. The site is the official website of the Hebrew Music Museum (hereinafter – the “Museum“), which is located and operates under the domain name hebrewmusicmuseum.com, or any sub-domain name (hereinafter: the “Site“), and is owned by L. Levy Real Estate Ltd., Company No. 513982355.
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  3. In addition, the Museum operates content environments within other platforms, such as: Facebook, Instagram, YouTube, TikTok, and other media pages (hereinafter: “Content Environments“), and everything stated in these terms of use shall apply equally to the use of these content environments and to any content displayed therein.
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  5. What is written above and below applies to every male and female user of the site, and the use of the masculine gender is for convenience only.
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  7. The chapter headings of the terms of use are for convenience only and shall not be seen as binding or as assisting in interpretation.
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  9. The terms of use apply to any use made of the site, whether via the internet or in any other way. Likewise, the terms of use apply to the use of the site in any form via computers or any other device, including cell phones, PDAs, etc.
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  11. These terms of use apply to all content displayed on the site, even if displayed via a deep link from another domain.
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  13. The Museum reserves the right to correct and/or subtract and/or add conditions to the terms of use as well as to block or restrict access to the site, at any time. You must check the site, the legal notices appearing in it, and the other additional conditions from time to time, as they are binding upon you. In the event of a change in the terms of use, we will update you on the home page of the site via a “pop-up” window where you will be offered the option to confirm the updated terms of use, and continued use of the site after the change indicates your consent to the new terms. If you do not agree with the new terms, you must cease further use of the site.
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  15. The Museum shall be entitled to determine that the use of services on the site or part of them involves payment, as indicated in the body of the site next to each paid service. Various conditions regarding payment, which may appear next to such a service, also constitute an integral part of these terms of use.
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  17. In addition to the definitions appearing everywhere else in the terms of use, the following definitions shall apply:
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  19. “User”/”Users”: any person browsing the site, whether for payment or not, whether with the permission of the person responsible for the user or without it.
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  21. “The Person Responsible”: the parents or guardian of a minor user or a legally incompetent person.
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  23. “Content” or “Contents”: any information of any kind, including any message, verbal, visual, vocal, or audio-visual content, as well as any combination thereof and their design, processing, editing, distribution, and way of presentation, including (but not limited to): any image, photograph, illustration, animation, chart, character, simulation, sample, video clip, vocal file and music file, software, file, computer code, application, format, protocol, database, and interface, and any character, sign, symbol, and icon.

General Terms and Rights in Content

     
  1. Unless explicitly stated otherwise, all ownership and intellectual property rights of any kind, including copyrights in the site and in all materials, contents, and information on the site (including, among others, the name of the site, photographs, illustrations, symbols, etc.) are the exclusive property of the Hebrew Music Museum (under the authority of L. Levy Real Estate Ltd.) or whoever granted it the license to use these materials. The granting of access or use of the site does not grant or transfer to the user or any third party any right of ownership, use, intellectual property right, or any other rights; it is hereby clarified that all rights are reserved. The site is protected under copyright laws and according to any law. In the event that you violate the provisions of these terms of use or the conditions appearing on the site, the permission granted to you to use the site shall expire immediately. All rights are reserved to the Museum.
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  3. The Museum and/or entities associated with it, as the case may be, shall be entitled to make use of the software and the content and information mentioned above at their sole and free discretion, in any place and in any manner, without any restriction, and without the need to receive any approval or pay any consideration, including selling, transferring, copying, changing, using, displaying, and performing publicly and granting sub-licenses for the said content or part thereof, subject to the provisions of any law.
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  5. A user who finds that content and/or information and/or a link uploaded to the site violates their rights shall notify the Museum of the violation through a written inquiry to the email address: contact@hebrewmusicmuseum.com. The user’s notice shall include exact details about the user – full name, mailing address, email address, and phone number, in a way that allows for identification and contact.
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  7. The Museum shall be entitled, at its sole discretion at any time and without prior notice, to adapt and/or suspend and/or stop and/or change and/or limit the site’s services, the information appearing in it, the site’s content – all or part of it – including access permissions, availability of activities and services, various contents, operating hours, content, as well as software and/or equipment required for access to the site and its services. The Museum reserves the right to limit certain activities and/or access to the site’s services all or in part, regarding a specific user or in general. In any case, the Museum shall not bear responsibility for any damages resulting from the above, even if it anticipated or could have anticipated such damages.
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  9. The Museum may change and/or correct and/or subtract and/or add conditions to the terms of use or parts of them at any time, at its sole discretion as detailed above. Changed and/or corrected terms of use will be published on the site and will be binding from the moment of their publication.
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  11. The Museum may offer, at its sole discretion, special activities and content subject to special or different conditions that will be brought to the attention of the users or some of them. It is hereby clarified that participation in activities and/or exposure to the said special content will be considered as consent to the special conditions, which will be detailed as much as possible next to each such special activity.

