Site Terms of Use (including for ticket sales)

Dear users! Please read the Terms of Use and Privacy Statement carefully before accessing the website or making any use of its services, as these constitute an agreement between you and us. The Terms of Use and Privacy Statement are together referred to hereinafter as – “Terms of Use.” Important! The use of any of the website’s services (including surfing, registering for the Customers’ Club, registering to receive promotional materials and to purchase tickets through the site) shall constitute your agreement to the Terms of Use. If you do not agree with the provisions of the Terms of Use or any part thereof, do not access the site or use its services in any other way. Any violation of the Terms of Use and/or of any undertaking by the User specified in the Terms of Use may result in blocking access to the Site, in addition to any other right available to Kikar Hamusica pursuant to any law. The aforementioned constitutes an integral part of the Terms of Use.

Introduction

  1. Kikar Hamusica Ltd., Private Company 514800804 (hereinafter, “Kikar Hamusica”) is the website’s developer and operator. The site uses a domain owned by Kikar Hamusica at the address http://kikar-hamusica.com and any sub-domain name (hereinafter, “the Site”). In addition, Kikar Hamusica operates content environments on other platforms such as Facebook, Instagram, and YouTube (hereinafter, “Content Environments”), and Terms of Use shall equally apply to the use of any of these Content Environments and the content presented therein.
  2. The Terms of Use shall apply to any visitor to the Site; the masculine form is used for convenience only.
  3. Headings used in the Terms of Use are intended for convenience only and shall not be considered binding nor used to interpret the Terms of Use.
  4. The Terms of Use shall apply to any use of the Site, whether through the internet or by any other means. Furthermore, the Terms of Use shall apply to any use of the Site through a computer or any other device, including cellular phones, handheld computers, etc.
  5. The Terms of Use shall apply to any content presented on the Site, including through a deep link from another domain.
  6. Kikar Hamusica reserves the right to amend and/or remove and/or add terms in the Terms of Use as well as to block or limit access to the Site at any time and without prior notice. From time to time, you should check the Site for any legal notifications and other additional terms, as these are binding.
  7. Kikar Hamusica may determine that the use of the Site or any of its services require payment, as specified on the Site next to any paid service. Any conditions regarding payment that may be specified next to any such service shall constitute an integral part of the Terms of Use.
  8. In addition to the definitions specified anywhere else in the Terms of Use, the following definitions shall apply:
    1. “User” / “Users”: any person who visits the Site, whether by payment or not, and whether with the authorization of said user’s Person in Charge or not;
    2. “Person in Charge”: the parents or legal guardian of the User who is a minor or legally incompetent;
    3. “Content”: any information of any type, including messages, text, video, audio, or any combination thereof, as well as the design, processing, editing, distribution or presentation of any such information, including (but not limited to) any picture, photograph, drawing, animation, chart, image, imaging, sample, clip, audio file and music file, software, file, computer code, application, format, protocol, database and interface, as well as any character, sign, symbol or icon.

