LAST UPDATED: May 31, 2009
1. ACCEPTANCE OF TERMS
This website is owned by Hyrax Media Ltd. ("Company"). By accessing or using this website (the "Website") including using or downloading materials, content, software or services available on the Website, you agree to and are bound by the terms and conditions set forth in this document and any changes thereto that Company may publish from time to time (collectively, the "Terms of Use"). By accessing and using this Website and any software and services available herein, you further agree to and are bound by the Privacy Policy http://mecanto.com/privacy of this Website. If you breach any of the Terms of Use, your authorization to access or use this Website and any content, software or services offered herein, automatically terminates.
Company reserves the right to update and change these Terms of Use from time to time at its sole discretion. Company will make reasonable efforts to include notices regarding any such updates or changes to the Terms of Use. Your continued access or use of the Website, or any software, content or services, constitutes your acceptance of the changes.
Please note that this Website is intended for use by users who wish to obtain a license to Company's MeCanto PC Client software ("Software") and/or services offered on our Website. In order to use the Software you will be required to accept terms of the applicable End User License Agreement (made available when installing the Software). To the extent that any of these Terms of Use conflict with the terms of the End User License Agreement or with any other written (including electronic) agreement between you and Company, regarding the use of the Software, specific Services on the Website or linked websites, or other specific products and services (including end user licenses, specific terms of use, or privacy disclosures) (collectively, "Product Agreements"), the terms of the Product Agreements shall prevail.
2. DESCRIPTION OF SERVICES
Company's services enable users through use of the Software to transfer and manage their content to/on Company's Website (Company's server) and conversion of such Content's format for transmission thereof via the user's personal computer, mobile device and/or cellular phone, ("Services"). The Services are intended for User's personal use and User may not use our Services for public broadcasting of User's Content. The term "Content" shall mean any content of any type including musical content, video clips or other. When "Content" is used in the context of "user's Content" it means any Content that is transferred to Company's server or otherwise provided by user (passively or actively) to Company in the course of using our Services.
Please be advised that Company may limit the storage capacity for each user and may remove your Content or parts thereof in the event of low usage of such Content over a reasonable period of time.
AT THIS STAGE THE SERVICE IS PROVIDED AS BETA AND THEREFORE WILL NOT BE FULLY AVAILABLE AS COMMERCIALLY AVAILABLE PRODUCT/SERVICE.
3. END USER LICENSE AGREEMENT
The use of the Software is conditioned upon your acceptance of the terms and conditions set forth in the end user license agreement available for your review upon download and installation of the Software and on this link http://mecanto.com/eula ("EULA"). Except for the license granted under the EULA, Company reserves all rights in the Software. You acknowledge that Company and/or its licensors own the title, copyright, and all other intellectual property rights in the Software.
You will not disassemble, decompile, or reverse engineer, the Software and/or any part thereof.
4. USER ID
When you first use our Services you will be required to register as a user and provide your e-mail address, in order to receive User ID and password. You may, at your option, provide us additional information such as name, gender, country of residence and date of birth (collectively, "User Information").
In registering as a user, you represent and warrant that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current, and complete. If you provide any information that Company believes to be inaccurate, not current, or incomplete, or if you select a User ID that Company, in its sole discretion, finds offensive or inappropriate, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services.
You agree to (a) keep your password confidential and to only log in with your User ID and password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify Company of any unauthorized use of your User ID and/or password. You are fully responsible for all activities that occur under your User ID. Company will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge that the availability of the Services is depended upon external factors such as internet service providers and internet network availability and Company cannot guaranty 100% availability of the Service. In addition to the disclaimers set forth in these Terms of Use, Company shall not be liable to any damages arising from unavailability of the Services including without limitation damages in connection with your User ID details or loss thereof or your inability to use, restore or reassign such User ID under your name.
5. PRIVACY POLICY
Our Privacy Policy http://mecanto.com/privacy explains our online information practices and how your information is collected and used.
6. CONTENT
Any and all media, images, music, sounds, graphics, video, or other materials and content made available by you through your use of the Software and/or Services (whether yours or of third party) (collectively, the "Content") are at your sole responsibility. Company does not screen any content, does not back up any content and is not responsible for any content placed, displayed or otherwise transmitted by you or by any user. THIS MEANS THAT YOU, AND NOT COMPANY, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT TRANSMITTED BY YOU. FURTHERMORE, IT IS YOUR RESPONSIBILITY TO ASCERTAIN WHETHER ANY COPYRIGHT, PATENT OR OTHER RIGHTS, LICENSES, PERMITS, AUTHORIZATION OR OTHER CLEARANCES ARE NECESSARY AND TO OBTAIN ANY SUCH RIGHTS, PERMITS AND LICENSES TO SUCH CONTENT INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHTS THEREIN, INCLUDING FOR THE TRANSMISSION THEREOF VIA THE SERVICES.
You undertake to use the Content for your personal use only and in accordance with all applicable laws and only to the extent you have right, license and/or other permission to use and transmit such Content. You shall not use the Website and/or the Software and/or Services to transmit Content that transmission or retransmission or any use thereof through application of the Service violates or infringes any third party intellectual property rights or any publicity or privacy right.
