MusixCool.com - TERMS OF USE

This page states the terms of use ("Terms of Use") for the http://www.musixcool.com Web sites and any other site provided by Nadav Dafni (d/b/a MusixCool or Musical Software &Hardware) (together, "Nadav Dafni") (collectively, the "Site"). These Terms of Use are in addition to any other agreement you may have with Nadav Dafni and supplement all other terms and conditions found on the Site. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE. We may, in our discretion, modify or revise these Terms of Use at any time by updating this Web page. We recommend that you review this page periodically because you will be bound by any such modification. These Terms of Use were last revised on March 19, 2002.

Introduction

The Site provides kids with an exciting new way to study, create and experience music and gives music teachers, students and web surfers a collection of activities and music information online.

User Conduct

As a user of the Site, we require that you represent yourself accurately and truthfully at all times. You may not impersonate another person or entity and you may not use the Site to harass or stalk another user. You agree that you will not use the Site for chain letters, junk mail, "spamming" solicitations (commercial or otherwise) or bulk communications of any kind.

Your Information

"Your Information" includes any content and other information you provide to us, including,but not limited to, that content or other information which is uploaded, posted or e-mailed during your interaction with the Site. It is our policy to only use and disclose Your Information in accordance with our then current Privacy Policy, available at http://www.musixcool.com which is herein incorporated by reference. Please refer to our Privacy Policy for information regarding the types of user information we collect and what we do with such information. If you post Your Information in a public area of the Site, including online posting areas for teachers and students, bulletin boards or chat room postings, that information will be treated as public, non-confidential information. In order to facilitate the posting of this information, whenever you post Your Information on a public area of the Site, you automatically grant to us a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display your Information alone or as part of other works in any form, media, or technology, and to sublicense such rights. Also, if you submit Your Information to any of our contests, pen-pal services, musical-e-mail features, or other features that call for your attribution, unless you otherwise notify us in writing, you permit us to use Your Information for attribution purposes.

Special Issues with Regard to Children

With regard to children under the age of 13 and the issue of parental consent, we encourage parents and guardians to instruct their children to never give out their real names, addresses, or phone numbers on the Internet without first obtaining parental consent. With regard to content, Nadav Dafni would like to remind parents and guardians that filters and other technologies are available to restrict children's access to certain types of Internet content that parents and guardians may find unsuitable for children. Parents and guardians can inquire about such filters and other technologies with their Internet Service Providers.

Bulletin Boards and Chat Rooms

As mentioned above, the Site may include, among other services, bulletin boards, chat rooms and other areas of interactivity which allow you and other users to post information, interact in real time and provide feedback to Nadav Dafni. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless Nadav Dafni, its subsidiaries, divisions, agents, and representatives against any claim arising from any material that you post or transmit. Although Nadav Dafni may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, or other interactive areas on the Site, unless otherwise specified, Nadav Dafni is not under any obligation to do so. You acknowledge that Nadav Dafni does not control the information available on the bulletin boards, chat rooms and other interactive areas on the Site and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other interactive areas of the Site are those of their respective authors who are solely liable for their content. Nadav Dafni reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other interactive area of the Site.

Users

Users must register with MusixCool before they post material on this Site. In order to register, Users must agree that any information or other material that they post, transmit or otherwise make available though MusixCool: (a) shall be for the primary purpose of music instruction or exchange; (b) shall not be fraudulent or intentionally misleading or inaccurate; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, without limitation, those governing securities transactions, consumer protection, unfair competition, false advertising, deceptive practices or anti-discrimination); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be intentionally malicious or derogatory toward MusixCool or any advertiser or licensor; (g) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; and (h) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Users will be responsible for, and will indemnify and hold harmless, Nadav Dafni, its subsidiaries, divisions, affiliates, agents and representatives against any claim arising from any material that they post or transmit or otherwise make available.

Merchants

You may receive promotional e-mail messages from, view postings of, or order services or merchandise through third party merchants who are not affiliated with Nadav Dafni. All matters concerning promotional e-mail messages, postings, or merchandise and services desired from third parties, including but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants. Nadav Dafni is not in any way involved in any actual transaction between you and such merchants occurring on the Site, whether or not Nadav Dafni may have received some form of revenue or other remuneration in connection with the transaction. Moreover, Nadav Dafni cannot control the quality, safety or legality of the merchandise or services advertised, the truth or accuracy of the listings, or the ability of the merchants to sell the merchandise or services. Therefore, Nadav Dafni does not make any endorsements, warranties, or representations whatsoever with regard to any promotional e-mail messages, postings, or goods or services provided by merchants. You agree not to consider Nadav Dafni as a party to transactions occurring on the Site and you agree that Nadav Dafni will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to a third party transaction. If you are dissatisfied with any of the merchandise or services obtained from or through the Site, you agree to release Nadav Dafni (and our directors and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dissatisfaction and your sole remedy is to seek recourse from the manufacturer of the merchandise or the service providers themselves.

