Terms and Conditions

Welcome to TAVIM.COM Yehonatan Kol (“Site Owner”) authorizes the use of tavim.com (“Site”) which is under his control subject to the conditions set forth below:

 

  1. Preface
1.1  The user acknowledges that he has read the terms of use of the site listed below, and he agrees to use the site subject to the conditions outlined below. The user agrees to read all the conditions listed below before starting to use the site. If the user does not agree to the terms set out below, he is not authorized to access, use the site or take advantage of his services.
1.2  These terms apply to the use of the website and the content contained therein through any computer or other communication device (such as cell phones, PDAs, etc.). These terms also apply to the use of the website, whether via the Internet or through any other network or means of communication .
1.3  Please note that the site owner reserves the right to change, at his discretion and without obtaining the user’s consent, the terms of use of the site. At each entrance to the site, it will be possible to read the terms of use in their latest version, on the link that appears at the bottom of the site’s home page.
1.4  Wherever the word “user” is indicated in this agreement, the agreement refers to “registered user” and “unregistered user” (unless otherwise stated).
1.5. The terms of use of the site are worded in male language for convenience only, and they apply, of course, to any affirmed gender.
1.6. For any questions regarding the use of the site, you can contact the site owner by email at yehonatan@tavim.com.

 

  1. The purpose of the site
2.1. The purpose of the site is to publish and sell notes for digitally downloaded musical works. From time to time, additional services related to music may be published on the site, such as articles and / or educational videos.
2.2. Products and / or services offered on the website will be purchased on the website. All such an operator declares that he is aware of the site’s rules and the rules of participation in the site and accept them, and that he and / or anyone on his behalf will not have any claim and / or claim against the site owners and / or operators and / or anyone on their behalf, except claims related to breach of site owners’ obligations And / or its operators in accordance with these rules and rules of participation.

 

  1. Who may purchase products and / or services on the site
3.1. Any person who has reached the age of 18 and has a valid credit card and a valid and active e-mail address may purchase services and / or products on the website. The purchase is conditional on registering on the site and providing complete, correct and accurate personal details.
3.2. The owner of the site reserves the right to prevent access to the purchase of services and / or products on the site to surfers whose behavior is inappropriate, or not in accordance with the rules of participation and / or who attempt to impair the proper management of sales on the site and / or who intentionally provided incorrect information and / or an act or omission that harms or is likely to harm the site owner and / or any party and / or the person who used the site owner’s services to commit an unlawful act, and / or the person who violated the terms of this policy and / or the person who intentionally and / or not provided the site owner Intentionally and / or the person whose credit card is blocked or restricted in use.
3.3. It is strictly forbidden to distribute or trade, directly and / or indirectly, the products and / or services purchased on the site.

 

  1. responsibility
4.1. The site as a whole, including all information appearing on it and the information and material accessed through the site, are presented and available to you as is (“AS-IS”). It is not possible to adapt the site to the needs of each and every person. The user will not have any claim, claim or demand towards the site owner regarding the features of the site, the quality and / or quality and / or accuracy and / or integrity of the content on the site, the site’s capabilities, site limitations, adaptation of the site to its needs or responses.
4.1.1. The term “information” and / or “content” includes information of any kind, including but not limited to: musical notes, posts, any verbal, visual, audio, audio-visual content or any combination thereof, and their design, their processing, editing, distribution and presentation, including but not exhaustive, any image, photograph, illustration, animation, diagram, figure, simulation, sample, video, audio file and musical file; any software, file, computer code, application, format, protocol, database and interface and any note, symbol, icon and icon (iconn).
4.2. The site owner is not responsible for the actions or omissions of the users. The site owner will not be liable under any law for any damage and / or damage caused to the user of the site, including but not exhaustive, damage as a result of data loss, loss of software, costs of providing alternative service and disruption of service. Even if the site owner and / or his representatives knew and / or were informed of the possibility of such damage, which will cause the user or anyone else – the use of the site constitutes the user’s consent to release the site owner from any liability, means exemption from any liability for damage and / or direct and / or indirect damage caused to him and / or to any third party.
4.3. In no case will the website owner and / or his suppliers and / or any of his employees and / or anyone on his behalf be liable for any special, indirect or consequential damage, or for any damage, resulting from, among other things: loss of use, loss of data or loss of profits contractual, negligent or other tortious act which results from or is related to the use of the site and the contents or the performance of the site and the contents, the provision or non-provision of services, or the information contained in the services.
4.4. The owner of the site is not responsible for any goods or services purchased or obtained through the site or any other transaction made through it.
4.5. This agreement does not create and has no intention of creating employment relationships, customer supplier relationships, partnership relationships, joint venture relationships, franchise relationships and agency relationships.
4.6. Subject to the provisions of any other law, the owner of the site does not express any position and is not responsible for any express or implied position with respect to:
4.6.1. The information and material contained on the Site; 4.6.2. Regarding the material, information and actions, which are accessed through access to the site;
4.6.3. For any product, software, information, operations or services, accessed by means of an electronic link from the Site;
4.6.4. Regarding any damage that has been or may be caused due to the transmission of confidential or sensitive information through the Site;
4.6.5. Regarding any damage that has been or may be caused due to a defect or malfunction in the software that operates on the site or operates it.

