Terms of Use – Full document 

1. General 

1.1.These Terms of Use is a legal agreement between you (the “User” or “Client”) and “Play Tin Whistle with Raviv Stein” (the “Company”), regarding the use of this Course and any Platform related (the “Platform” or “Course”), which includes online or electronic documentation and associated media. These terms also apply to any updates, supplements, web content or Internet based services. 

1.2.BY USING OR ACCESSING THE COURSE, YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE AND/OR ACCESS THE PLATFORM. 

1.3.The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for any changes. Your continued enrollment in the Course following the posting of changes will mean that you accept and agree to the changes. 

1.4.Any activity made on the Platform and any legal grounds arising from the use of the Course, including the validity and interpretation of these Terms of Use, will be governed only by Israeli law regarding both content and local authority. 

2. Terms of Use of the Course 

2.1.All prices listed on the Platform of the products are denominated in USD. The Company may update the product prices from time to time and the shipping rates without any prior notice. Please note that the valid price for every product isthe price published when completing the order process. 

2.2.The Company endeavors you to be updated with the prices of the products and shipping fees which appear on the site in real time. However, it is clarified that a temporary gap may arise between the price when collecting the product (which appears in the shopping cart) and the price which appears when completing an ordering process. For the avoidance of doubt, it is hereby clarified that the Company shall not bear any responsibility arising from and/or related to such price disparities. 

2.3.The Company does not undertake to keep stock of all models and/or products whose pictures appear on the site, and that the images on the Platform are for illustrative purposes only. It should be emphasized that there may be differences in color and/or dimensions and/or other changes between the appearance of the products on the Platform and the products in reality.

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2.4.The Company reserves the right to offer promotions, benefits and discounts at its sole discretion. In addition, the Company may at any time discontinue, exchange and/or change these promotions, benefits and discounts, without any prior notice. 

3. Your Use of the Course 

3.1.The course offered by the Company is administered through Facebook and requires a Facebook profile in order to participate. This is mandatory for user’s and is the only method by which a user will be able to access the course. 

3.2.Additionally, upon receiving the Course code with Tin Whistle, you must follow the directions to enter the code and indicate a desire to join the Group. This is required to be a verified member of the Group and be enrolled in the Course. 

3.3.It is prohibited from sharing, reusing, reselling, and trading the Course code with any other party or individual at any time and for any reason. The Course code is intended only for personal use by one client who purchased the Tin Whistle and Course. The Course code should be kept in a private place at the discretion of the user. 

3.4.Attempting to reuse the code or manipulate it in any way that could cause loss of revenue for the Company will result in expulsion from the Group, possible legal proceedings and any form of recourse to regain compensation for damages caused at the sole discretion of the Company. 

3.5.You may not attempt to gain unauthorized access to any portion or feature of the Course, or any other systems or networks connected to the Platform or to any Company server, or to any of the services offered on or through the Course, by hacking, password “mining” or any other illegitimate means. 

3.6.You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Course or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. The Company reserves the right to bar any such activity in whichever way the Company deems reasonable. 

3.7.You may not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Course. 

3.8.You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of Company, including any Company account not owned by you, to its source, or exploit the course or any service or information made available or offered by or through the course, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

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3.9.You may not use the Platform or any content thereof for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others. 

3.10.You may use the Course for your personal use only. It is strictly prohibited to use the Course for any purpose other than personal and non-commercial use. In addition, it is strictly prohibited to use any content, text, names or any other material appearing on the Platform except for the purpose hereof. 

3.11.You should conduct yourself in a civil manner within the group, do not post promotional material or external teaching materials without Company’s permission. Posting political content in the Group is not allowed, posting any content that may harm any person, entity or business, is not allowed. Please make sure to keep the group an appropriate place that deals only with music. Members who violate these Terms of Use will be removed from the Group without receiving or being entitled to receive any compensation or refund at the Company’s discretion. 

3.12.For the avoidance of doubt, users under 18 years of age are required to notify their parents of these Terms of Use and obtain consent to use the Platform. Any entry and/or use and/or activity of a minor on the Platform indicates the consent of the minor’s parents to these Terms of Use. 

4. User Content 

4.1.The Platform may permit the submission, hosting, sharing and publishing of content by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. The Company has complete discretion whether to publish your User Submissions and reserves the right in their sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all content posted on the Platform (including User Submissions) at any time and for any reason. 

4.2.You represent and warrant that you own or have the necessary rights and permissions to use and upload content onto the Platform. No content uploaded will infringe the Intellectual Property Rights of any Third Party. 

4.3. Unless the User Submissions are separately referred to, all references herein to content shall include references to User Submissions. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.

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5. Prohibited Content 

5.1.You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vi) involves theft or terrorism; or (vii) is otherwise malicious or fraudulent. 

6. Third Party Sources 

6.1.This Platform enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by the Company. The Platform may also enable you to communicate and interact with Third Party Sources. For the purpose hereof, “Third Party Source(s)” means: (i) third party websites and services; and (ii) our partners and customers. 

6.2.We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. 

6.3.We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Source. 

6.4.We do not endorse any advertising, promotions, campaigns, products, services or other materials that is included in any Third Party Source or that is communicated to you from a Third Party Source. 

6.5.By using the Platform you may be exposed to Third Party Source that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Source. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Source is at your sole discretion and risk. 

6.6.You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against the Company, and release the Company from any and all liability, arising from your use of and interaction on any Third Party Source and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source, you agree to contact the Third Party Source directly.

