Site Terms of Use (including for ticket sales)

Dear Users!

Please read the Terms of Use and Privacy Statement, which constitute an agreement between us and you, thoroughly before browsing the site or making any use of its services. The Terms of Use and Privacy Statement shall hereinafter be referred to as – “The Terms of Use”.

Important to Know!

The use of the site’s services or any part thereof (including browsing, registering for the customer club, registering to receive promotional materials, and purchasing tickets through the site) shall constitute your consent to the Terms of Use.

If you do not agree to the provisions of the Terms of Use or any part of them, 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 user as detailed in the Terms of Use may result in the blocking of access to the site, in addition to any other right available to Music Square under any law.

The above constitutes an integral part of the Terms of Use.

Introduction

Music Square Ltd., Company No. 514800804 (hereinafter – “Music Square”), develops and operates the site. The site is located and operates under a domain name owned by Music Square at the address https://kikar-hamusica.com, or any sub-domain name (hereinafter: “the Site”). In addition, Music Square operates content environments within other platforms, such as: Facebook, Instagram, and YouTube (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.
The text above and below applies to all users (male and female), and the use of the masculine pronoun is for convenience only.
Chapter headings in the Terms of Use are for convenience only and shall not be seen as binding or as an aid in interpretation.
The Terms of Use apply to any use made of the site, whether via the internet or in any other way. Furthermore, the Terms of Use apply to the use of the site in any form using computers or any other device, including cellular phones, handheld computers, and the like.
These Terms of Use apply to all content displayed on the site, even if displayed via a deep link from another domain.
Music Square reserves the right to amend and/or subtract and/or add terms to the Terms of Use as well as to block or restrict access to the site at any time. You should check the site, the legal notices appearing therein, and other additional terms from time to time, as they are binding upon you. In the event of a change to the Terms of Use, we will update you on the site’s homepage via a “pop-up” window offering you 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.
Music Square shall be entitled to determine that the use of the services on the site or part of them involves payment, as indicated within the site next to each paid service. Various terms regarding payment, which may appear next to such service, also constitute an integral part of these Terms of Use.
In addition to the definitions appearing elsewhere in the Terms of Use, the following definitions shall apply:
1. “User”/”Users”: Any person browsing the site, for payment or free of charge, whether with the permission of the person responsible for the user or without such permission.
2. “The Responsible Person”: The parents or guardian of a minor user or a legally incompetent person.
3. “Content” or “Contents”: Any information of any kind, including any message, verbal, visual, vocal, audio-visual content, as well as any combination thereof and their design, processing, editing, distribution, and presentation method, including (but not limited to): any image, photograph, illustration, animation, chart, character, simulation, sample, video, audio file and musical file, software, file, computer code, application, format, protocol, database and interface, and any character, sign, symbol, and icon.

