Terms of Use

Last Update: November 24, 2016

 

TLV1 Internet Radio Ltd. (hereinafter, the “Company“) welcomes you to the TLV1.fm website at the address http://www.tlv1.fm (the “Site“).

1. Acceptance of the Terms

By using this Site and/or by accessing this Site, downloading any Materials (as defined hereafter) from it, or using any services provided by or through it, you acknowledge that you have read and understood these terms of use, as may be amended, including the terms of the Privacy Policy www.tlv1.fm/privacy (“Privacy Policy“) (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of this Site and any service and/or product provided therein. If you do not agree to the Terms, do not enter this Site (and exit immediately), nor use the services it provides. The Terms are applicable to the Site when used or accessed in any means or form, whether via personal computers, mobile devices or otherwise.

The Terms may be revised and updated from time to time, with or without any notice. The Company shall, but is not obliged to, make reasonable efforts to post a prominent notice in case the Terms shall change substantially. Without derogating from the generality of the preceding paragraph, the Terms may be revised and/or amended in order to ensure that they are in line with any changes in the content and the functionality offered in the Site. Your continued use of the Site following the posting of any changes of the Terms will mean that you have accepted such changes. The Company urges you to check the Last Revised date appears at the top of these Terms in order to be updated and make sure that you are aware of any additions, revisions, or modifications that we may make to these Terms. You can review the most current version of the Terms at any time at: www.tlv1.fm/terms

By using, entering and/or viewing the Site, you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and any person using or entering the Site.

2. Content and Services; Availability of the Contents/Services

Access to the Site currently provides users with access to a variety of online resources, including, without limitation, news stories, personalized content, online forums, articles, audio, videos, radio broadcast, and other kind of entertainment content, and allow the users to read such content and listen to radio broadcast, as well as to videos and music streamed from the Site. The Site may also include media broadcast promotion and advertising services provided by third party websites, the use of which is subject to such third parties’ terms of use and privacy polices. Any new features or content which may be added to the Site shall be subject to these Terms. Access to the Site may not be available at all times or in all areas. Company reserves the right in its sole discretion to modify, update or discontinue, temporarily or permanently, the Site, including to add functionality or feature to, or remove them from, the Site, with or without any notice to you. You agree that the Company shall not be liable to you or to any third party for the content or any modification, suspension, or discontinuance of: (a) this Site, or (b) the materials presented on this Site (including contact information, links, publications, medical materials presented, other specialized content, documentation, data, related graphics, and other features as applicable) offered herein (collectively, the “Materials“).  Users can access our Site in order to embedding our HTML widget available on our Site (the “Widget“) for simpler integration. USERS WHO WISH TO USE THE WIDGET ARE COMMITTED TO DISCLOSE TO THEIR WEBSITE’S END USERS THE MAIN OBLIGATIONS, RESTRICTIONS AND DISCLAIMERS SPECIFIED UNDER THESE TERMS AND HAVE THEM AGREE TO SUCH TERMS.

3. Use Restrictions

You may not: (i) copy, modify, adapt, make available (whether publicly or not), translate, reverse engineer, decompile, or disassemble any portion of this Site or the information which this Site contains in any way; (ii) create a browser or border environment, or GUI around the Site (e.g. no “frames” is allowed); (iii) interfere or attempt to interfere with or disrupt the operation of the Site, or any activity performed therein, or the servers or networks that host the Site or make the Materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iv) interfere with or violate users’ right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, scraper, crawler, site search or retrieval application, or other manual or automatic device, means or process to access the Site or retrieve index and/or data-mine information; (v) impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the Materials provided in this site or gaining unlawful access to it; (vi) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Company endorse you, your website, your business or any statement you make, or present false information about this Site; (vii) transmit or otherwise make available in connection with this Materials any virus, “worm”, “Trojan horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (viii) create a database by systematically copying and storing all or any of Company’s Intellectual Property (as shall be defined below); (ix) bypass any measures used by the Company to prevent or restrict access to the Site; (x) use this Site for any illegal, unlawful, immoral or unauthorized purpose; (xi) embed or otherwise exploit the Site and its trade name for commercial use, or copy or seek to copy or ‘rip’ any audio or audiovisual content from the Site or the Material; and (xii) post or send any unlawful, threatening, defamatory, pornographic or libelous material or any material that could constitute a criminal offence or give rise to civil liability or otherwise violate any law, rule or regulation (in which all such event, we reserve the right to take any action deemed necessary, in our sole discretion, to cure or prevent the violation, including, by removing such material).