General terms and copyrights

  1. Unless explicitly specified otherwise, all copyrights and all other intellectual property rights in all materials, content, and information on the Site (including, among others, the name of the Site, photographs, drawings and symbols) are exclusively held by Kikar Hamusica or by whoever licensed it to use such materials. The permission to access or use the Site shall not provide or transfer any right of use, intellectual property rights or any other right to the User or to any third party. To clarify, all rights and ownership of the Site, its materials and content, in all aspects related to the Site, are exclusively held by Kikar Hamusica and/or its representatives. The Site is protected by copyright laws. Any violation of the Terms of Use or the terms specified on the Site may revoke your permission to use the Site. All rights are reserved by Kikar Hamusica.
  2. Kikar Hamusica and/or its associated bodies, as the case may be, may use software and the aforementioned content and information at its sole discretion, at any place and in any way, with no limitations, and without requiring any authorization or consideration, including to sell, transfer, copy, amend, use, present and implement publicly and provide licenses to the aforementioned content or any part thereof, subject to the provisions of the law.
  3. The User waives any rights in any content uploaded by the User to the Site, including copyrights (and including moral rights), and all rights in such content shall be held exclusively by Kikar Hamusica.
  4. By sending, uploading, or transferring any material, content or information (“material”) to the Site, the User acknowledges and agrees that the material is not confidential, subject to any ownership rights or copyrights and is not in violation of any law. Without derogating from the generality of the above, uploading materials that constitute a threat, libel or defamation, that include obscene, pornographic or extreme content, or any material that may amount to a criminal offense or encourage behavior that may amount to a criminal offense or that may violate intellectual property laws, privacy laws, libel laws or any other law is strictly prohibited.
  5. Kikar Hamusica is not responsible for any content that is uploaded to the Site by third parties and cannot prevent the existence of offensive material on the Site.
  6. Without derogating from the aforementioned in Section 13 above, Kikar Hamusica may remove and/or delete and/or change any content, information or link that is uploaded by a user to the Site and/or refuse to host or load any content, information or link to the Site, at any time and at its sole discretion, whether by request or not, and without any obligation to justify its decision. Without derogating from the above, Kikar Hamusica may cancel the registration of a User to the Site and/or block the access of a User to the Site and/or prevent a specific User from publishing additional content on the Site at its sole discretion.
  7. Without derogating from the aforementioned in Sections 13 and 14 above, Users who find that any content and/or information and/or link uploaded to the Site violates their rights may inform Kikar Hamusica about such violation by sending a message to the address contact@hebrewmusicmuseum.com. The message should include accurate User information such as full name, address, e-mail, and phone number, so that the User may be identified and contacted.
  8. Kikar Hamusica may adapt and/or suspend and/or terminate and/or amend and/or limit the services provided by the Site, the information provided by the Site or the content of the Site – in whole or in part – including access permissions, service availability, various content, operating hours, or the software and hardware required to access the Site and its services, at any time and at its sole discretion, and without prior notice. Kikar Hamusica reserves the right to limit specific activities and/or access to the Site’s services, in whole or in part, for specific Users. In any case, Kikar Hamusica shall not bear any responsibility for any damages resulting from the aforementioned, even if it could have foreseen such damages.
  9. Kikar Hamusica may amend and/or correct and/or remove and/or add terms to the Terms of Use or to any part thereof, at any time and at its sole discretion, and without prior notice. Amended and/or corrected terms shall be published on the Site and shall be binding once published.
  10. Kikar Hamusica may offer special activities and content at its sole discretion, subject to special or different terms that would be announced to Users or any part thereof. To clarify, participation in any such activity and/or exposure to any such special content shall be considered as agreement to the special terms specified in proximity to any such special activity.