General Conditions and Rights in Content

Unless expressly 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 other things, the site name, photographs, illustrations, symbols, etc.) are the exclusive property of Music Square or the party that granted it the license to use these materials. Granting 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; the site is protected by copyright laws and under 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 will expire immediately. All rights reserved to Music Square.
Music Square and/or its affiliated entities, as applicable, shall be entitled to use the software, content, and information as mentioned above at their sole and free discretion, anywhere and in any manner, without any restriction, and without the need for any approval or payment of any consideration, including to sell, transfer, copy, change, use, display, and perform publicly and grant sub-licenses for said content or part thereof, subject to the provisions of any law.
The User waives all his rights in any content uploaded to the site by him, including copyrights (including moral rights), and all rights in such contents shall belong solely to Music Square.
By sending, posting, or transferring material, content, or information (“Material”) by you to this site, the user declares and confirms that this material is not confidential, is not subject to any ownership rights or copyrights, and does not violate the provisions of any law. Without derogating from the generality of the foregoing, it is strictly forbidden to upload materials that contain threats, libel, defamation, obscene, pornographic, crude or blunt content, or to upload any material that could constitute a criminal offense or encourage behavior that could constitute a criminal offense or that violates intellectual property laws, privacy protection laws, libel laws, and any other law.
Music Square is not responsible for the contents entered and/or uploaded to the site by third parties and cannot prevent the existence of offensive material on the site.
Without derogating from the provisions of Section 13 above, Music Square shall be entitled, at any time and at its sole discretion, whether a request was received or not, to remove and/or delete and/or change any content, information, or link uploaded by a user and/or refuse to enter or load it to the site without being required to justify this decision. Without derogating from the above, Music Square shall be entitled to cancel a user’s registration to the site and/or block their access to the site and/or prevent a specific user from publishing additional contents on the site, at its sole discretion.
Without derogating from Sections 13-14 above – a user who finds that content and/or information and/or a link uploaded to the site violates their rights shall notify Music Square of the violation by contacting the address contact@hebrewmusicmuseum.com. The user’s notice shall include precise details about the user – full name, mailing address, email address, and phone number, in a manner that allows identification and contact.
Music Square shall be entitled, at its sole discretion at any time and without prior notice, to adjust and/or suspend and/or terminate and/or change and/or restrict the site’s services, the information appearing therein, the site’s contents – all or part thereof – 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. Music Square reserves the right to restrict certain activities and/or access to all or part of the site’s services for a specific user or in general. In any case, Music Square shall not bear liability for any damages resulting from the above, even if it anticipated or could have anticipated such damages.
Music Square may change and/or amend and/or subtract and/or add terms to the Terms of Use or part thereof at any time, at its sole discretion as detailed above. The changed and/or amended Terms of Use will be published on the site and will be binding from the moment of their publication.
Music Square may offer, at its sole discretion, special activities and content subject to special or different terms that will be brought to the attention of users or some of them. It is hereby clarified that participation in activities and/or exposure to the said special contents will be considered as agreement to the special terms, which will be detailed as much as possible next to each such special activity.

Declarations and Obligations of Users

The User of the site declares and undertakes as follows:
1. They are over 18 years of age and authorized to enter into this agreement, and if they are under 18 or legally incompetent, their engagement in this agreement is done with the consent of the Responsible Person, and if they are a corporation, it is duly incorporated. In the event that a minor has provided us with information about themselves, the parent or guardian of the minor must contact us and request to delete the information from our records.
2. They and all users on their behalf will comply with these Terms of Use in full and/or with the provisions of any law and/or with the instructions of Music Square 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 their behalf.
3. All information they provide to Music Square or any other party for registration and/or purchase and/or as required anywhere on the site, including credit card details, and all information they publish and upload will be true, accurate, consistent with reality, and not misleading.
4. They will be responsible for any damage caused to the user and/or any third party as a result of reliance on the contents displayed on the site and/or through it, and they are aware that Music Square shall not bear responsibility for any direct and/or indirect, financial or other damage caused to users and/or third parties as a result of using the site and/or reliance on the content appearing therein. The provisions of this section shall apply even if Music Square and/or anyone on its behalf anticipated or could have anticipated the damage in advance.
5. They are aware that the personal details provided by them, 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.
6. They are aware that Music Square does not provide any equipment and/or infrastructure required for internet access and for receiving site services, including telephony equipment, modems, and internet access software.
7. 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 they have received the express prior written approval of Music Square. The User declares that they are aware that Music Square may be liable for payment to third parties for the violation of this section by them, and they undertake to indemnify and/or compensate it without delay for any amount Music Square is required to pay to such a third party, including for legal expenses and actual attorney fees incurred by Music Square because of this. Additionally, the User agrees in advance that in case of violation of this section by them, Music Square shall be entitled to obtain identifying details about them from any internet provider and any other factor.
8. Without derogating from Section 19.7, any “download” and/or copying and/or any other use, to the extent approved by Music Square, will be done with a notation that it was done with the permission of Music Square and that all rights are reserved to Music Square.
9. Not to use the site services and/or the content appearing therein 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 services for profit or commercial purposes.
10. To compensate and/or indemnify Music Square and/or any party whose contents are included in the site, as well as any license holder and/or other rights holder in the site, immediately upon first demand for any damage caused to them due to a violation of the Terms of Use. If a legal claim and/or any other procedure is filed against Music Square in connection with a violation of the Terms of Use by a user, Music Square reserves its right to manage the defense itself in the proceedings taken against it, and the User undertakes to cooperate with Music Square in any such legal proceeding.