 

Your failure to comply with the provisions set forth herein may result in the termination of your access to the Site and/or the Material and any other service provided therein, and may expose you to civil and/or criminal liability.

You hereby acknowledge and agree that the copying, rearrangement, reproduction, sale, lease, distribution, modification, adaption, posting, transmitting, communication to the public, by you, whether directly or indirectly, of the Material or any content available or was available on the Site, is strictly prohibited, unless a prior written and express approval is provided to you by the Company. You further agree that exploiting any part of any content available or was available on the Site for a purpose that is not permitted by the Terms is prohibited without our prior written and express consent.

Company reserves the right to restrict, suspend or deny access to all or part of the Site or the Material to any person in its sole discretion without prior notice, and without any liability of any kind. In addition, Company may impose limits on certain features and/or restrict access to certain part of or the entire Site and/or the Material without prior notice and without being liable to you or to any third party.

4. Disclaimer

The information contained in this Site is provided for informational purposes only, and should not be construed as advice on any subject matter.

No recipients of content from this Site should act or refrain from acting on the basis of any content included in the site without seeking the appropriate professional advice on the particular facts and circumstances at issue. The content of this Site contains general information and Company expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of the Site.

Any information sent to Company through the Site is not secure and is done on a non-confidential basis. Company does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through this Site.

5. Intellectual Property Rights 

The Materials and all the content provided, featured or displayed on the Site, including without limitation, the graphics, photos, the proprietary algorithms and methods, the texts, data, images, personal data and information, business and technical data and information, guides, manuals, illustrations, specifications, any proprietary resources, presentations, sounds, music, videos, interactive features, software (whether in source code or object code), scripts, designs, interface functionality (collectively, “Intellectual Property“), whether or not registered and/or protected by copyrights, patents or other proprietary rights and laws, are solely owned by or licensed to the Company, or owned by Company’s vendors, agents and/or content provider, and they are subject to copyright and other applicable intellectual property rights under domestic laws and/or foreign laws and/or international conventions. All trademarks, service marks, trade names and logos of the Company or the Company’s licensors used in the Site, including the website name and design, are of the Company or its affiliates, partners, vendors or licensors, and are subject to applicable intellectual property rights under domestic and/or foreign laws and/or international conventions. Notwithstanding the above, certain content and features made available or displayed through the Site, including without limitation, graphics, photos, sounds, music, videos, interactive features, software (including “widgets”), scripts, interface, trademarks, service marks and logos may be owned by third parties. Without derogating from the generality of the above, our Company’s logo and other commercial identifiers the Company uses in connection with the Site are all trademarks and/or trade names of the Company or of our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by you with respect to such trademarks and/or trade names. Except as permitted by applicable laws or as expressly as otherwise granted to you in writing, you are not granted, expressly or by implication, estoppels or otherwise, any license or right to use any of the Intellectual Property in any way, including by using the Company’s trademarks and name on any other website, without the prior written permission of the Company. This includes copying, reproducing, republishing, posting, transmitting or modifying Company’s trademarks in anyway, including for advertizing purposes, as well as the using the Company’s name or trademark as a hotlink on other websites, all of which are not permitted without the prior written consent of the Company.

Company hereby grants to users who wish to use our Widget a worldwide, nonexclusive, commercial, non-sublicensable, non-assignable and fully revocable limited license to use our Widget on your website solely for the limited purpose of displaying and making available our content to your website’s end-users for their own private and personal use, all in accordance with the conditions contained in these Terms.

When used with Company’s written permission, all trademarks must be identified as trademarks of Company using the appropriate symbol (e.g.,™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

6. Commercial Advertisements

Company may integrate commercials and advertisements, within or beside its Materials. All the information contained in such commercials and advertisements belong solely to the advertisers and Company makes no warranties or representations as to such advertisements, whether or not Company had control over such advertisements.

7. Disclaimer and Warranties

THE MATERIALS AND THE CONTENTS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING FOR SUCCESSFUL OR PROPER INSTALLATION. COMPANY DOES NOT WARRANT THAT THE MATERIALS, SERVICES AND INFORMATION presented on this site WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY MAY CORRECT, MODIFY, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO ANY DATA, INFORMATION AND CONTENT AVAILABLE VIA THE SITE, AT ANY TIME OR TO DISCONTINUE DISPLAYING SUCH MATERIALS, INFORMATION AND CONTENT WITHOUT NOTICE.