User representations and warranties

  1. The User represents and warrants as follows:
    1. The User is over the age of 18 and is authorized to enter into this agreement, and, if the User is under the age of 18 or is legally incompetent, the User is entering into this agreement with the consent of the Person in Charge, and, if the User is a corporation, it is legally incorporated.
    2. The User and all users on his or her behalf shall fully comply with the Terms of Use and/or any law and/or the instructions of Kikar Hamusica when using the Site, and the User shall be responsible for the use of the Site by any person on his or her behalf.
    3. All information provided by the User to Kikar Hamusica or to any other entity for the purpose of registration and/or purchase that is required by the Site, including credit card information, and any information published and uploaded by the User, shall be accurate, true, and clear.
    4. The User shall be responsible for any damages to users and/or any third party resulting from reliance on content presented on the Site and/or through the Site, and the User acknowledges that Kikar Hamusica shall bear no responsibility to any damages, whether direct or indirect, financial or otherwise, to Users and/or any third party resulting from use of the Site or reliance on content presented on the Site and/or through the Site. This section shall also apply if Kikar Hamusica or any of its representatives may have foreseen such damages.
    5. The User acknowledges that any personal information provided by the User shall be stored on a database as specified below in the Privacy Statement and subject to any law.
    6. The User acknowledges that Kikar Hamusica does not provide any equipment and/or infrastructure required to access the internet and receive services from the Site, including telephony equipment, modems, and internet surfing software.
    7. The User undertakes not to copy and/or download and/or distribute and/or sell and/or trade and/or change and/or process and/or publish and/or use the Site and/or its content, in whole or in part, without explicit prior written consent from Kikar Hamusica. The User acknowledges that Kikar Hamusica may be required to make payments to third parties as a result of a violation of this section by the User, and the User undertakes to promptly indemnify and/or compensate Kikar Hamusica for any such payment made by Kikar Hamusica to any third party, including for legal costs and actual lawyer fees. In addition, the User agrees in advance that, in case of any violation of this section by the User, Kikar Hamusica may obtain identifying information regarding the User from any internet provider or other entity.
    8. Without derogating from the aforementioned in Section 19.7 above, any “downloading” and/or copying and/or any other use, to the extent that it is approved by Kikar Hamusica, shall be accompanied by a note indicating that this is done with the approval of Kikar Hamusica and that all rights are reserved to Kikar Hamusica
    9. Not to use the Site’s services and/or content that appears therein outside of the Site’s framework and/or according to these Terms of Use and/or according to law and not to use the Site’s services for profit or commercial purposes.
    10. To compensate and/or indemnify immediately upon first demand Kikar Hamusica and/or any entity whose contents are included on the Site as well as any license holder and/or holder of other rights on the Site for any damage caused thereto due to the violation of the Terms of Use. If a legal claim and/or any other procedure is filed against Kikar Hamusica in connection with a violation of the Terms of Use by a User, Kikar Hamusica reserves the right to manage its own defense in legal proceedings taken against it, and the User undertakes to cooperate with Kikar Hamusica in any such legal proceeding.

Use of messaging services

  1. The Site contains or may contain in the future forum services, blogs, chats, communities, etc. (all of the aforementioned services hereinafter: “Message Services”). The Message Services are public communications, so any content published or uploaded to these Services by any User is exposed and visible to others. Therefore, when using the Message Services, exercise caution in publishing personal data, identifying details of the User himself or of anyone related to him or of any other sensitive detail.
  2. The Message Services shall be used exclusively for sending and receiving messages and information suitable for each Service. Do not perform the following actions when using the Message Services:
    1. Violation of any law or agreement, including these Terms of Use.
    2. Threatening, insulting, intimidating, harassing, 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, which has the potential to violate any law and/or to harm any third party, including, but not limited to: violation of criminal law, violation of any intellectual property rights, harm to privacy and/or reputation, defamation, profanity, obscenity, libel, incitement and pornographic content.
    4. Distributing and/or publishing and/or uploading files containing computer viruses of any kind, “Trojan Horse”, “worm” and/or any other file that may harm and/or damage and/or transfer any information that is in the possession of a third party without his knowledge and consent of said third party or that may harm a third party or his property.
    5. Conducting surveys, polls, contests, chain letters and “pyramid games.”
    6. Any advertisement and/or information and/or offer of a commercial nature.
    7. Any restriction, interference or prevention of the use and enjoyment of other Users in the Message Services and/or the Site.
  3. Kikar Hamusica shall be entitled, but not obligated, to monitor the activity of the Message Services, including to examine and/or approve and/or download and/or delete and/or edit any content that appears in the Message Services, all or part thereof, in accordance with its sole discretion. For the avoidance of doubt, it is clarified that this does not constitute an obligation on the part of Kikar Hamusica to carry out the aforementioned, and it does not impose any responsibility on Kikar Hamusica or derogate from the responsibility of the User.
  4. Kikar Hamusica provides the platform for the Message Services, but is not responsible for the content posted on them by Users. Therefore, Kikar Hamusica shall not bear any responsibility for the publication of any content as part of the Message Services and/or in connection with damages caused as a result of the publication of said content.