 

  1. Continuity, availability and reliability of service
5.1. The owner of the site does everything in his power to verify the reliability and accuracy of the information contained on the site, but he can not guarantee the reliability and accuracy of the information, as stated. If inaccuracies are found in the information on the site, the site owner must be notified so that he can correct it.
5.2. The owner of the site reserves the exclusive right to make any changes to the site at any time for any reason, without prior notice and without any liability on his part.
5.3. The owner of the site may close the site and change it from time to time its structure, appearance and the availability of the services and content provided on it, without any prior notice.
5.4 If the user is charged and the paid for service is not provided, the customer will be credited.

 

  1. Use of the Site
6.1. Upon commencement of use, the user waives any claim or demand towards the site owner in respect of the features of use, restrictions or reactions that any content on the site will provoke.
6.2. The use, therefore, of the content displayed on the site and the site services will be made at the sole and complete responsibility of the user.
6.3. The use of the website is personal and exclusive to each user and cannot be checked, borrowed or transferred in any way.
6.4. The user will not transfer and / or lend and / or enslave and / or mortgage to any third party, for any purpose, whether in return or not in return the right to use the musical notes and / or products displayed on the site.
6.5. Do not run or allow to run any computer application or any other means, including software such as Crawlers, Robots, etc., for the purpose of searching, scanning, copying or automatically retrieving content from the site. This includes not creating and not using such means to create a compilation, collection or repository that will contain content from the site. 6.6. Do not display the site and / or content from the site in a frame (Frame / iFrame), visible or hidden.
6.7. Content from the site may not be displayed in any way, including through any software, device, accessory or communication protocol, intended to change their design on the site or to remove any content from them, in particular advertisements and commercial content.
6.8. The user of the site is strictly prohibited from making changes to it or copying, distributing, transmitting, displaying, performing, reproducing, publishing, issuing a license, creating derivative works or selling an item from the items of information, software, products or services originating from the site.
6.9. The transmissions and information to and from the site are not confidential. The burden of maintaining the confidentiality of information, documents or messages transmitted to the site from and through it, rests with the user.
6.10. The transmission and information regarding the purchase via credit card is confidential and encrypted, and is performed in front of a secure server that uses the SSL protocol.
6.11. The user agrees that in the transmission of information to or from the site, no relationship is created between him and the owner of the site that goes beyond those specified in this agreement.

 

  1. Maintaining confidentiality and intellectual property
7.1. The user declares, confirms and undertakes that:
7.1.1. He is aware that the notes, works, musical arrangements and other products and any part of them made available to him under this contract are for his own use and in connection with his normal course of business only, and only as long as this contract is valid.
7.1.2. He is aware that the notes, works, musical arrangements and other products and any part of them which the site owner will allow him to use as part of providing services on the site are the exclusive property of the site owner and / or any third party from whom the site owner acquired or received the right to use. During the entire period of the contract the owner of the site and / or a third party as aforesaid retains all the rights in the notes, works and products, including and especially the copyright in them.
7.1.3. Will not copy, distribute or publicly, both directly and indirectly, the notes, works and products and / or information and / or any output or product of them or of the services, in whole or in part, in any form (including reprinting using notation software, drawing, files or magnetic means) and that he and / or anyone on his behalf will not make any attempt to decipher codes and / or internal structure of data and / or interfere with communications in software, information or services in any way unless prior written consent of the site owner is obtained. The provisions of this section shall not apply to the use of printed output using the software for the internal needs of the user.