Customer Club and Receiving Promotional Material

Any user over the age of 18 (including companies and corporations) shall be entitled to register for the customer club and receive promotional material (mailing) from Music Square – mailings which will be sent from time to time by Music Square and will include information, updates, and various publications regarding events, performances, and special projects of Music Square (hereinafter: “the Service”). Joining the service is free of charge.
A user joining the service accepts all these Terms of Use and undertakes to act according to them.
By registering for the service from the Music Square website, the user gives their consent to these Terms of Use, including the use of their details and their inclusion in a database as detailed in this document.
Upon joining the mailing service from the Music Square site, the user agrees that Music Square shall be entitled, subject to any law, to transfer their details to other entities for adjustment and improvement of 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 consent of Music Square and that the users’ privacy is not harmed. The user agrees to the said use of information and confirms that the use of it will not be considered a violation of the user’s privacy and will not entitle them to any remedy and/or compensation whatsoever. The user may cancel this consent by giving written notice to the address contact@hebrewmusicmuseum.com. In case of cancellation of the user’s consent as stated here, Music Square may, at its discretion, cancel the registration for the service.
Every user of the service shall be entitled to cancel their registration for the service at any time by clicking the “Unsubscribe” link appearing in each of the mailings sent by Music Square.
Music Square may choose not to approve a person joining the mailing service, at its discretion and without being obligated to justify its refusal.
The user of the service shall be responsible for reporting to Music Square changes occurring in their personal details to allow continuous and proper contact with them. Music Square will not be responsible for not receiving the service due to failure to update the user’s personal details.
Music Square shall be entitled to decide at any time to terminate the service.

Use of Messaging Services

The site contains or may contain in the future forum services, blogs, chats, communities, and the like (all the aforementioned services hereinafter: “Messaging Services”). Messaging services are considered public communication, so any content published or uploaded within these services by any user is exposed and visible to others. Therefore, in any use of messaging services, caution must be exercised in publishing personal data, identifying details of the user themselves or anyone related to them, or any other sensitive detail.
The use of messaging services shall be made only for sending and receiving messages and information appropriate for each service. Within the framework of using messaging services, the following actions must not be performed:
1. Violation of any law or agreement, including these Terms of Use.
2. Threatening, insulting, intimidating, harassing, or defaming any other person, including any corporation.
3. Publishing and/or distributing and/or uploading files of any information, content, details, or any other material of any kind that constitutes a violation of any law and/or harm to any third party, including, but not limited to: violation of criminal law, violation of any intellectual property rights, violation of privacy and/or good name, libel, profanity, obscenity, defamation, incitement, and pornographic content.
4. Distributing and/or publishing and/or uploading files containing computer viruses of any kind, “Trojan horses”, “worms” and/or any other file that may damage and/or harm and/or transfer any information located in the possession of a third party without that third party’s knowledge and consent or that may harm a third party or their property.
5. Conducting surveys, polls, contests, chain letters, and “pyramid games”.
6. Any publication and/or information and/or offer of a commercial nature.
7. Any restriction, interference, or prevention of use and enjoyment by other users of the messaging services and/or the site.
Music Square shall be entitled, but not obligated, to monitor the activity of messaging services, and including being entitled to examine and/or approve and/or remove and/or delete and/or edit any content appearing in messaging services, in whole or in part, according to its sole discretion. For the avoidance of doubt, it is clarified that the above does not constitute an obligation on the part of Music Square to perform the aforementioned, and does not impose any responsibility on Music Square or derogate from the user’s responsibility.
Music Square provides the platform for messaging services but is not responsible for the content published in them by users. Therefore, Music Square shall not bear any responsibility for the publication of any contents within the messaging services and/or in connection with damages caused as a result of publishing the contents as stated.