Purchase of tickets through the Site

The Site offers the option of online purchase of tickets for shows and/or events at Kikar Hamusica. It is clarified that the sale of the products is carried out by Kikar Hamusica, through the “Pelecard” credit clearing company, and that it is responsible for clearing, billing, shipping and everything related thereto. A User who chooses to purchase tickets online shall be subject, in addition to these Terms of Use, to the regulations of the credit clearing company and will be asked to confirm his agreement with the company’s regulations when making the purchase. The User will be able to make ticket purchases on the Site provided that he is at least 18 years old. These purchases will involve providing the requested details. For the avoidance of doubt, all details that the User is required to provide when ordering tickets will reach the credit clearing company, and Kikar Hamusica does not bear any responsibility for the use that will be made by the credit clearing company of this data. The User is aware and agrees that the Privacy Statement of Kikar Hamusica 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 sent to it not in accordance with the Privacy Statement of Kikar Hamusica. The User undertakes to fully and accurately provide all of the required details when ordering a ticket. Without derogating from any other remedy available to Kikar Hamusica according to this agreement or according to any law for providing inaccurate and/or incomplete details, if the User provided incomplete and/or inaccurate details, Kikar Hamusica shall not be responsible for any failure in ordering the tickets and/or in delivering them to the User. The purchased tickets cannot be canceled or exchanged, and no credit or refund will be given. In the event of loss or theft, Kikar Hamusica shall not be obligated to issue a replacement ticket; a replacement ticket will be issued in exceptional cases only, and at the sole discretion of Kikar Hamusica. In the event of cancellation of a purchase by the User, Kikar Hamusica shall not be obligated to return any amount collected thereby, and refunds will be made in exceptional cases only, and at the sole discretion of Kikar Hamusica.

Kikar Hamusica policy regarding the content and dates of events, ticket collection and entry to events

  1. Reserved seats will not remain available for the client after the start of the event.
  2. Entry to the event will not be allowed after 20 minutes after the start of the event. Notwithstanding that which 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 the start of the event and in certain other cases, to allow entry to the event even after 20 minutes from the start of the event.
  3. Kikar Hamusica reserves the right to make changes to its program at any time and of any kind (including content, date, time, location, length 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 reimbursement for tickets if one or more of the following conditions apply:
    1. The date of the event has changed or the event has been cancelled
    2. The start time of the event has changed by more than 30 minutes
    3. A key personality among the event participants was replaced
  4. In addition to that which is stated in this agreement, the conditions detailed on the Site regarding the specific event shall apply to ticket purchases.
  5. Kikar Hamusica reserves the right to decide when, and in what manner and/or means tickets for a particular event will be sold – telephone sales only, Site sales only, sales at the frontal ticket offices located at the Kikar Hamusica premises only, or a combination thereof. 

Limitation of Liability

  1. Site Services are provided AS IS. Kikar Hamusica does not undertake and shall not be responsible towards Site Users with regard to the quality of the Services and/or content on the Site and/or the availability of the Services therein. For the avoidance of doubt, it is hereby declared that Kikar Hamusica takes measures to secure the site and to maintain the privacy of Users, in accordance with the Site Privacy Statement as will be published on the Site from time to time, but shall not be responsible for any breach, failure or other defect in security, whatever the cause; use of the Site and its Services are at the User’s sole responsibility.
  2. The User is aware that some of the Services on the Site will be provided by other parties on behalf of Kikar Hamusica. Insofar far as this is stated on the Site, Kikar Hamusica shall not bear any responsibility for the activities of the other parties as stated.
  3. Without derogating from that which is stated in these Terms of Use, Kikar Hamusica shall not bear responsibility in relation to the content 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 ads, coupons and commercial information of any kind that appear on the Site, if and to the extent that they appear, or for any result and/or damage due to their publication and/or reliance and/or use thereof. A person who communicates with any party as a result of publications made on the Site does so at his own risk, and Kikar Hamusica shall not bear any responsibility in this respect, even if it was aware or should have been aware of damage and/or expected results as stated.
  4. Publishing ads and/or coupons and/or promotions on the Site does not constitute a recommendation or encouragement on the part of Kikar Hamusica to purchase the Services and/or products offered therein, and the terms of any transaction that will be carried out as a result of an ad, coupon, promotion or any other information published on the Site shall be agreed upon directly between the Users and the relevant advertiser and/or supplier and at their sole responsibility. It is clarified that Kikar Hamusica has not checked the contents published by a third party on the Site, and is not responsible for their content. For the avoidance of doubt, Kikar Hamusica is not and shall not be a party to any such transaction. Users and subscribers hereby fully and irrevocably waive any claim and/or suit against Kikar Hamusica in relation to such information, publications and content.
  5. The Site may contain links to other websites, Israeli or foreign (hereinafter – “Other Websites”). Kikar Hamusica is not responsible for said Other Websites, their content or the services offered thereon. Kikar Hamusica is not responsible for the services on Other Websites and/or for any damage caused thereby, including harm to the User’s sensitivities. Kikar Hamusica is not responsible for the services and/or products purchased and/or that can be purchased on Other Websites and/or for the security of the information and/or the way the User’s details are used on Other Websites. The presence of links to Other Websites on the Kikar Hamusica Site does not constitute a recommendation to visit any of them, unless this is specifically stated. Kikar Hamusica declares that no steps were taken on its behalf to check the accuracy or reliability of the content contained in the aforementioned Other Websites, or the services and/or products offered through said Other Websites, or their suitability for any of the Users. Kikar Hamusica recommends carefully checking any Other Website before browsing and/or taking part in any of its activities, and in any case – anyone who enters an Other Website via a link from the Kikar Hamusica Site does so at their own risk.
  6. Kikar Hamusica shall not bear any responsibility for disturbances, malfunctions, response times, viruses or any other factor that may interfere with or damage the Site’s Services and/or cause any damage to the Site’s Users.
  7. Kikar Hamusica shall not bear any responsibility for damages caused to the User’s and/or subscriber’s computer system and/or infrastructure, loss of information, or any other damage resulting from use of the Site, including due to downloading information and/or software through the Site’s services.