 

  1. On-site purchases and transaction cancellation policy
8.1. In return for the services and / or products provided to the user and / or provided through him and / or provided through his passwords, the user will pay the site owner payments in accordance with what is specified in the TAVIM price lists (hereinafter: “the payment”). Payment will be made by credit card and through the website only.
8.2. To the above payment will be added any fee and / or levy and / or tax and / or any other payment to any body and / or authority, which must be paid in accordance with any law in respect of the final services provided to the customer and which are imposed on the final consumer (hereinafter: “mandatory payments “).
8.3. To the above payment and mandatory payments made from Israel will be added automatically value added tax which will apply to the customer and will be paid by him at the time of payment for the products and services on the site in accordance with its rate according to the law.
8.4. The owner of the site will be entitled to change the charge for services and products at any time at his discretion.
8.5. The site owner’s records will constitute prima facie evidence of the user’s charges in respect of the payments, mandatory payments and other amounts due to the site owner from the user.
8.6. Various transactions that give a discount on the volume purchase of products and / or services on the site will be subject to the conditions listed next to them when they are executed.
8.7. By actually paying the user on the site for notes displayed on the site and / or notes ordered in person and / or other services offered for a fee on the site, the site owner does not guarantee that these will not be sold at a different price in the future or offered for free, at the site owner’s discretion. The user will have no claim in such cases.
8.8. Despite the fact that some of the note files offered for sale are accompanied by lyrics, it should be noted that lyrics are not an integral part of the site and there is no obligation on the part of the site owner to appear in the purchased product.
8.9. It should be emphasized that the customer waives his right to cancel a transaction after purchasing a downloadable note file, for any claim. The digital product cannot be returned and no refund will be given after purchase. Before purchasing a note file, the customer will check the following details: the name of the song, the names of the authors, musical instruments, and any other information that is explicitly displayed on the page that shows the note file for sale.
8.10 A change in the level of difficulty, the addition of chord symbols, a change in the scale of the work or any other change involves an additional fee and is not included in the price at which the original work was purchased. The cost of each change is priced individually and you can get a quote on the changes through the contact page on the website.
8.11 Notes purchased on the site may include a watermark bearing the name of the Site, as well as a logo, as well as additional safeguards, designed to protect against pirated distribution. It is not possible to purchase downloadable notes on the TAVIM.COM website without the watermark. For protection purposes the norte files may also be protected by the password required to open them. In this case, a message will be displayed with information about the password.
8.12 Some of the notes are linked to a video that plays the notes from the audio player’s of the notes’ software. The player plays the notes as well as the chords automatically. In some cases the sounds of the chord played are piano sounds. In the notes that appear in the “Singing and chords” format, as in the notes intended for any other instrument, the chords are for illustration purposes only and these sounds are not specified in the notes (in the key here, or at all), even if they are piano sounds. Some of the notes are linked to live performance. Live performances in which the arrangement is played are also for illustration only and may have slight changes compared to the sheet music page published by the composer / arranger on the site.
The purchased notes will be available for download on the download links page associated with the “My Account” page immediately after purchase. An additional copy will be sent via email. However, the site undergoes structural changes from time to time and therefore the site owner relieves himself of any obligation that the link will remain available indefinitely. A user who has purchased notes will be able to contact the site owner with a request to restore a download link to a song purchased up to 30 days from the date of purchase. If 30 days have passed from the date of purchase, the site owner is exempted from the obligation to send the user a new download link.