Declarations and Obligations of Users

     
  1. The user of the site declares and undertakes as follows:
     
  1. He is over 18 years old and authorized to enter into this agreement, and if he is not yet 18 years old or is legally incompetent, his entry into this agreement is done with the consent of the Person Responsible, and if it is a corporation, it is duly incorporated. In the event that a minor has provided us with information about himself, the parent or guardian of the minor must contact us and request to delete the information from our records.
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  3. He and all users on his behalf will fully comply with these terms of use and/or the provisions of any law and/or the instructions of the Museum, within the framework of their use of the site, and the user will be responsible for the use made of the site by any user on his behalf.
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  5. All information he provides to the Museum or to any other factor for the purpose of registration and/or purchase and/or as required anywhere on the site, including credit card data, and any information published and uploaded by him will be true, accurate, consistent with reality, and not misleading.
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  7. That he will be responsible for any damage caused to the user and/or any third party as a result of relying on the content presented on the site and/or through it, and that he knows that the Hebrew Music Museum will not bear responsibility for any direct and/or indirect damage, financial or otherwise, caused to users and/or third parties as a result of using the site and/or relying on the content appearing in it. The stated in this section shall apply even if the Hebrew Music Museum and/or anyone on its behalf anticipated or could have anticipated the damage in advance.
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  9. That he knows that the personal details provided by him, to the extent provided, will be stored in a database, as detailed in the privacy policy below and subject to the provisions of any law.
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  11. That he knows that the Hebrew Music Museum does not provide any equipment and/or infrastructure required for the purpose of internet access and for the purpose of receiving the site’s services, including telephony equipment, modems, and internet access software.
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  13. Not to copy and/or “download” and/or distribute and/or sell and/or trade and/or change and/or process and/or publicly display and/or use the site and/or its content in whole or in part, unless he has received the express permission of the Museum in advance and in writing. The user declares that he knows that the Museum may be liable for payment to third parties for his violation of this section, and he undertakes to indemnify and/or compensate it without delay for any amount the Museum will be required to pay to such a third party, including for legal expenses and actual attorney fees incurred by the Museum because of this. Also, the user agrees in advance that in case of violation of this section by him, the Museum will be entitled to receive identifying details about him from any internet provider and any other factor.
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  15. Without derogating from the provisions of sub-section G, any “downloading” and/or copying and/or any other use, to the extent approved by the Museum, shall be done with a mention that it was done with the Museum’s permission and that all rights are reserved to the Museum, and credit will be displayed according to the Museum’s requirement.
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  17. Not to use the site’s services and/or the content appearing in it outside the framework of the site and/or according to these terms of use and/or according to law and not to use the site’s services for profit or for commercial purposes.
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  19. To compensate and/or indemnify immediately upon first demand the Museum and/or any factor whose contents are included in the site, as well as any licensee and/or owner of other rights in the site, for any damage caused to them due to the violation of the terms of use. In the event that a legal claim and/or any other procedure is filed against the Museum in connection with a user’s violation of the terms of use, the Museum reserves its right to manage the defense itself in the proceedings taken against it, and the user undertakes to cooperate with the Museum in any such legal proceeding.

