TERMS OF USE To review the old version click here
Welcome to eganu.com Website. This Website is a multi platform social network designed to connect people around the world to Israel through the common language of culture, and to serve as a platform for artists to promote their work on a global level.
By using and/or visiting this Website (together with all Content and services available through the eganu.com and eganu.co.il domains and other sites and sub-domains owned, operated, licensed or controlled by Eganu Atarim Ltd. (“Eganu”), including any new features, enhancements or updates thereto, the “Website” or “Site”) you signify your agreement to the terms of use stated below (“Terms” or “Terms of Use"). In addition, please be advised that particular services offered on or available via the Website (such as, but not limited to, eganu music) may be subject to additional rules, policies and/or terms applicable to such services, as may be posted on the Website from time to time. All such rules, policies and terms are hereby incorporated by reference into these Terms of Use.
Please note that the Terms of Use set forth herein apply to all users of the Website (and accordingly apply to you whether as a mere visitor to the Website or as a registered member of Eganu!).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. In case you do not agree to any of these Terms, then please leave this Website and discontinue any use thereof. We reserve the right to modify or revise these Terms of Use from time to time at our sole discretion and without notice to you.
WHO WE ARE The eganu.com Website is a multi platform social network designed to connect people around the world to Israel through the common language of culture, and to serve as a platform for artists to promote their work on a global level.
WEBSITE ACCESS AND USAGE Eganu hereby grants you permission to access and use this Website, as set forth in these Terms of Use, on the condition that (a) your use of the Website will at all times be solely for your personal non-commercial use, (b) you will not copy, distribute (in any medium), alter or modify any part of the Website without the specific prior written authorization of Eganu, (c) you will not use this Website for any unlawful activities, or for the transmission or publication of any Content containing viruses or other malicious or harmful computer codes, files or programs (d) you will not disrupt the servers or networks associated with the operation of the Website or connected to the Website, and (e) you shall fully comply, at all times, with these Terms of Use, including, but not limited to, with respect to any and all such restrictions, conditions, representations and warranties regarding your use of the Website as set forth herein.
In order to access some features of the Website or to use certain services available on the Website, you will have to create an account and register as a member. When creating your account, you are required to provide complete, current, accurate and true information about yourself and you agree to maintain and update your registration data to keep it that way. You may never use another’s account without obtaining prior permission from the relevant party. You are solely responsible for the use and activity that occurs in relation to your account and we urge you to keep your account password confidential and secured (remember it is your responsibility not Eganu’s). Eganu has the right to immediately cancel, without notice and with or without cause, your access to your account and/or the Website, at Eganu’s sole discretion. You agree to notify Eganu immediately, at Contact Us, of any security breach or unauthorized use of your account. Eganu will not be liable for any loss or damage associated with your use of the account or with any unauthorized use of your account.
By using the Website and/or any of the services made available in connection with the Website (including your mere browsing through the Website) you hereby represent that you are of legal age to accept these Terms of Use and to form a binding contract under the laws of the State of Israel and any other applicable laws (as further detailed below). In addition, you hereby warrant that you will not use this Website in any way that could violate and/or misappropriate any proprietary rights of third parties, including privacy rights, publicity rights and trade secrets.
Please note that Eganu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, features components, or other aspects of the Website (or any part thereof) or to remove or modify, temporarily or permanently any Content or service with or without notice.
In these Terms of Use the term “Content” means any and all information, data, text, software, scripts, audio (music and sound), video, flash and macromedia movies, photographs, pictures, displays, images, illustrations, designs, icons (and any other form of graphics), messages, tags and any other materials and content of any kind.
LINKS Any reference made by the Website to other websites or web resources of third parties or to any specific commercial product, process, or service (or provider of such product, process or service) of third parties (“Third Party Resource(s)”) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Eganu. Whereas Eganu has no control over Third Party Resources and will not and cannot edit or censor the same, Eganu assumes no responsibility with respect to the availability of any Third Party Resource, and further, assumes no responsibility or liability whatsoever with respect to any Content, advertisement, policies, practices, products, services or other materials posted on or made available through such Third Party Resources. By using this Website you hereby release Eganu from any and all liability associated with or arising from your use of any Third Party Resource. Please also be aware that considering the nature of this Website, as an online social network platform, Content on this Site (as further detailed below) may be provided by third parties, including but not limited to Eganu’s members, subscribers, licensors and users. Any opinions, advice, statements, services, offers, materials or other information expressed or made available by such third parties, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Eganu.
