Terms of Service
Please take the time to read this and understand this agreement (hereinafter: "Agreement") governing your responsibilities
(hereinafter: "you", "your" or "user") and use of the musixlib site ("musixlib, "Site", "us", "our" or "we"). Our terms of service are meant to be used in
1. You Agree To:
1.1. musixlib provides its Site and its service to you, subject to these terms of services.
1.2. Your use of musixlib's Site acknowledges that you accept these TERMS OF SERVICES.
1.3. musixlib reserves the right, in its sole and absolute discretion, to change this TERMS OF SERVICES at any time. Changes will apply as soon
as they would be published in our website and your continued use will constitute your acceptance of the revised terms. musixlib is not obligated in
any way to notify you that a revision or new TERMS OF SERVICES were published, it is your responsibility to continually check for changes.
1.4. musixlib may offer third party services for which different terms of service apply. It is your responsibility to check for such on our site and be
aware of those.
1.5. musixlib hereby specifically disclaims responsibility for your failure to read or understand any third party terms of service.
1.6. You acknowledge and understand that musixlib's services will expose you to 3rd parties content and hence musixlib is not responsible for the
usefulness, accuracy or intellectual property rights of or relating to such content. Furthermore you acknowledge and understand that such content
might be offensive, indecent or objectionable and you waive any legal or equitable rights or remedies you have or may have against musixlib
with respect thereto.
1.7. The content shown in this site is not endorsed or recommended by musixlib and hence musixlib expressly disclaims any and all liability in
connection with the content.
1.8.1. When notified about an allegedly content that does not conform to this Terms of Service by a user or a content owner, musixlib may
investigate the allegation and determine in its sole and absolute discretion whether to remove the content which it reserves the right to do at
any time and without notice. However, since most of the content available is not in the control of musixlib, musixlib may or may not refer you
to the origin of the content in order for you to notify about the allegation, it is your sole responsibility to check whether the content originated in
musixlib's services or other wise and notify accordingly.
1.8.2. If you believe that any content infringes upon your copyrights, you may submit a notification by providing the following information in writing
via email firstname.lastname@example.org
18.104.22.168. A physical signature of a person own the exclusive right that is allegedly infringed or a physical signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
22.214.171.124. Exact identification of the copyrighted works claimed to have been infringed;
126.96.36.199. Exact identification of the material that is claimed to be infringing;
188.8.131.52. Your contact information including, among others, your: address, telephone number and email;
184.108.40.206. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner,
its agent, or the law;
220.127.116.11. A statement that the information in the notification is true, accurate, and under penalty, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
1.8.3. If you believe that your content was removed is not infringing or that you have a proper authorization to use that content you may send a
counter-notice containing the following information:
18.104.22.168. Your physical or electronic signature;
22.214.171.124. Exact Identification of the content that has been removed;
126.96.36.199. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
188.8.131.52. Your contact information including, among others, your: address, telephone number and email.
2. Use of musixlib's service and Acceptance of the Terms of Service:
2.1. In order to use our services, you must first agree to and accept the Terms of service, if you do not agree to our Terms, you cannot use our services.
The actual usage of the services constitutes your acceptance of the terms.
2.2. In order to use our services you must be above 13 years of age. If you are under 13 years of age, then please do not use or access our site.
2.3. Any person of the legal age to form a binding contract and not barred from receiving such services under the laws of applicable jurisdiction can use this Site.
3. Your Data:
3.1. When using musixlib you agree to:
3.1.1. Providing your true, current, accurate and complete information as requested by musixlib (hereinafter: "registration data").
3.1.2. Update all registration data in a timely fashion way.
3.1.3. musixlib has the right to suspend or terminate your account, remove part or all of your data and refuse any and all use of the site or services or
any portion thereof.
4. Our Services:
musixlib provide functionality to allow our users to enjoy interactive video and audio playlists searching, creation, sharing and more.
Said services are now provided at no cost, however musixlib reserve the right to charge for its services at any time in the future.
A suitable notification will be provided in such case.
5. Reservation of Rights:
musixlib reserve the sole and exclusive right to manage the content, features, users and information as it sees fit.
6.1. All uploaded or embedded content shown in musixlib's site serves the property of the person made it available using musixlib's site or its sources.
Therefore, you should upload, embed or link only content that you own, have license or content that is public domain.
6.2. Any liability derived from not following the above is at your risk and responsibility and it is your sole responsibility to make sure that you
do not infringe any of musixlib's or third parties rights.
6.3. You hereby grant musixlib a non-exclusive, perpetual, transferable, assignable, fully paid-up, royalty-free, worldwide license to encode,
compress, convert, host, distribute, transfer, perform, reproduce, display, and otherwise exploit your content over musixlib's Site and to
use such content for advertisement purposes as musixlib sees fit, in any medium, in its sole and absolute discretion, without any compensation to you.