Promotional Content and Newsletter Subscription Service

     
  1. The Museum may, but is not obligated to, send users advertisements, updates, innovations, and the like (collectively: “Marketing Direct Mail“) from time to time, including through emails, SMS, or any other accepted form of communication and information transfer, subject to receiving the recipient’s consent in accordance with section 30A of the Communications Law (Telecommunications and Broadcasting), 1982.
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  3. In addition, any user over the age of 18 (including companies and corporations) shall be entitled to register for the service of receiving newsletters (mailing) from the Museum – mailing which will be sent occasionally by the Museum and will include information, updates, and various publications regarding events, exhibitions, and special projects of the Museum (hereinafter: the “Service“). Joining the service is free of charge.
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  5. A user joining the service accepts all these terms of use and undertakes to act according to them.
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  7. By registering for the service from the Museum’s website, the user gives his consent to these terms of use, including the use of his details and their inclusion in a database as detailed in this document.
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  9. By joining the mailing service from the Museum’s website, the user agrees that the Museum shall be entitled, subject to any law, to transfer his details to other entities for the purpose of adjustment and improvement in the service conditions, provided that the third party to whom the details are transferred does not use them beyond what is permitted by law, maintains their confidentiality, and does not transfer them to any other entity without the Museum’s consent, and that the privacy of the users will not be harmed. The user agrees to the said use of information and confirms that its use will not be considered a violation of the user’s privacy and will not entitle him to any remedy and/or compensation.
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  11. The user may cancel his consent to receive marketing direct mail by providing written notice to that effect to the address contact@hebrewmusicmuseum.com. In the event of the user’s cancellation of consent as stated here, the Museum may, at its discretion, cancel the registration for the service.
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  13. Every user of the service shall be entitled to cancel his registration for the service at any time, by clicking on the “Unsubscribe” link appearing in each of the newsletters sent by the Museum.
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  15. The Museum may not approve a person’s joining the mailing service, at its discretion and without being obligated to justify its refusal.
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  17. The user of the service shall be responsible for reporting to the Museum regarding changes that occur in his personal details, in order to allow continuous and proper contact with him. The Museum will not be responsible for failure to receive the service because of the user’s failure to update personal details.
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  19. The Museum shall be entitled to decide at any time to terminate the service.

Purchasing Tickets Through the Site

     
  1. The site offers an option for online purchase of tickets to the Museum. It is clarified that the sale of products is not done by the Museum, but by Ticketsoft Ltd. (“The Ticket Company“) and that it bears responsibility for everything related to the operation of the sales system on the site (receiving orders, clearing, billing, shipping, and everything related thereto). A user who chooses to perform an online ticket purchase will be subject, in addition to these terms of use, to the regulations of the Ticket Company and will be asked to confirm his agreement to the regulations of the Ticket Company during the purchase.
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  3. Ticket purchases by the user will be possible on the site, provided he is over 18 years old. These purchases will involve providing details as required to perform the purchase. For the avoidance of doubt, all the details the user is required to provide when placing a ticket order will go directly to the Ticket Company, and the Museum bears no responsibility for the use that will be made by the Ticket Company of these data. It is known to the user and he agrees that the Museum’s privacy statement published on the site does not apply to the Ticket Company, and it is possible that the Ticket Company will make use of the details transferred to it not in accordance with the Museum’s privacy statement.
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  5. The user undertakes to provide, when placing a ticket order, all the details required for this in a full and accurate manner. Without derogating from any other remedy available to the Museum under this agreement or under any law for providing inaccurate and/or incomplete details, if the user provided incomplete and/or inaccurate details, the Museum will not be responsible for any malfunction in the ordering of tickets and/or in their delivery to the user.
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  7. In case of cancellation of a purchase by the user within 14 days from the day of purchase and up to 5 days before the event (the day before the event is considered until midnight), the user will be entitled to a full refund. In case of cancellation of a purchase by the user within 5 days before the event or on the day of the event (from midnight), Kikar HaMusika / The Museum will not be obligated to return any amount collected by it, and refunds will be made in exceptional cases only, and at the sole discretion of Kikar HaMusika / The Museum.