Purchase of Tickets via the Site

The site offers an option for online purchase of tickets for performances and/or events at Music Square. It is clarified that the sale of products is done by Music Square, through a credit clearing company “Pelecard” (“the Credit Clearing Company”) and that it bears responsibility for everything related to clearing, billing, shipping, and everything related thereto. A user who chooses to perform online ticket purchase will be subject, in addition to these Terms of Use, to the regulations of the credit clearing company and will be asked to confirm their agreement to the regulations of the credit clearing company at the time of purchase.
Ticket purchases on the site will be enabled for the user, provided they are 18 years of age. These purchases will involve providing details as required to complete the purchase. For the avoidance of doubt, all details the user is required to provide when placing a ticket order will reach the credit clearing company, and Music Square does not bear any responsibility for the use made by the credit clearing company of this data. The user knows and agrees that the privacy statement of Music Square published on the site does not apply to the credit clearing company and it is possible that the credit clearing company will use the details transferred to it not in accordance with the privacy statement of Music Square.
The user undertakes to provide, when placing a ticket order, all details required for this in a full and accurate manner. Without derogating from any other remedy available to Music Square under this agreement or under any law for providing inaccurate and/or incomplete details, if the user provided incomplete and/or inaccurate details, Music Square will not be responsible for any malfunction in ordering tickets and/or delivering them to the user.
In case of cancellation of a purchase by the user within 14 days from the date of purchase and up to 5 days before the event (the day before the event is considered until midnight), the user shall 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), Music Square shall not be obligated to refund any amount collected by it, and refunds will be made in exceptional cases only, and at the sole discretion of Music Square.

Music Square Policy Regarding Content and Event Dates, Ticket Collection, and Entry to Events

Reserved places will not be held for the person who ordered after the start of the event.
Entry to the event will not be permitted after 20 minutes from the start of the event. Notwithstanding the provisions of this section, the event manager may decide in certain cases at their sole discretion that entry to the event will not be allowed even immediately after the start of the event and in other certain cases, to permit entry to the event even after 20 minutes from the start of the event.
Music Square reserves the right to make changes at any time to its content of any kind (including content, date, time, location, duration of performance, artists and/or actors appearing, etc.) without prior notice to the user and without the user being entitled to any compensation or remedy, except for a refund for the tickets upon fulfillment of one or more of the following conditions:
1. The event date changed or the event was canceled.
2. The event start time changed by a period exceeding 30 minutes.
3. A central figure among the event participants was replaced.
In addition to what is stated in this agreement, the terms detailed on the site regarding the specific event shall apply to ticket purchases.
Music Square reserves the right to decide when and in what way and/or means (telephone sale only, site sale only, sale at the physical box office in the Music Square complex only), or a combination thereof, tickets for a specific event will be sold.

Limitation of Liability

The site services are provided “AS IS”. Music Square does not guarantee and will not be responsible to site users regarding the quality of services and/or content on the site and/or the availability of its services. For the avoidance of doubt, it is hereby declared that Music Square takes measures to secure the site and maintain user privacy, in accordance with the site’s privacy statement as published on the site from time to time, but will not be responsible for any breach, malfunction, or other defect in security, whatever their cause, and use of the site and its services is done at the sole responsibility of the users.
The user is aware that some of the services on the site will be provided by other entities on behalf of Music Square. As long as this is noted on the site, Music Square shall not bear any responsibility for the activity of those other entities.
Without derogating from the provisions of these Terms of Use, Music Square shall not bear responsibility in relation to the contents that will be published on the site and/or in relation to the 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 an engagement with any party following publications made on the site does so at their own risk only, and Music Square shall not bear any responsibility for this, even if it knew or should have known about such expected damage and/or result.
Publication of advertisements and/or coupons and/or deals on the site does not constitute a recommendation or encouragement by Music Square 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 agreed upon directly between the users and the advertiser and/or the relevant supplier and at their responsibility only. It is clarified that Music Square has not checked the contents published by third parties on the site and is not responsible for what is stated in them. For the avoidance of doubt, Music Square is not and will not be a party to any such transaction. Users and subscribers hereby waive fully and irrevocably any claim and/or lawsuit against Music Square in relation to such information, publications, and contents.
Links to other sites, Israeli or foreign (hereinafter – “Other Sites”), may appear on the site. Music Square is not responsible for these sites, the contents in them, or the services offered in them. Music Square is not responsible for services on other sites and/or any damage caused by them, including harm to the user’s feelings. Music Square is not responsible for services and/or products purchased and/or that can be purchased on other sites and/or the security of information and/or the manner of use of the user’s details performed on other sites. The presence of links to other sites on the Music Square site does not constitute a recommendation to visit any of them, unless expressly stated. Music Square declares that no steps have been taken on its behalf to check the correctness or reliability of the contents included in the aforementioned other sites, or the services and/or products offered through such sites, or their suitability for certain users. Music Square recommends checking every other site carefully 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 their own risk only.
Music Square shall not bear any responsibility for interruptions, malfunctions, response times, viruses, or any other factor that may interfere with or damage the site services and/or cause any damages to users on the site.
Music Square shall not bear any responsibility for damages caused to the computer system and/or infrastructure 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 services.