Violation of this Agreement

  1. Without derogating from any other remedy available to Kikar Hamusica in accordance with this agreement and/or in accordance with any law, Kikar Hamusica shall be entitled to take any action in order to prevent the 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 prevent a violation of the agreement and/or mitigate damage caused by a violation that has already been committed.
  2. In the event of a violation of the terms of this agreement, the User waives his rights according to the Privacy Protection Law and/or according to any applicable law whose purpose is to protect his privacy and hereby agrees in advance that Kikar Hamusica will be entitled to receive his identifying information from any party, including internet providers.
  3. The User will compensate and/or indemnify Kikar Hamusica and/or anyone on its behalf for any damage they incur due to the violation of the Terms of Use.

Miscellaneous

  1. Kikar Hamusica solely shall be entitled to assign, transfer or pledge its rights (including its right to receive payment from the Users) and/or its obligations according to these Terms of Use, including all or part of the Privacy Statement, to any third party of its choice, without the need for approval or to inform the User in advance and provided that the User’s rights shall not be harmed.
  2. The Terms of Use and any dispute arising from or related to the use of the Site and/or the content appearing thereon shall be governed solely by Israeli law and the jurisdiction in all matters related thereto and/or arising therefrom is vested solely in the competent court of the State of Israel, in the district of Jerusalem.
  3. The Terms of Use, which as stated constitute a binding agreement between Kikar Hamusica and the User, exhaust the agreements between the parties and replace any representation and/or commitment and/or agreement previously given in writing and/or verbally by any of the parties. No waiver, discount, restriction or delay by Kikar Hamusica in exercising its rights under this agreement shall be construed as a waiver or restriction unless made in writing.
  4. 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 translated into other languages. A translation of these Terms of Use that appears on the Site was made in order to accurately reflect the meaning of the Terms of Use instructions, but to the extent that there is a contradiction between the Terms of Use in Hebrew and their translation into another language, the Hebrew version shall prevail.
  5. Kikar Hamusica shall be entitled to send various messages to the User and/or subscriber in one of the following ways:
    1. Through a message in the Site’s general information window
    2. Via e-mail to the User’s e-mail address as provided thereby
  6. Any User may send messages to Kikar Hamusica via e-mail to the address: contact@hebrewmusicmuseum.com. All messages sent to the Site will be considered as having been received on the next business day after the date on which they were actually received. In the case of messages sent through the Site, these will be considered as having been delivered at the time the Site Services were first used after the message was sent.
Terms of use and sales

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