 

  1. External links
9.1. The site contains pointers and electronic links (hyperlinks) to information sources or other resources found on other sites in the Internet (hereinafter: “other sources”) and from them.
9.2. Unless otherwise stated by the site owner, electronic links to and from the site may not be construed as an expression of support or sponsorship, express or implied, by the site owner, with respect to those other sources.
9.3. The website owner does not guarantee that all the links found on the website will be correct and will lead to an active website. The mere presence of a particular link on the site does not indicate that the content of the linked site is reliable, complete or up-to-date, the owner of the site will not bear any responsibility in this regard.
9.4. The site owner is not responsible for the content, data or visual elements to which the links lead and is not responsible for any consequences that may result from their use or reliance on them.
9.5. Without derogating from the aforesaid, the site owner is not responsible for any indirect or direct damage caused to the user or his property as a result of using or relying on the information and content appearing on the sites that a user will reach through or using the existing link on the site. The owner of the site is not responsible for any indirect or direct damage due to the use or reliance on information and content published on the site by third parties.

 

  1. Misuse of the site
10.1. The site owner strives to maintain an adequate and safe level of operation of the site and the services provided on it. Please report any problem and / or offensive content and / or any policy violation.
10.2. The site owner strives to ensure that the services offered on the site do not infringe copyright, trademark rights or any other rights of third parties.
10.3. If you fear that your rights have been violated and / or that your work has been distorted or copied in a manner that infringes on your rights, please notify the site owner as soon as possible to the email address: yehonatan@tavim.com.
10.4. If the user of the site has identified content uploaded to the site that is in violation of third party rights, the user is asked to inform the owner of the site.
10.5. Without limitation of other remedies and remedies, the site owner will restrict user action and / or suspend user action and / or remove user-uploaded information and / or prevent user access and take technological and legal action to preserve third party rights.

 

  1. Site Content License
11.1. By uploading information, documents or notices about the site (the “Media”), the user hereby grants the site owner a free, unlimited, irrevocable, worldwide, non-exclusive, royalty-free license, to do in the media whatever is required at his discretion to achieve the legal purposes for which the media was uploaded on the site is subject to the provisions of this agreement. This license allows the site owner to display, reproduce, copy, distribute, market and make any other use of the content at his discretion. The user will not be entitled in the future, to any payment whatsoever for any content that is submitted for publication on the site except in cases where it has been expressly agreed in writing with the site owner.
11.2. By uploading information of any kind (including notes) or files to the site (hereinafter: “Content”), you agree and authorize the site owner and / or anyone on his behalf to make any use of the content, including recording and / or displaying and / or distributing it on the site and / or on the Internet and / or in the press and / or in cellular media and / or on television and / or in any media, to make use of public relations and to promote the site in the various media. And all at the sole discretion of the site owner without any need for additional permission and without the site owner paying any consideration for the use of the content except in cases where it has been expressly agreed in writing from the site owner. Without derogating from the above, the site owner will not sell content without the prior consent of the user.
11.3. Any use of the content by third parties, without the permission of the copyright holder, constitutes a violation of the Copyright Law, 1911 and / or the Copyright Law, 2007. The use of the content by the site owner and / or anyone on his behalf, as stated in the above paragraph, is approved as stated on by the copyright holder, and does not constitute a violation of the Copyright Act, 1911 and / or the Copyright Act, 20077.
11.4. The user undertakes to release the owner of the site definitively, completely and irrevocably from any liability for any damage, loss, loss or expense of any kind, caused or to be caused to the surfer and related, directly or indirectly, to the content uploaded and / or displayed on the site.
11.5. The user undertakes to compensate and indemnify the site owner for any damage, loss, loss or expense, of any kind, caused or to be caused to the site owner, and related, directly or indirectly, to the content uploaded and / or appearing on the site.
11.6. The user finally, completely and irrevocably waives any claim or demand towards the site owner regarding the said content.

 

  1. International use of the site
12.1. In light of the global nature of the Internet, the user agrees that any action taken associated with the site is done in violation of the laws of the place where you are located.

 

  1. release
13.1. If and in the event of a dispute between you and another user of the site and / or any third party, the user will release the owner of the site (and all licensees on his behalf) from any claim, demand and any damage of any kind.

 

  1. Indemnification
14.1. The user agrees to indemnify and compensate the site owner, his employees or anyone on his behalf for any damage, loss, loss of profit, payment or expense caused to them, including attorney’s fees and legal expenses, due to violation of these terms of use.