Violation of This Agreement

Without derogating from any other remedy available to Music Square under this agreement and/or under any law, Music Square shall be entitled to take any action to prevent violation of the agreement and/or repeated violation of the agreement, including blocking and/or disconnecting a user and/or restricting access to the site and/or any other action that will allow prevention of violation of the agreement and/or reduction of damage caused by a violation already performed.
In case of violation of the terms of this agreement, the user waives their rights under the Privacy Protection Law and/or under any applicable law whose purpose is to protect their privacy and hereby agrees in advance that Music Square shall be entitled to obtain identifying details of them from any source whatsoever, including from internet providers.
The user will compensate and/or indemnify Music Square and/or anyone on its behalf for any damage caused to them due to violation of the Terms of Use.

Miscellaneous

Only Music Square shall be entitled to assign, 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 in whole 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.
Israeli law alone shall apply to the Terms of Use and to any dispute arising from or related to the use of the site and/or the content appearing therein, and the jurisdiction in any matter and thing related to it and/or arising from it is granted to the competent court in the State of Israel, in the Jerusalem District, only.
The Terms of Use, which constitute as stated a binding agreement between Music Square 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 either party. No waiver, concession, avoidance, or delay by Music Square in exercising its rights under this agreement will be interpreted as a waiver or prevention unless done in writing.
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. A translation of these Terms of Use appearing on the site is done to correctly reflect the meaning of these Terms of Use provisions, but if there is a contradiction between the Terms of Use in Hebrew and their translation into another language, the Hebrew version shall be the determining version.
Music Square shall be entitled to send various messages to the user and/or subscriber in one of the following ways:
1. Via a message in a general information window on the site.
2. Via electronic mail to the email address of the user as provided by them.
Every user is entitled to transfer messages to Music Square via electronic mail to the address: contact@hebrewmusicmuseum.com. All messages 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 messages sent via the site, these will be considered as if delivered at the time the first use was made of the site services after the message was sent.

Notice and Removal Procedure

If contents and/or works owned by you are displayed on the site and you believe they violate your intellectual property rights, including your copyrights and/or harm your privacy and/or are offensive and/or inappropriate and/or constitute libel and/or contain pornography, you are invited to contact us with a request to remove them (at the following email address: contact@hebrewmusicmuseum.com, or via the “Contact Us” form), while providing an exact reference to the violating content, details of your claims, and attaching an reference of it being such, as well as contact details, including email, name, and identifying details. If the content is found to be violating, it will be removed as soon as possible and an email message will be sent to you in this matter. As stated above, since we do not undertake to monitor the contents uploaded to the site by users, we will not be able to know that violating content is published in them without you contacting us. We will not be responsible for violating content as stated in this section.
Without derogating from the above, we shall be entitled, at any time and at our sole discretion, whether we received a demand for this 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 required to justify this decision. Additionally, we shall be entitled to cancel a user’s registration to the site and/or block their access to the site and/or prevent a specific user from publishing additional contents on the site, at our sole discretion.