Purchasing on the Site

To make purchases on the Site, you agree to provide accurate and truthful billing and shipment information.

Copyright Policy

Nadav Dafni respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, public performance, or the creation of derivative works of copyrighted works is an infringement of the exclusive rights of copyright holders. As a condition to your use of the Site, you agree that you shall not use the Site to infringe the intellectual property rights of others in any way. If you use the Site to infringe the intellectual property rights of others, Nadav Dafni may immediately terminate your registration with, and access to, the Site. In addition, Nadav Dafni reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Site. If you believe that your information has been used on the Site in a manner that constitutes copyright infringement, please provide Nadav Dafni Copyright Agent with a written notice via e-mail or letter that includes the following information:

Nadav Dafni's Copyright Agent for notice of claims of copyright infringement is:

Nadav Dafni

admin@musixcool.com

Musical Software & Hardware, P.O.B. 41033, Tel-Aviv 61410, Israel

Telephone: 972-53-590559, Fax: 972-3-7317503

Nadav Dafni does not make any representations or warranties as to its abilities to take steps to remedy any such alleged infringement.

Content and Services

Nadav Dafni reserves the right to change or discontinue the content and services made available on the Site at any time. If you are dissatisfied with any of the content or services obtained from or through the Site, your sole remedy is to discontinue use of the Site.

Third-Party Web Sites and Links to the Site

This Site may contain links to Web sites which are maintained by other individuals or organizations over which we have no control. We make no representations or warranties regarding: 1) the accuracy or any other aspect of the information located on sites for which we provide links; 2) loss or damage to your computer, software, or data resulting from the use of such links or data or software found on the linked sites; or 3) the results of the use of such linked sites. We are not responsible for the availability or the content contained on the sites of these outside resources and you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

In addition, you may not provide links to the Site without the prior written permission of Nadav Dafni.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

Intellectual Property

The materials used and displayed on the Site, including but not limited to, text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks, service marks, and all other materials are the property of Nadav Dafni or its affiliates or licensors and are protected by copyright, trademark and other laws. ALL RIGHTS RESERVED. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any such material without the written permission of Nadav Dafni or the appropriate affiliate.

Trademarks

Apple, the Apple logo, Macintosh, QuickTime, Mac OS are registered trademarks of Apple Computer, Inc.
Microsoft, Windows, Windows NT, Windows XP, Internet Explorer, Media Player, Virtual Machine, ActiveX, and/or other Microsoft products referenced herein are either trademarks or registered trademarks of Microsoft.
Netscape, the Netscape Communications Corporation logo, and Netscape Navigator are trademarks of Netscpae Communications Corporation.
Macromedia, Flash, and Flash Player are trademarks of Macromedia Inc.
Java is a registered trademark of Sun Microsystems.
Intel Pentium is a registered trademark of Intel.
PowerPC is a trademark of IBM.
All other brand names mentioned are trademarks or registered trademarks of their respective holders, and are hereby acknowledged.

No Warranty

THE INFORMATION, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, MUSIC, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY FROM NADAVDAFNI. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NADAVDAFNI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, NADAVDAFNI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. NADAVDAFNI DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE.

Limitation of Liability

IN NO EVENT SHALL NADAVDAFNI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF NADAVDAFNI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF, OR IN CONNECTION WITH, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

Nadav Dafni reserves the right to terminate your access to the Site at any time for any reason or for no reason.

Business Transfers

In the event that Nadav Dafni is bought, merged or otherwise transfers all,or substantially all, of its assets to a third party, our information about you and your use of the Site will be one of the assigned or otherwise transferred assets.

Jurisdiction and Choice of Law

These Terms of Use are to be governed by, and construed in accordance with, the laws of the Commonwealth of Israel and NY,U.S.A. In the event of any dispute concerning the Site, its Content or use, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in New-York City, NY. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Contacting the Site

If you have any questions about these Terms of Use, the practices of our Site, or if you need to contact our Site, you can contact:

Nadav Dafni - Musical Software & Hardware, P.O.B. 41033, Tel-Aviv 61410, Israel

Telephone: 972-53-590559, Fax: 972-3-7317503

General queries email: admin@musixcool.com


2001 Nadav Dafni. All Rights Reserved.
All rights not expressly granted above are reserved to Nadav Dafni.