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY INFRINGEMENT OF THIRD PARTY'S RIGHT, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT TRAMSMITTED VIA THE SERVICES.
Without derogating from the foregoing disclaimer, Company reserves the right to investigate any claims of misuse of its Service, intellectual property infringement and to protect its assets.
You understand that your Content may be transmitted over various networks and changed to conform and adapt to technical requirements.
7. USER CONDUCT; RESTRICTIONS ON USE
You agree that your use of the Services and Software must comply with all applicable local, state, national, and international laws, and that you will not use the Website, Services and/or the Software for any illegal purpose and/or for transmitting illegal content or content that you are not permitted or licensed to transmit.
You agree that you will not: (i) use the Services to reproduce copyrighted materials; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Services; (iii) provide your User ID or password to any other person; (iv) translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or any portion of them; (v) circumvent any technology used by Company or its licensors to protect content accessible via the Services; (vi) share or permit other individuals/entities to use the Services, rent, lease or sublicense any of the Services; or (vii) use the Services in any way that violates the terms of these Terms of Use.
8. TERMINATION
Company may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your User ID and/or remove or discard from the Service any Content associated with your User ID including, without limitation, in cases whereby Company believes in its sole discretion that your use of the Service is inappropriate or abusive. Company may also in its sole discretion and at any time, discontinue providing this Website, the Software and/or the Service, or any part thereof, with or without notice. Company reserves the right to remove/delete any Content upon such termination or discontinuance.
9. PAYMENT FOR USE OF SERVICE AND SOFTWARE
Company may, in its sole and absolute discretion and without notice or liability to you or any third party decide to charge for the use of the Service and Software. If you fail to pay accordingly, Company may in its sole discretion and at any time, terminate your User ID and/or remove or discard from the Service any Content associated with your User ID.
10. INTELLECTUAL PROPERTY; LICENSE
You acknowledge that Company owns or has a license to all title and copyrights in and to the Website, Software and Services. All title and intellectual property rights in and to the licensed content in the Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. Company's trade marks shall include any trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Services and/or Software. The Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.
Company does not claim ownership of the Content made available through the Services.
By using the Service, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, reproduce, convert for formatting purposes and transmit such Content for purpose of providing the Services to you.
11. LINKING
The Website may contain links to third party websites that are not owned or controlled by Company. Company assumes no responsibility for the content, privacy policies, or other practices of any third party websites, and Company encourages you to read the terms and conditions or other policies of such third parties prior to the use of their websites. Company shall not be liable in any manner from your use of any third party website.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES, THE WEBSITE AND THE SOFTWARE IS AT YOUR SOLE RISK. THE SERVICES, WEBSITE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, WEBSITE, THE SOFTWARE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT MADE AVAILABLE THROUGH THIS WEBSITE, THE SERVICE OR THE SOFWTARE, OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE OR THAT CONTAINS A LINK TO THE SOFTWARE.
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (i) TRANSMITTING CONTENT AND/OR OTHERWISE USING THE CONTENT INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, THE TIMELINESS, DELETION, OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE, RESTORE OR REASSIGN ANY PERSONALIZED SETTINGS OR USER ID (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF SERVICE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURED SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (vi) 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 MADE AVAILABLE VIA THE WEBSITE OR SERVICES.
13. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO THE WEBSITE AND/OR THE SERVICES AND/OR THE SOFTWARE AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT COMPANY'S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT OF 10 NIS.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its employees, agents, and representatives against any claim, suit, action, or administrative proceeding brought against Company, its employees, agents, and/or representatives ("Claim") to the extent such Claim, arises out of, or is related to your Content, your access or use of the Service, your violation of these Terms Of Use, or of any rights of another, including, without limitation, infringement of third party's intellectual property rights, access or use of the Website, Services or content by someone else, or violation by such other person of these Terms Of Use, including without limiting by using your computer or User ID.
Under this indemnification, you agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorney's fees and costs finally awarded or incurred by or in connection with any such claim, suit, action, or administrative proceeding. This defense and indemnification obligation shall survive these Terms of Use and your use of the Website, Services and/or Software.
16. GOVERNING LAW
Company operates the Website from its offices in Israel. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The Terms of Use and the relationship between you and Company shall be exclusively governed by and construed in all respects under the laws of Israel, without giving effect to any choice-of-law or conflict-of-laws provisions. You agree that: (i) the Website shall be deemed based in Israel; and (ii) the Website shall be deemed a passive Website that does not give rise to personal jurisdiction over Company, either specific or general, in jurisdictions other than Israel. You and Company further agree to submit to the personal jurisdiction of the courts located in Tel Aviv, Israel, for any and all legal claims, suits or actions that arise in connection with this Website and/or Services or from a dispute as to the interpretation or breach of these Terms of Use.
17. GENERAL
Claims of Copyright Infringement. If you know of, or suspect, copyright infringement, please send a detailed notice to copyright@mecanto.com. The notice must contain all of the information necessary for contacting you and all information you may provide to assist Company in investigating such a claim.
Waiver and Severability. The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any of the provisions of the Terms of Use are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Non-Transferability. You agree that your User ID is non-transferable and any rights to your User ID terminate upon your death.
Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
© Copyright 2009 Hyrax Media Ltd. All rights reserved.