COMPANY DOES NOT WARRANT OR GUARANTEE ANY ADVICE, INFORMATION, MEDICAL OR OTHERWISE GRANTED THROUGH THE SITE AND ASSUMES NO LIABILITY, WITH RESPECT TO SUCH INFORMATION OR ADVICE OR ITS ACCURACY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE INFORMATION AND MATERIALS PRESENTED ON THIS SITE SHOULD BE USED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND NOT FOR MEDICAL OR OPERATIONAL PLANNING OR OTHER PURPOSES. ALSO, COMPANY CANNOT ASSUME ANY RESPONSIBILITY FOR UPDATING OR CORRECTING ANY SUCH INFORMATION OR ADVICE ONCE IT HAS BEEN GIVEN.

8. Limitation of Liability

THE USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DEATH OR INJURY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION RESULTING FROM OR ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER COMPANY OR AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, THE COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY BE CAUSED TO ANY A COMPUTER, HARDWARE, SOFTWARE, OR ANY OTHER EQUIPMENT OF A USER, INCLUDING WITHOUT LIMITATION DAMAGES THAT IS CAUSED AS A RESULT OF A SECURITY BREACH OR BY A VIRUS, BUGS, ERRORS, DEFECTS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER MALFUNCTION.

EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO ten (10) US dollars.

9. User’s Representations and Warranties

As a condition for your use of the Site, you hereby represent and warrant that (i) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and to fully perform your obligations hereunder; (ii) the execution of these Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; (iii) you will provide true and accurate information and will not impersonate or provide a false identity; (v) you will not infringe any right of any third party, including intellectual property rights, privacy rights and publicity rights; and (vii) you will not harm any user and will not use the Site and Materials presented therein for any illegal, Immoral or unauthorized purposes.

10. Specific Notice Regarding Links to Third Party Sites

Certain links provided herein permit you to leave this Site and enter other, non-Company sites, including website that are not operated, owner or controlled by the Company. These linked sites are not under Company’s control and may have their own terms of use and privacy policy. Neither the Company, nor any of its respective affiliates, is responsible for the contents of any linked site, any materials or other information accessible from any such sites and any changes or updates to such sites or the availability or unavailability of such external sites or resources. Company is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by Company of any linked site. Company’s publication of information regarding third-party products, sites or services does not constitute an endorsement regarding the suitability of such products or services or a warranty, representation or endorsement of such products or services, either alone or in combination with any of Company’s Materials. The Company does not warrant or make any representation regarding the legality, accuracy, or quality of any content, information, services or products presented by such third party websites. Company reserves the right to terminate any link at any time. You further acknowledge and agree that (i) Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource; and that (ii) your correspondence and dealings with any external sites found on the Site which are owner and/or operated and/or controlled by any third party, including, without limitation, the payment and delivery of services and/or products, are solely between you and such third party, and the Company shall in no event be responsible for any loss or damage of any sort incurred as a result of such dealings.

11. Submission of Information

The Site may, at some stage, include features through which you can upload or submit information (including, photos, audio, video etc.), or post messages or text through or on the Site (“Your Uploaded Information“). Your Uploaded Information may also include, posting on forums, blogs, bulletin boards or chat rooms which may be offered by the website. You acknowledge and agree that (i) Your Uploaded Information is your sole responsibility and you are therefore entirely liable for any such data you upload or post; that (ii) the Company shall under no circumstances by liable in any way for any of Your Uploaded Information, including, without limitation, any errors or omissions in Your Uploaded Information, or for any loss or damage of any kind resulting from Your Uploaded Information; and, that (ii) the Company (including its affiliates and their respective directors, owners, employees, agents and representatives), do not endorse the content posted as part of Your Uploaded Information. Accepting any payment from any third party in consideration for posting any of Your Uploaded Information is strictly prohibited.

You further agree that when posting and/or uploading Your Uploaded Information, you will not:

  • create a risk of harm, loss, physical or mental injury, emotional distress or discomfort, death, disability, physical or mental illness to any person;
  • create a risk of any other loss or damage to any person or property;
  • humiliate (whether publicly or otherwise), assault or threaten any other person; and you will not perform a conduct or an activity that may constitute a crime or tort;
  • post or send any unlawful, threatening, or defamatory content;
  • infringe upon, misappropriate or violate the rights of any third party, including without limitation, any intellectual property rights or rights of privacy.

