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Terms of Use
1. Acceptance
By using and/or visiting this website, including all content and functionality available through the Good Enough for Wembley.com domain name (the "Good Enough for Wembley Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the Good Enough for Wembley Website.
2. Good Enough for Wembley Website
A. These Terms of Service apply to all users of the Good Enough for Wembley Website, including users who are also contributors of video\audio content, information, and other materials or services on the Website.
B. Once registration is made on the Website, you may submit and upload Audio content in order to promote your music. Your uploaded material will hereby be referred to as "User Material ".
C. The Good Enough for Wembley Website may contain links to third party websites that are not owned or controlled by Good Enough for Wembley. Good Enough for Wembley has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Good Enough for Wembley will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Good Enough for Wembley from any and all liability arising from your use of any third-party website.
3. Accounts
A. In order to access some features of the Website, you will have to create a Good Enough for Wembley account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Good Enough for Wembley immediately of any breach of security or unauthorized use of your account.
B. Although Good Enough for Wembley will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Good Enough for Wembley or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Good Enough for Wembley hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Material (defined below), without Good Enough for Wembley's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Good Enough for Wembley's Widget or any of its related technologies.
C. You agree not to access User Material (defined below) or Good Enough for Wembley Content through any technology or means other than the Audio playback pages of the Website itself AND the Good Enough for Wembley Widget, or other explicitly authorized means Good Enough for Wembley may designate.
D. You agree not to use the Website, including the Good Enough for Wembley Widget for any commercial use, without the prior written authorization of Good Enough for Wembley.
commercial uses do not include:
- uploading an original Audio to Good Enough for Wembley to promote your artistic enterprise;
- using the Widget to show Good Enough for Wembley songs on an widget-enabled blog or website, provided the primary purpose of using the Widget is to compete with Good Enough for Wembley;
- any use that Good Enough for Wembley expressly authorizes in writing.
E. By using the Widget, you agree that it may automatically be updated from time to time. These updates are designed to improve, enhance and further develop the Widget and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to such updates (and permit Good Enough for Wembley to DO SO).
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Good Enough for Wembley Website.
A. The content on the Good Enough for Wembley Website, except all User Material (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Good Enough for Wembley, subject to copyjustify and other intellectual property justifys under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Good Enough for Wembley reserves all justifys not expressly granted in and to the Website and the Content.
B. You may access User Material solely:
- for your information and personal use;
- as intended through the normal functionality of the Good Enough for Wembley Service; and
- for Streaming/progressive file transfer.
C. You may access Good Enough for Wembley Content, User Material and other content only as permitted under this Agreement. Good Enough for Wembley reserves all justifys not expressly granted in and to the Good Enough for Wembley Content and the Good Enough for Wembley Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Material of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Good Enough for Wembley Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Good Enough for Wembley Website or the Content therein.
F. You understand that when using the Good Enough for Wembley Website, you will be exposed to User Material from a variety of sources, and that Good Enough for Wembley is not responsible for the accuracy, usefulness, safety, or intellectual property justifys of or relating to such User Material. You further understand and acknowledge that you may be exposed to User Material that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable justifys or remedies you have or may have against Good Enough for Wembley with respect thereto, and agree to indemnify and hold Good Enough for Wembley, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Material and Conduct
A. As a Good Enough for Wembley account holder you may submit AUDIO content ("User Audio") and textual content ("User Comments"). User Audio and User Comments are collectively referred to as "User Material."
B. You shall be solely responsible for your own User Material and the consequences of posting or publishing them. In connection with User Material, you affirm, represent, and/or warrant that: you own or have the necessary licenses, justifys, consents, and permissions to use and authorize Good Enough for Wembley to use all patent, trademark, trade secret, copyjustify or other proprietary justifys in and to any and all User Material to enable inclusion and use of the User Material in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership justifys in your User Material. However, by submitting User Material to Good Enough for Wembley, you hereby grant Good Enough for Wembley a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Material in connection with the Good Enough for Wembley Website and Good Enough for Wembley's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Good Enough for Wembley Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Good Enough for Wembley Website a non-exclusive license to access your User Material through the Website, and to use, reproduce, distribute, display and perform such User Material as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos\Audio terminate within a commercially reasonable time after you remove or delete your User Videos\Audio from the Good Enough for Wembley Service. You understand and agree, however, that Good Enough for Wembley may retain, but not display, distribute, or perform, server copies of User Material that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Material, you further agree that you will not submit material that is copyjustifyed, protected by trade secret or otherwise subject to third party proprietary justifys, including privacy and publicity justifys, unless you are the owner of such justifys or have permission from their justifyful owner to post the material and to grant Good Enough for Wembley all of the license justifys granted herein.
E. Good Enough for Wembley does not endorse any User Material or any opinion, recommendation, or advice expressed therein, and Good Enough for Wembley expressly disclaims any and all liability in connection with User Material. Good Enough for Wembley does not permit copyjustify infringing activities and infringement of intellectual property justifys on its Website, and Good Enough for Wembley will remove all Content and User Material if properly notified that such Content or User Material infringes on another's intellectual property justifys. Good Enough for Wembley reserves the justify to remove Content and User Material without prior notice.
7. Termination Policy
A. Good Enough for Wembley will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. Good Enough for Wembley reserves the justify to decide whether Content or a User Material is appropriate and complies with these Terms of Service for violations other than copyjustify infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Good Enough for Wembley may remove such User Material and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GOOD ENOUGH FOR WEMBLEY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOD ENOUGH FOR WEMBLEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GOOD ENOUGH FOR WEMBLEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOOD ENOUGH FOR WEMBLEY WEBSITE. GOOD ENOUGH FOR WEMBLEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GOOD ENOUGH FOR WEMBLEY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOOD ENOUGH FOR WEMBLEY 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL GOOD ENOUGH FOR WEMBLEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOOD ENOUGH FOR WEMBLEY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GOOD ENOUGH FOR WEMBLEY SHALL NOT BE LIABLE FOR USER MATERIAL OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. Indemnity
You agree to defend, indemnify and hold harmless Good Enough for Wembley, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Good Enough for Wembley Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party justify, including without limitation any copyjustify, property, or privacy justify; or (iv) any claim that one of your User Material caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Good Enough for Wembley Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Good Enough for Wembley Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Good Enough for Wembley Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
12. Assignment
These Terms of Service, and any justifys and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Good Enough for Wembley without restriction.
13. General
These Terms of Service shall be governed by the internal substantive laws of the State Israel. Any claim or dispute between you and Good Enough for Wembley that arises in whole or in part from the Good Enough for Wembley Website shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv. These Terms of Service and any other legal notices published by Good Enough for Wembley on the Website, shall constitute the entire agreement between you and Good Enough for Wembley concerning the Good Enough for Wembley Website. If any provision of these Terms of Service 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 of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Good Enough for Wembley's failure to assert any justify or provision under these Terms of Service shall not constitute a waiver of such justify or provision. Good Enough for Wembley reserves the justify to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Good Enough for Wembley Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GOOD ENOUGH FOR WEMBLEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GOOD ENOUGH FOR WEMBLEY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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