LINKING TO THE SITE Unless you have a written agreement in effect with Eganu which states otherwise, you may only provide a hypertext link to the site on another Website, provided that (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Eganu's name and trademarks, (b) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by Eganu, (c) the link, when activated by a user, must display the site full-screen and not within a "frame" on the linking Website, and (d) Eganu reserves the right to revoke its consent to the link at any time at its sole discretion.
PRIVACY POLICY It is our policy to respect the privacy of all users. Your use of the Website as well as your registration data and certain other information about you is subject to the terms and conditions of ourPrivacy Policy, which is incorporated into these Terms of Use by this reference. Please note that users shall remain solely responsible for the Content of their communications using this Website and nothing contained in our Privacy Policy shall be deemed or construed to state otherwise.
USER GENERATED CONTENT AND YOUR CONDUCT A. This Website facilitates the submission and transmittal of certain Content by you and other users (“User Generated Content” or “UGC”) and the hosting and publication of such UGC on the Website. Regardless of whether any submitted User Generated Content is published or not, Eganu cannot, and does not, guarantee any confidentiality with respect to any such UGC. If you choose to submit any Content to the Website (regardless of the interactive feature, function or area of the Website you use, such as but not limited to, forums, chats, blogs, eganu music, messaging functions or other forms of electronic communications through the Site) you agree to do so solely for lawful purposes and according to these Terms of Use.
B. You understand that any and all Content, whether privately transmitted or posted on the Website is within the sole responsibility of the person (including any legal entity) from whom such Content originated. Accordingly, by choosing to submit any Content (including, but not limited to, by way of uploading, posting, transmitting, electronically exchanging or otherwise making available on or through the Website) you agree to be solely responsible for (1) your own UGC submissions and the consequences of posting or publishing any such UGC, and (2) your communications via any interactive feature, function or area of the Site. You represent and warrant that: (i) you own, or have the necessary rights and permissions to use and authorize Eganu to use (royalty-free), all rights (including, copyright, trademark and any other proprietary rights) in and to any Content you submit to enable inclusion and use thereof as contemplated by the Website and these Terms of Use, and (ii) you have the written approval and authorization of each and every identifiable individual person in your UGC to use their name or likeness as contemplated by the Website and these Terms of Use.
C. You expressly agree that you will not submit (including, but not limited to, by way of uploading, posting, transmitting, electronically exchanging or otherwise making available on or through the Website) or otherwise make available in connection with the Website any Content that: (1) is defamatory, libelous, abusive, harmful, vulgar, hateful, racially or ethnically offensive, or obscene, including, without limitation, Content which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state or international law; (2) infringes on the copyright, trade secrets or any other proprietary right of a third-party, or that would subject Eganu to payment of royalties of any kind; (3) would invade the privacy of any other person; (4) constitute charity solicitations, chain letters or pyramid schemes; (5) contains a virus, worm, trojan horse, time bomb, or any other harmful and/or malicious program or component; or (6) does not generally pertain to the designated topic or theme of the Website. For clarity, it is expressed herein that you must not submit by any means (as referred to above) any Content with respect to which you do not have a legal right to make available, including any Content which is copyrighted, protected by trade secrets or otherwise subject to third party proprietary rights (including privacy and publicity rights), unless you are the rightful legal owner of such rights or have the specific consent and authorization from their rightful legal owner to submit such Content and to grant Eganu all such license rights granted under these Terms of Use with respect to User Generated Content.
You expressly agree further that you will not: (i) after receiving warning, continue to post any Content which we have advised you not to post; (ii) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity or the affiliation of the sender or the origin of the message; (iii) post, generate or disseminate so-called "spam" or mass-mailings; (iv) harvest or otherwise collect information about others, including email addresses, without their consent; (v) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or any of Eganu services (or violate the regulations, policies or procedures of such networks); (vi) attempt to gain unauthorized access to restricted areas of the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means; or (vii) interfere with another of our user’s use and enjoyment of the Site or otherwise harass another. In any event, you shall not, without our express approval, distribute or otherwise publish any Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other users of this Site to join or become members of any commercial online or offline service or other organization is expressly prohibited.