The Company reserves the right, but it is not obliged, to edit, delete or move Your Uploaded Information, in whole or in part, and/or pursue any available legal remedies if Company determines, in its sole discretion, that Your Uploaded Information constitutes any of the actions or activity mentioned in the preceding paragraph, or that it violates any domestic and/or international laws, rule or regulations.

Except as otherwise provided in the Privacy Policy, Your Uploaded Information are deemed non-confidential and the Company shall be under no obligation to maintain the confidentiality of such information, and it shall not be liable for any use or disclosure to any person of Your Uploaded Information. By posting Your Uploaded Information, you expressly grant the Company, without any credit or any kind of compensation whatsoever to you, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, unrestricted, fully sub-licensable, and fully transferable right to use, reuse, modify, adapt, display, archive, publish, sub-license, copy, reproduce, transmit, post, communicate to the public, translate, or sell, or to incorporate in other works in any form, media, software or technology, for any purpose whatsoever, including without limitation, for advertising, marketing, merchandising, publicity, and other promotional purposes, in any part or all of Your Uploaded Information.

12. User Accounts

You may be required to perform a registration procedure to create your own account (“User Account“) in order to be able to use certain features, services available on the Site, or any other portions of the contents presented by the Site, including, without limitation, for using the Widget. In this case you will be required to select and provide a username, a password, as well as your e-mail. You are responsible for maintaining the confidentiality of your User Account, user name and password, and you agree to accept responsibility for all activities that occur under your User Account. Use of a User Account is personal and individual, and you may not create more than one User Account, and/or disclose your username and password to anyone and/or otherwise enable another person to log-in to your User Account. If you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. In addition, you, and not the Company, are responsible for maintain the confidentiality of your username and password and for restricting access to your computer.

13. Indemnification

You agree to defend, fully indemnify and hold harmless Company, its affiliates and subsidiaries, and any of their respective officers, directors, employees, owners and agents, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of  the Site or the Material, including your placement, uploading or transmission of any message, content or information on the site, by you or any user authorized by you; (ii) your violation of any term of these Terms or any law, rule or regulation in any country; (iii) your violation of any third party right, including without limitation any intellectual property right, property right, privacy right or publicity right; (iv) any access or use of the Site by any other party with your username or password; (v) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site or the Material; and (vi) any claims from your website’s end-users, if you chose to use our Widget, for damages arising out of their decision made or action taken or not taken in reliance on our content which were displayed on your website This defense and indemnification obligation will survive these Terms.

 

14. Termination

You agree that Company, in its sole discretion, may terminate your use of this Site or any part thereof, at any time and for any reason, including, without limitation, if Company believes that you have violated or acted inconsistently with the spirit of these terms and conditions. You agree that any termination of your access to this Site and/or the Materials under any provision of these terms and conditions may be effected without prior notice. Upon termination of these terms and conditions, your right to use this Site will immediately cease. Company shall not be liable to you or any third party for any termination of your access to this Site or any part thereof.

15.  Copyright Agent

We respect the intellectual property rights of others. If you believe that any content displayed in the Site is infringing your rights, including, but not limited to, if you believe that content relating to your own work have been copied in a way that constitutes copyright infringement, please provide the following information in writing to us: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material; (iv) Information so that we can contact you, such as address, telephone number and e-mail address; (v) 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; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. We can be reached for this purpose: TLV1 Radio – 52 Hey Be’Iyar, Tel Aviv, Israel.

16. General

These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

Any claim relating to the Site and/or the Materials or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site and/or the Materials will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jafa District, Israel.

The Company’s shall not be responsible for damages or for delays or failures in its performance and/or the performance of the Site resulting from any event or matter which is beyond its control, such as, without limitation, acts of God, power failures, fire, lightening, war, revolution, strikes, slowdowns, any law or regulation as well as any requirement by a government authority or entity and the like.

You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. You acknowledge that any other guidelines, terms and conditions which may be posted by the Company in connection with a particular feature or service on the Site are hereby incorporated by this reference into these Terms.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

The sections and titles used in these Terms are for convenience and reference only and shall not have any legal effect nor will they affect the construction of any provision of these Terms.

 

For information or questions contact:

TLV1 Internet Radio, Ltd.

E-mail: info@tlv1.fm

Tel: : +972-36133627

Address: TLV1 Radio – 52 Hey Be’Iyar, Tel Aviv, Israel.