6.4. Said license will apply to any form, media, or technology.
6.5. You represent and warrant that you are authorized to grant to musixlib all the rights mentioned above.
7. Prohibited Content:
7.1. You agree not to:
7.1.1. Post offensive or sexual content;
7.1.2. Slander, defame or insult others;
7.1.3. Threaten or harass others;
7.1.4. Post, upload or act in a manner that is racist in nature;
7.1.5. Solicit personal information from others;
7.1.6. Identify or provide personal information about another person without their permission;
7.1.7. Encourage others to act unlawfully or engage in illegal activities;
7.1.10. Allow others to reach, execute or otherwise be hurt by viruses or corrupted files;
7.1.11. Impersonate to any person or identity;
7.1.12. Falsely claim an affiliation with any person or entity;
7.1.13. Access the account of others;
7.1.14. Any other actions deemed by internet users to be inappropriate for use in sites;
7.1.15. Any other actions deemed by musixlib to be inappropriate for use in it's site, as will be published from time to time;
7.2. musixlib's site is intended for use by the general audience, including children, hence your behavior should be appropriate;
7.3. musixlib reserve the right to send all information in its possession to any law enforcement agency and/or control groups and/or governmental agency
if it sees fit in any alleged unlawful transmission of any allegedly illegal materials as well as take legal action against those.;
7.4. Any interactions with other users are in your own responsibility.
8. Site interference:
8.1. You may not interfere with the features of the site.
8.2. You may not attempt to discover the source code of the site.
8.3. You may not modify, adapt, translate or otherwise create derivative works based on this site and/or musixlib's services.
8.4. You may not use any spider, scarper, robot, off-line reader or any automated software to access this site or any portion of it or any services
provided by musixlib. You may not use any such automation that accesses our services in a manner that sends more requests to our or our partner's
or content supplier's servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
8.5. You may not harvest or aggregate musixlib's site or services information.
8.6. You may not attempt to bypass or bypass any of the site security measures.
8.7. You may not disrupt musixlib's services in any mean.
9. Limitation of Liability, To The Fullest Extent Permitted By Law:
9.1. You agree that musixlib is not liable for content uploaded or distributed by others, including you.
9.2. musixlib hereby disclaims any liability from, including but not limited to, content posted by you that violates terms in this document and any other
document relevant, violates any intellectual property law, any privacy law and content that is otherwise libelous or defamatory.
9.3. musixlib is not responsible for the conduct of any of its users.
9.4. You are responsible for maintaining the confidentiality of your information including your user name and password.
9.5. You are free to cancel your account at any time. However musixlib reserve the right to save any information and/or files and/or data provided by you.
9.6. musixlib reserve the right to deactivate or change your account, temporarily or permanently, for any reason.
9.7. Services are provided AS-IS and AS AVAILABLE, all of musixlib's services might be interrupted, erroneous etc.
9.8. musixlib makes NO warranty as to the errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever,
resulting from your access to and use of musixlib's services; any unauthorized access to or use of our servers and/or any and all personal
information and/or financial information stored therein; any interruption or cessation of transmission to or from musixlib's services;
any software problems, viruses, trojan horses, or the like which may be transmitted to or through musixlib's services by any third party;
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available via musixlib's services; results to be obtained from the use of the services; damages of all sorts
that may be associated with its services, free of harmful software or viruses, etc.
10. You agree that musixlib shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party, including
musixlib's partners, advertisers, content suppliers and a like, and that the risk of harm or damage from the foregoing rests entirely with you.
10.1. in no event shall musixlib, its managers, directors, employees, or associates, be liable to you for any direct, indirect, incidental, special,
punitive, or consequential damages whatsoever resulting from any of the above mentioned issues.
11. musixlib may, with no further notification, to block or disallow any use of its site and/or services, on her own discretion,
to any part of the population or individuals.
12. Our Intellectual Property:
12.1. musixlib is the IP of musixlib Inc.
12.2. All the user interfaces, designs, information, source code, products, services and objects and elements of musixlib's services are musixlib Inc.
IP and protect around the world by IP laws, conventions and protocols.
12.3. Except for content provided by users and third parties to musixlib's site, all the materials in musixlib's site and services are the
property of musixlib Inc.
14.1. To The Fullest Extent Permitted By Law, you agree to defend, indemnify and hold harmless musixlib, its managers, directors,
employees and associates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
14.1.1. Your use of musixlib's site and service;
14.1.2. Your violation of these Terms of Service;
14.1.3. Your violation of any third party right; or
14.1.4. Any claim that your content caused damage to a third party.
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF ISRAEL,
WITHOUT REFERENCE TO ITS CONFLICTS OF LAW PRINCIPLES.
The courts located in Tel-Aviv Israel SHALL have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement and each party hereby expressly consents to the personal jurisdiction of such courts.
A determination that any term of this Agreement is invalid or unenforceable shall not affect the other terms thereof.
Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.