D. Eganu does not claim ownership of any User Generated Content submitted or otherwise made available for inclusion on the Website, and you retain all ownership rights you have, or may have, in and to your User Generated Content; However, by submitting Content of any kind (including, but not limited to, by way of uploading, posting, transmitting, electronically exchanging or otherwise making available on or through the Website), you automatically grant (or warrant that the legal owner of such rights has expressly granted) us a worldwide, non-exclusive, royalty-free, irrevocable right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, translate, transmit, publicly display and publicly perform, grant access to, create derivative works from and distribute such Content or incorporate such Content into any form, medium, or technology now known or later developed throughout the universe. You also grant hereby, similar non-exclusive license rights to each user of the Website or viewer of your UGC, to access your UGC through the Website and to use, reproduce, display and perform your UGC for their non-commercial personal use, as may be permitted via the functionality of the Website and under these Terms of Use. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
E. You acknowledge that while using (even if for sole purpose of browsing) the Website you will be exposed to User Generated Content from a vast variety of sources. Eganu does not control User Generated Content posted on the Website and further does not necessarily screen or monitor, and is not responsible for screening or monitoring, User Generated Content submitted by you or by any other user. Accordingly, we do not represent, warrant or guarantee the truthfulness, accuracy, integrity, quality or reliability of any User Generated Content posted or made available on or via the Website. We also do not endorse any opinions expressed in the Website. You acknowledge that any reliance on Content posted on the Website is, and at all times shall be, at your own risk.
You acknowledge further that Eganu reserves the right to accept or reject (and to remove or transfer from any part of the Website to another part of the Website) any User Generated Content, and may or may not screen or monitor any Content, at its sole and complete discretion (for instance, Eganu reserves the right to remove any Content that fails to conform to these Terms of Use or which is otherwise disruptive or objectionable). Eganu will not be liable in any way and under any circumstance, for any Content, including but not limited to any faults in relation to any Content, or any damages, losses or claims, of any kind or nature, associated with or related to the use of any Content uploaded, posted, transmitted, electronically exchanged or otherwise made available on or through the Website, and you hereby waive any legal or equitable right or remedy you may have under any applicable law against Eganu in connection therewith and do hereby agree to indemnify and hold Eganu, its affiliates and their directors, officers, employees, licensors and agents harmless from (to the fullest extent permitted by law) regarding all matters associated with or related to your use of the Website.
PROPRIETARY RIGHTS
The Content on this Website (including any trademarks or service marks contained therein and the software used in connection with the operation of the Website) is proprietary to Eganu or its third party licensors (which basically means it is owned by or licensed to Eganu), and is protected by copyright and other intellectual property laws and international conventions. The arrangement, compilation, presentation and the overall design of the Website are the exclusive property of Eganu and are protected by copyright and other intellectual property laws and international conventions. Content related to this Website is provided to you “As-Is, with all faults” for your personal non-commercial non-exclusive use solely, and you may not make use of, copy, distribute, broadcast, display, perform, transmit, license, sell, de-compile or otherwise exploit such Content for any other purpose without obtaining Eganu’s prior specific written approval. You expressly agree not to circumvent, disable or otherwise interfere with security-related features or functions of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. You also must not modify, de-compile, reverse engineer, reverse assemble or interfere with the operation and functionality of Eganu’s software.
COPYRIGHT INFRINGEMENT Eganu respects intellectual property rights of others and kindly asks that you do the same. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website. Generally, if notified by one of our users (according to the guidelines prescribed below) of any Content that infringes on another's intellectual property rights, we will remove such Content. We reserve the right to remove Content without prior notice. We may also terminate a user's access to the Website, if determined that such a user is a repeating infringer. Please be advised that we may remove such Content and/or terminate a user's access for posting Content in violation of these Terms of Use at any time, without prior notice and at our sole discretion.
Should you believe that your Content has been copied or used in a way that constitutes copyright infringement, please provide us the following information:
(a) A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(b) Your address, telephone number, and email address;
(c) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) A statement by you, made under penalty of perjury, that the information given in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf (please also provide an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright);
Please send any notice of claims of copyright infringement to us.