 

  1. privacy
15.1. The data the user provides when registering for the site will be stored in the site’s database. By law, the user is not obliged to provide the information, but without providing it, he / she may not be able to use some of the services on the site.
15.2. In order to register for the site, the user may be required to provide the following information: first name, last name, password, and email address. Additional fields may be added to the registration form according to the webmaster’s considerations to fill in for registration on the site.
15.3. The owner of the site considers the protection of user privacy a supreme value. The owner of the site will not rent, sell or transfer the personal information, including the credit information of the user to third parties for marketing purposes.
15.4. The owner of the site or anyone on his behalf will not use the registration details to send advertising content without the expressed consent of the registrant to the site.
15.5. The owner of the site makes reasonable efforts in the circumstances to protect the user’s details and his privacy. However, due to the nature of the network, it is not possible to guarantee complete protection of these details.
15.6. The user of the site absolves the owner of the site from any liability for any damage or direct or indirect damage, financial or otherwise, that will be caused to him as a result of leaking these details, regardless of the reason for their leakage.

 

  1. Copyright
16.1. All pages on the site are the property of the site owner. Do not copy or publish any part of the pages without the expressed consent of the site owner.
16.2. The site and the content appearing on it are protected by the copyright laws of the State of Israel, international conventions and the copyright laws of other countries. The content contained on the site is for your private and non-commercial use only. The user agrees to submit to the terms of use that the site owner will include, along with the material and content that will be displayed on the site. The user may retrieve and prepare a single archival copy of the content appearing on the site for your private and non-commercial use only.
16.3. All copyrights on the site, including its design, content, application, computer code and any other material contained therein, are the sole property of the site owner and / or the content providers of the site owner and / or the business partners of the site owner and / or the artists’ representative organizations and / or the promoters, with whom the site owner entered into a license agreement.
16.4. No portion of the protected material may be copied, distributed, publicly displayed, translated or given to a third party without the express prior written consent of the site owner.
16.5. Notwithstanding the foregoing, the intellectual property rights in the content submitted by the user of the site for publication on the site remain in his possession (subject to the terms of the license stated in section 11 – content license on the site – to this agreement). However, the user must refrain from providing the site owner with content that he does not own the intellectual property rights or that he does not have a license from the original author to use. By submitting any content for publication on the site, the user confirms that he has the intellectual property rights or that he is authorized to allow his publication on the site.

 

  1. Advertising
17.1. The responsibility for the content of the ads published on the site, including the information and rights, rests solely with the advertisers. The site owner has no responsibility regarding the content of the publications on the site or their reliability. It should be emphasized that the publication of the commercial information per se does not constitute any encouragement or recommendation for the purchase of a registration package for the studio and / or for the purchase of services or other products offered for sale on the website. The site owner does not check the content, veracity and viability of the ads published on the site.

 

  1. Discontinuation of use
18.1. The owner of the site will be entitled, at his discretion, to immediately, unilaterally and without giving any prior notice, discontinue the services under this agreement, without any action being taken against him.
18.2. The owner of the site will be entitled, at his discretion, to terminate the activity of any user of the site, if he does not meet one of the conditions in this agreement.
18.3. The owner of the site will be entitled, at his discretion, to block a user from entering the site, block an IP address from entering the site, remove a user from forums on the site, prevent a user from posting talkbacks on the site and prevent a user from using any service provided within the site.

 

  1. contact
19.1. The owner of the site adheres to the provisions of the law and respects the right of users of the site and third parties to privacy and good name. If you believe that content that offends you or a third party has been posted on the site for any reason, please contact the site owner as soon as possible and every effort will be made to address your request as soon as possible.
19.2. Inquiries on any subject can be forwarded to one of the following addresses:
19.2.1. Jonathan Cole, Geva 9, Givatayim, 53315; Phone – 052-3500343
19.2.2. E-mail address yehonatan@tavim.com

 

  1. Jurisdiction
20.1. This agreement will be subject to the laws of the State of Israel. The exclusive jurisdiction to adjudicate any dispute arising out of this Agreement shall be vested in the Tel Aviv Court.
20.2. The provisions of the Contracts (Remedies for Breach of Contract) Law, 1970, shall apply to this contract, without derogating from the generality or from the remedies provided under the provisions of any law.