Terms & Conditions
General
1. Medaliland Ltd. (hereinafter: the “Company”) is a company incorporated in Israel, wholly owned by Mr. Doron Medalie (hereinafter: “Medalie”), a lyricist, composer and creator, who operates a website containing musical segments that Medalie created alone or together with others, at the address media-hooks.com (hereinafter, as applicable: the “Website”).
2. The Website enables listening to musical segments created by Medalie and by others (hereinafter: the “Musical Segments”), and also includes the option to contact the Company and/or Medalie for the purpose of examining the possibility of purchasing and using the Musical Segments (hereinafter: the “Service”).
3. The provisions of these Terms of Use and Privacy Policy shall apply to the Service and shall constitute the binding legal agreement between you – the user of the Service (hereinafter: the “User”) – and the Company and/or Medalie. You confirm that you have read these Terms of Use and Privacy Policy, and approval of the reading of the Terms of Use and the Privacy Policy constitutes your full consent to all of the terms specified therein. You are not legally required to consent; however, you will not be able to make use of the Service if you do not agree to the Terms and Conditions or Privacy Policy.
4. Wherever the language of the Terms of Use and Privacy Policy refers to the singular, it shall also mean the plural, and vice versa.
5. The Terms of Use and the Privacy Policy must be read carefully and in full.
The Service
6. The Service is intended for listening to the Musical Segments only, and or the purpose of evaluation thereof. Any use of the Musical Segments, except for this purpose, is strictly prohibited.
7. The Service is intended exclusively for creators, lyricists, composers, music producers, arrangers, publishers, and music, entertainment and production companies.
8. Any use of the Musical Segments and/or any part thereof requires a license granted by the Company.
9. Accordingly, if you are interested in making any use whatsoever of the Musical Segments, you are required to contact the Company via the “Contact” button on the Website for the purpose of acquiring a license.
10. The Grant of such license shall be negotiated by the parties, including the terms of such license. Contacting the Company does not guarantee the granting of such license by the Company.
Eligibility for the Service and Conditions of Use
11. The Service is provided to users over the age of 18, or users who are adults in accordance with the laws of the User’s place of residence.
12. You undertake to make use of the Service, including all of its features and functions, in accordance with the applicable law, the rules and regulations applicable thereto, and in accordance with these Terms of Use.
13. The Website was developed by the Company, and its presentation and proper operation depend, inter alia, on the end device and the browser through which you are making use of it.
14. We wish that you will be able to derive the maximum benefit from the Service; however, in not every situation will we allow the continued use of the Service. We shall discontinue the Service and block it for the User in any of the following cases:
a) It becomes apparent to the Company or anyone on its behalf that the User performed an unlawful act and/or violated the provisions of the law.
b) The User has breached these Terms of Use.
c) The User has performed an act or omission that may harm the Company and/or anyone on its behalf, and/or the proper operation of the Website, and/or any third party, including other Users of the Service.
d) The User has used the Service in any manner that is not consistent with reasonable and accepted conduct in good faith.
e) It is hereby clarified that in any situation of discontinuation of the provision of the Service pursuant to the sections above, the User shall not be entitled to any compensation or indemnification in respect of the actions taken by us.
Intellectual Property
15. The User is aware that all intellectual property rights (of any kind whatsoever), including trademarks, trade secrets and copyrights, whether registered or unregistered, in the Musical Segments, the Website and any part thereof, including melodies, lyrics, arrangements, master recordings, the design of the Website, and any software, application, computer code, graphic file, text and any other material included therein, whether in the external interface, source code or object code, (hereinafter: the "Rights") are the exclusive property of the Company and/or of third parties who have granted us the any of the Rights in order to make use thereof within the framework of the Service, and are protected by intellectual property laws of the State of Israel, international conventions and the copyright laws of other countries.
16. The User is prohibited from modifying, copying, publishing, distributing, transmitting, displaying, performing, reproducing, licensing, creating derivative works, performing reverse engineering, or selling, whether partially or in full, temporarily or permanently, in any manner whatsoever, any part of the information and content included in the Service, including the Musical Segments.
17. Furthermore, no use may be made of the Website in a manner that constitutes or may constitute an infringement of or harm to the intellectual property of the Company and/or Medalie and/or any third parties.
18. The User undertakes not to circumvent, by technological means and/or in any other manner, the protection measures of the Service.