Museum Policy Regarding Content and Special Event Dates, Ticket Collection, and Event Entry

     
  1. For free events:
     
  1. The Museum allows for pre-ordering 2 tickets for one person only unless otherwise stated in the official notice on behalf of the Museum or if written approval has been received from the Museum.
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  3. Tickets ordered in advance will be saved for the orderer at the Museum’s box office until 20 minutes before the start of the event. If the orderer does not collect the tickets by 20 minutes before the start of the event, the tickets will be returned to the box office.
     
  1. For paid events: Reserved places will not be saved for the orderer after the start of the event.
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  3. For all events (whether free or paid):
       
    1. Entry to the event will not be possible 20 minutes after its start. Despite what is stated in this section, the event manager may decide in certain cases at his sole discretion that entry to the event will not be possible even immediately after its start and in other certain cases, allow entry to the event even after 20 minutes from its start.
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    3. The Museum reserves the right to perform changes to its content of any kind at any time (including content, date, time, location, length of performance, performing artists and/or actors, etc.) without prior notice to the user and without the user being entitled to any compensation or remedy, except for a refund of payment for the tickets upon fulfillment of one or more of the following conditions:
2.2. The event start time changed by a period exceeding 30 minutes. 2.3. A central figure among the event participants was replaced.
     
  1. In addition to what is stated in this agreement, the conditions detailed on the site regarding the specific event shall apply to ticket purchases.
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  3. The Museum reserves the right to decide when and in what way and/or means (phone sale only, site sale only, box office sale only at the Museum building), or a combination thereof, tickets for a certain event will be sold.

Notice and Takedown Procedure

     
  1. If contents and/or works owned by you are displayed on the site and in your opinion violate your intellectual property rights, including your copyrights and/or harm your privacy and/or are offensive and/or inappropriate and/or constitute defamation and/or contain pornography, you are invited to contact us with a request to remove them (to the following email address: contact@hebrewmusicmuseum.com, or through the “Contact Us” form), with a precise reference to the infringing content, detailing your claims and attaching documentation of such, as well as contact details, including email, name, and identifying details. If the content is found to be infringing, it will be removed as soon as possible and a notice will be sent to you by email regarding the matter. As stated above, since we do not undertake to monitor the contents uploaded to the site by users, we will not know that infringing content is published in them without you contacting us. We will not be responsible for infringing content as stated in this section.
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  3. Without derogating from the above, we shall be entitled, at any time and at our sole discretion, whether we received a demand for it or not, to remove and/or delete and/or change any content, information, or link uploaded to the site and/or refuse to enter or load it to the site without being obligated to justify this decision. Also, we shall be entitled to cancel a user’s registration for the site and/or block his access to the site and/or prevent a certain user from publishing additional content on the site, at our sole discretion.