DISCLAIMER THE CONTENT AND SERVICES IN CONNECTION WITH THIS WEBSITE ARE PROVIDED TO YOU "AS IS, WITH ALL FAULTS" ON AN “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AND SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EGANU, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IT IS EMPHASIZED THAT EGANU MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY AND/OR COMPLETENESS OF ANY CONTENT ON THIS WEBSITE OR THE CONTENT OF OTHER THIRD PARTY RESOURCES LINKED TO THIS SITE, AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY (A) ERRORS, MISTAKES, INACCURACIES OR OMMISIONS WITH RESPECT TO ANY CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) ARISING OUT OF OR RESULTING FROM YOUR USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. EGANU ASSUMES NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE (OF ANY KIND AND NATURE) INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE OR AS A RESULT OF DELAYS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. IT IS NOTED AGAIN THAT EGANU DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND EGANU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EGANU, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT RESULT FROM OR IN CONNECTION WITH (A) THE USE OF OR THE INABILITY TO USE THIS SITE OR YOUR USE OF ANY CONTENT ON OR VIA THIS WEBSITE, INCLUDING ANY PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THE WEBSITE, (B) RELIANCE ON THE CONTENT ON THE SITE, INCLUDING ANY ERRORS MISTAKES OR INACCURACIES OF CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EGANU IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSABLE BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT EGANU SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
INDEMNIFICATION You agree to defend, indemnify and hold Eganu, its affiliates and their respective directors, officers, employees and agents, harmless from and against any losses, expenses, costs, claims, liabilities, obligations and damages (including reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or related to (i) your breach of the terms of these Terms of Use, (ii) your use of the Website, (iii) your violation of any third party right, including but not limited to any copyright, proprietary, publicity or privacy right, or (iv) any claim that a submission by you of any UGC caused damage to a third party. This defense and indemnification provision will survive these Terms of Use and your use of the Website.
FURTHER CHANGES TO SITE Eganu may from time to time change the Website's layout or display, as well as the scope and availability of the services provided therein and any aspect of them, without giving you any prior notification. Such changes as may take place will take into account, inter alia, the dynamic nature of the internet and the technological and other changes it is undergoing. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall have no claim of any kind whatsoever, or complain or demand, against Eganu and/or its affiliates, officers or employees, resulting from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. Eganu, in addition, reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, features or components of the Site (or any part thereof) or to remove or modify, temporarily or permanently any service with or without notice to you. You agree that Eganu shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and any service in connection therewith.
LEGAL CAPACITY In order to be eligible to use this Website you must be of a legal age under the laws of the State of Israel and any other applicable jurisdictions to accept these Terms of Use. By using this Website you hereby represent and affirm that you are either more than 18 years of age or posses legal parental or guardian consent to enter into these Terms of Use and to comply with the same. In any case as this Website is not intended for the use of children, if you are under the age of 13 you are not eligible to use this Site, and we kindly ask you not to submit us any kind of personal information (there are of course lots of other great websites you may use and enjoy).
GENERALThese Terms of Use together with the Privacy Policy and any such other legal notices and guidelines posted on the Website are accepted upon your use of the Website or any of the services featured therein (and are further affirmed by you becoming a member) and they shall constitute the entire agreement between you and Eganu concerning the Website. These Terms shall be governed in all aspects by and interpreted exclusively in accordance with the laws of the State of Israel, without reference to its conflict of laws principles. You agree that all dispute and differences shall be determined in a court of competent jurisdiction of the Tel-Aviv Jaffa District and you hereby consent and submit to exclusive venue and personal jurisdiction therein. The failure of Eganu or any of its officers or employees to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Eganu without restriction. You agree that regardless of any law providing to the contrary, any claim or cause of action arising out of or related to the Website and/or eganu services must validly commence up to one (1) year after the cause of action arose, otherwise it will be permanently barred. Section titles in these Terms are for convenience only and shall not affect the iterpretation or construction of these Terms.
PLEASE NOTE - EGANU RESERVES THE RIGHT TO AMEND THESE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE, SO PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR REVISIONS. YOUR CONTINUED USE OF THIS WEBSITE FOLLOWING THE POSTING OF REVISIONS TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE REVISIONS.