19. The trademarks on the Website are the property of the Company only and/or of third parties, or, where published on behalf of advertisers, business partners or suppliers – the exclusive property of those parties. You are prohibited from making any use thereof.
20. No commercial use may be made of the Musical Segments and/or any part thereof, of the information, content, products and services offered within the framework of the Service for any profit-making purposes, and you are not permitted to allow any use thereof by any third parties by way of sale or further supply.
21. The User undertakes not to make any changes and/or to interfere in any manner whatsoever with the source code of the Website and/or the information and/or the content and/or the services and/or the products included therein, and not to upload any software and/or applications that may harm or cause damage to the Company and/or any other third parties.
22. The Users declares that it is aware of the limitations of the internet network with respect to information security limitations on the network, and you release the Company and/or anyone on its behalf from any liability in this regard, all in accordance with the Privacy Policy of the Service.
Limitation of Liability and Representations
23. The Service is provided by the Company as is, without any representations or warranties. The Service is provided over the internet network, and The User is aware that the Company does not undertake that the Service will be provided without interruptions or malfunctions. The User waives any claim and/or demand and/or lawsuit against the Company and/or anyone on its behalf in respect of any damage that may be caused to it as a result of the use of the Service, including special, direct, indirect or consequential damages. Nothing in this waiver shall constitute a waiver of rights which, by their nature or by law.
24. In any event and under no circumstances shall the Company and/or its shareholders and/or its directors and/or its employees and/or anyone on their behalf bear any liability or responsibility whatsoever for any of the following:
a) Any indirect, consequential or incidental expense, loss or damage (including economic loss, loss of profits, loss of business opportunity, loss of goodwill, diminution in value and the like), which may be caused to the User or to any third party in connection with the use of the Website and/or any act or omission of the Company and/or anyone on its behalf;
b) Any malfunction and/or delay and/or disruption in the Service and/or the Website and/or in connection with any of the foregoing (including, without derogating from the generality of the foregoing, telephone lines and/or internet systems and/or cellular networks), as well as any expense, loss or damage caused for any reason whatsoever that is not dependent on the Company, including, without limitation, as a result of an order and/or regulation and/or instruction of a governmental authority, a material shutdown of communication systems, limitations arising from Covid-19, earthquake, storm, shortage of materials and/or public services and/or transportation services, fire, flood, explosion, detonation, accident, epidemic, pandemic, strike, shutdown, riots, disturbance of the public order, war, act of terror and/or hostility and lockdown; and these shall not be deemed a breach of the Terms of Use and shall not entitle the User to any remedy and/or right. For the avoidance of doubt, and without derogating from the generality of the foregoing, it is clarified that the User shall have no claim or right whatsoever in connection with actions taken by the Company as a result of such malfunction and/or disruption;
c) Any expense, loss or damage caused in connection with acts or omissions on the part of the User and/or by third parties, including, without limitation, communication providers (including in connection with malfunction and/or disruption, temporary or permanent, of communication lines);
d) Any expense, loss or damage caused in connection with unauthorized access, attacks, hacking and intrusion into information (or an attempt to perform any of the foregoing) through communication lines or any other communication network;
e) Any expense, loss or damage caused to the User as a result of updating and/or cancellation and/or removal of content from the Service.
25. Without derogating from the foregoing:
a) The Website may include inaccuracies or typographical and other errors, and the User declares that the User understands that it is not possible to prevent errors, defects and mistakes in the content and/or in the manner of its transmission;
b) The Company does not undertake and/or represent that use of the Website will be continuous, uninterrupted or free of malfunctions, that malfunctions will be corrected, or that the content and/or the Service will be free of viruses or other harmful components;
c) Communication networks, computers, servers and websites are exposed to attacks and hacking attempts by various parties. The Company takes security measures in order to safeguard the privacy of the information entered in the course of using the Website (via the contact button); however, the User should know that this cannot be guaranteed absolutely and security breaches and intrusions into the Service may occur. The Company does not undertake that the Service will be absolutely immune from unauthorized access to information stored therein. By browsing and providing details, the User releases the Company and/or anyone on its behalf from liability for any damage caused to the User and/or anyone on the User’s behalf and waives any claim against the Company and/or anyone on its behalf in this regard.
Customer Service
26. For the purpose of contacting or making inquiries regarding any matter related to the Website, the User may contact the Website’s customer service by email at the address: doronmed@gmail.com.