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7. Order Placement 

7.1.To ensure order fulfillment as soon as possible, users must supply all required information on the Platform, including name, address, email address, telephone number and credit card. 

7.2.Any information that is incorrectly inputted is the sole responsibility of the client and not assumed by the Company in any form, including but not limited to the repercussions of this, such as a delayed or lost package. 

7.3.In case the transaction is not approved by the credit companies, the purchase will not be completed, and the user will receive an appropriate notification. For the avoidance of doubt, transaction will only be completed after the credit company has approved the wire. 

7.4.Please note that approval of the purchase is subject to the product’s availability at the Company’s inventory and there may be situations where a specific item is missing. In this case, Company will cancel the purchase and return the payment to the user (if paid). 

8. Cancellations and Returns 

8.1.Cancellation shall be subject to the Israeli Consumer Protection Law, 5741–1981 (hereinafter: the “Law”). Accordingly, a replacement will be given solely if the package arrives with significant manufacturing damage such as a fracture or a dent that was not caused by the client in any way. No credit will be given for unpaid items such as promotional offers and vouchers. It is clarified that no returns will be permitted for any reason. 

8.2.In the event that the package has been ordered but not shipped out for delivery yet, the order may be canceled. However, if the client wishes to cancel the package after it has already been shipped out, there will be no return nor refund permitted. 

8.3.The Company reserves the sole right to cancel the client’s membership in the Group at any time and for any reason. This right will be exercised at the Company’s sole discretion. 

8.4.For all intents and purposes, receiving the Tin Whistle is deemed the same as being exposed to the Course content. For the avoidance of doubt, the Tin Whistle and the Course are a single product. 

9. Shipping and delivery times 

9.1.The Company will work to deliver the products in accordance with the terms of delivery stated on the sales page. Product delivery times will include only the business days calculation (Monday through Friday, excluding Holidays). 

9.2.Delays in delivery due to any issue within the client’s control such as unavailability by phone, incorrect address or contact details are the client’s responsibility and not the fault of the Company in any way.

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9.3.The Company will not be responsible for the late delivery of the products in the following cases: (a) Force majeure including war, plague, hostilities, emergency and natural damage; (b) Strike at suppliers of services or goods needed to manufacture supplies and/or transport the products; (c) Any reason beyond the control of the Company. 

10. Limitation of Liability 

10.1.Except where prohibited by law, in no event will Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages. 

10.2.The Company is not obligated to replace destroyed or damaged merchandise that occurred while in the possession of the user. This is the responsibility of the client after the content has been received. Additionally, the Company is not liable for any dysfunction on the Platform and, while doing what he can to rectify the issue, disclaims all liability for any client’s loss of content or inability to access the Course. 

10.3.The Company assumes no responsibility for any content uploaded by users which are subject to any copyright infringement. In the case that the Company is notified of copyrighted material uploaded to the Platform or comes to gain knowledge of this through the Company’s own methods, it will promptly be deleted and removed from the Platform. The Company disclaims all liability and responsibility in relation to this. 

10.4.To the fullest extent permitted by applicable law, in no event will Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Company has been advised as to the possibility of such damages or could have foreseen such damages. 

10.5.You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Company by any Third Party due to or arising out of or in connection with your use of the Platform. 

11. Intellectual Property 

11.1.All intellectual property rights including and without limitation, copyrights, patents, trademarks and marks of any kind, trade names, design rights, moral rights, information rights, archives and broadcasts, advertising and marketing rights, designs, know-how, trade secrets (hereinafter: “Intellectual Property Rights“), arising from and/or relating to the Course and/or the content, including without limitation any text, material and images on the Platform, are the sole property of the Company, or a Third Party authorized by the Company.

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11.2.These Terms of Use do not transfer to you any Intellectual Property owned by Company or Third Parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Company. All trademarks, product marks, graphics and logos used in connection with the course and/or products or services, are trademarks or registered trademarks of Company. 

11.3.You may not download any video lessons or materials provided by the Company onto your computer or any other device in relation to the course, unless otherwise explicitly permitted by the Company. This action is a violation of the Intellectual Property of the Company and infringes the rights of the Company. 

12. Disclaimers 

12.1.The company does not promise that the Platform or any content, service or feature of the Course will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Platform will provide specific results. The Course and its content are delivered on an “As-Is” and “As-Available” basis. 

12.2.All information provided on the Platform is subject to change without notice. Company cannot ensure that any files or other data you download from the Platform will be free of viruses or contamination or destructive features. 

13. Term and Termination 

These Terms of Use are in effect for the length of the user’s enrollment in the Company’s Course and both the Company and user have the right to terminate these Terms and access to the Course. The Company, in its sole discretion, has the right to terminate these Terms and/or your access to the Course, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). 

14. Governing Law 

These Terms of Use shall be solely governed by the Laws of the State of Israel, and any dispute arising from, or in relation with these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of Tel-Aviv, and each of the parties hereby irrevocably submits to this sole jurisdiction. 

15. Language 

The parties hereto confirm their express wish that these Terms of Use, as well as all other documents related hereto, including notices, be drawn up in the English language only and declare themselves satisfied therewith. 

Should you have any questions concerning these Terms of Use or any of our policies, please contact us at [email protected].
By checking the box or \ and purchasing , you hereby agree to the Terms of Use.

Terms Of Use written by Aviv Lazar & Co Legal services.