Limitation of Liability

     
  1. The site’s services are provided as they are (AS IS). The Museum does not undertake and will not be responsible towards site users regarding the quality of services and/or the content on the site and/or the availability of services therein. For the avoidance of doubt, it is hereby declared that the Museum takes steps to secure the site and protect user privacy, in accordance with the site’s privacy statement as will be published on the site from time to time, but will not be responsible for any breach, malfunction, or other defect in security, whatever its cause, and the use of the site and its services is at the sole responsibility of the users.
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  3. It is known to the user that some of the services on the site will be provided by other parties on behalf of the Museum. To the extent this is noted on the site, the Museum shall not bear any responsibility for the activity of those other parties.
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  5. Without derogating from what is stated in these terms of use, the Museum shall not bear responsibility relative to contents that will be published on the site and/or relative to services and/or products and/or deals offered by third parties, including the content of advertisements, coupons, and commercial information of any kind appearing on the site, if and to the extent they appear, or for any result and/or damage due to their publication and/or reliance on them and/or use of them. Anyone who enters into contact with any factor following publications made on the site does so at his own responsibility only, and the Museum shall not bear any responsibility because of this, even if it knew or should have known about anticipated damage and/or result as stated.
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  7. The publication of advertisements and/or coupons and/or deals on the site does not constitute a recommendation or encouragement from the Museum to purchase the services and/or products offered in them, and the terms of any transaction performed following an advertisement, coupon, deal, or any other information published on the site will be summarized directly between the users and the relevant advertiser and/or supplier and at their responsibility only. It is clarified that the Museum did not check the contents published by a third party on the site, and is not responsible for what is said in them. For the avoidance of doubt, the Museum is not and will not be a party to any such transaction. Users and subscribers hereby waive fully and irrevocably any claim and/or suit against the Museum relative to such information, publications, and contents.
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  9. Links to other sites, Israeli or foreign (hereinafter – “Other Sites”) may appear on the site. The Museum is not responsible for these sites, for the contents in them, or for the services offered in them. The Museum is not responsible for services on other sites and/or for any damage caused by them, including injury to user feelings. The Museum is not responsible for services and/or products purchased and/or that can be purchased on other sites and/or for the security of information and/or the manner of use of user details done on other sites. The presence of links to other sites on the Museum’s site does not constitute a recommendation to visit any of them, unless specifically stated otherwise. The Museum declares that no steps were taken on its behalf to check the correctness or reliability of the contents included in the said other sites, or the services and/or products offered through such sites, or their suitability for such or other users. The Museum recommends checking every other site thoroughly before browsing it and/or taking part in activities offered in it, and in any case – anyone who enters another site via a link from the site does so at his own responsibility only.
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  11. The Museum shall not bear any responsibility for interruptions, malfunctions, response times, viruses, or any other factor which may interrupt or damage the site’s services and/or cause any damages to users on the site.
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  13. The Museum shall not bear any responsibility for damages caused to the computer system and/or infrastructures of the user and/or subscriber, loss of information, or any other damage resulting from use of the site, including due to downloading information and/or software via the site’s services.

Violation of this Agreement

     
  1. Without derogating from any other remedy available to the Museum under this agreement and/or under any law, the Museum shall be entitled to take any action in order to prevent violation of the agreement and/or repeated violation of the agreement, including blocking and/or disconnecting a user and/or limiting access to the site and/or any other action that will allow for preventing violation of the agreement and/or reducing damage caused by a violation already performed.
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  3. In case of violation of the terms of this agreement, the user waives his rights under the Privacy Protection Law and/or under any applicable law whose purpose is to protect his privacy and agrees hereby in advance that the Museum shall be entitled to receive identifying details of him from any factor, including from internet providers.
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  5. The user will compensate and/or indemnify the Museum and/or anyone on its behalf for any damage caused to them due to the violation of the terms of use.

Miscellaneous

     
  1. Only the Museum shall be entitled to assign, delegate, transfer, or pledge its rights (including its right to receive payment from users) and/or its obligations under these terms of use, including the privacy statement all or in part, to any third party of its choice, without the need for approval or prior notification to the user and provided that the user’s rights are not harmed.
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  3. The terms of use and any dispute arising from or related to the use of the site and/or the content appearing in it shall be governed by Israeli law only, and the jurisdiction in any matter and case related to it and/or arising from it is granted to the competent court in the State of Israel, in the Jerusalem District, only.
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  5. The terms of use, which as stated constitute a binding agreement between the Museum and the user, exhaust the agreements between the parties and come in place of any representation and/or commitment and/or agreement given previously in writing and/or orally by any of the parties. No waiver, discount, avoidance, or delay of the Museum in exercising its rights under this agreement will be interpreted as a waiver or estoppel unless done in writing.
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  7. The services and products offered on the site are offered to every user under the same conditions. Terms of use may appear on the site in translation to other languages. Translation of these terms of use appearing on the site is done in order to correctly reflect the meaning of these terms of use’s provisions, but to the extent there is a contradiction between terms of use in Hebrew and their translation to another language, the Hebrew version will be the determining version.
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  9. The Museum shall be entitled to send various notices to the user and/or subscriber in one of the following ways:
       
    1. Through a notice in a general information window on the site.
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    3. Through email to the email address of the user as provided by him.
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  11. Every user is entitled to transfer notices to the Museum via email to the address: contact@hebrewmusicmuseum.com. All notices sent to the site will be considered as if received on the next business day after the date on which they were actually received. In the case of notices sent through the site, these will be considered as if delivered at the time the first use of the site’s services was made after sending the notice.

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