Welcome to Acoustiguide Group (“Acoustiguide”; includes hereinafter all companies as indicated under Worldwide Offices, see list here) Website. This website, together with all Content (as defined below) and services, available through this website, including without limitation, the audio & multimedia tours downloadable at the website, or samples thereof (“Audio & Multimedia Tour”), and any new features, enhancements or updates thereto, is defined referred to hereinafter as the “Website”.
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, trademarks, logos, images, illustrations, designs, icons (and any other form of graphics), messages, tags and any other materials and content of any kind in any and each language it may appear, including without limitation, the Audio & Multimedia Tours.
BY CLICKING “I AGREE” ON THE BUTTON BELOW, AND/OR BY USING AND/OR ACCESSING CONTENT IN THIS WEBSITE OR DOWNLOADING AUDIO & MULTIMEDIA TOURS, YOU ARE AGREEING TO THE TERMS OF USE STATED BELOW, AS SUCH TERMS MAY BE AMENDED FROM TIME TO TIME AT ACOUSTIGUIDE’S SOLE DISCRETION (“TERMS” OR “TERMS OF USE”), AND TO ACOUSTIGUIDE’S PRIVACY POLICY (“PRIVACY POLICY”).
IN CASE YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE LEAVE THIS WEBSITE AND DISCONTINUE ANY USE THEREOF.
IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE WEBSITE, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US, AND NOT TO USE OUR WEBSITE AND/OR SERVICES. BY CLICKING “I AGREE” ON THE BUTTON BELOW, AND/OR BY USING AND/OR ACCESSING CONTENT IN THIS WEBSITE OR DOWNLOADING AUDIO & MULTIMEDIA TOURS, YOU DECLARE YOU ARE OVER THE AGE OF 13.
THE WEBSITE
This website offers you a host of audio and multimedia tours created and produced by Acoustiguide, that you can download either onto your own MP3 player, mobile phone or computer, for free or against consideration. Please note that the audio & multimedia tours on this website are all owned by Acoustigudie and/or by its third party licensors.
WEBSITE ACCESS AND USAGE
Acoustiguide 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, sell, demonstrate, distribute (in any medium), alter or modify any part of the Website without the specific prior written authorization of Acoustiguide (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.
By using the Website and/or any of the services made available in connection with the Website (including your mere browsing through the Website, or the download of the Audio & Multimedia Tours) 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 Acoustiguide 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 addition, Acoustiguide, at its sole discretion, has the right to terminate your access to the Website, immediately and with or without cause.
PROPRIETARY RIGHTS
The Content on this Website is proprietary to Acoustiguide or its third party licensors (which basically means it is owned by or licensed to Acoustiguide), and is protected by copyright and other intellectual property laws and international conventions. The arrangement, compilation, presentation and the overall design of the Website, including the Content and Audio & Multimedia Tours, are the exclusive property of Acoustiguide 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 Acoustiguide’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 Website.
Except as expressly authorized by Acoustiguide, you may not copy or create derivative works based on the Website, including its Content, in whole or in part. Acoustiguide hereby grants you a personal, non-transferable, non-sub licensable and non-exclusive right to use the Website provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, sell, assign, sublicense or transfer any right in the Content or software.
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) which are 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 Acoustiguide. Whereas Acoustiguide has no control over Third Party Resources and will not and cannot edit or censor the same, Acoustiguide 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 Acoustiguide from any and all liability associated with or arising from your use of any Third Party Resource. [is this applicable?] Please also be aware that considering the nature of this Website, Content on this Website (as further detailed below) may be provided by third parties, including but not limited to Acoustiguide’s subscribers, licensors and users, including without limitation , downloadable Audio & Multimedia Tours of third parties. 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 Acoustiguide.
LINKING TO THE SITE
Unless you have an agreement in effect with Acoustiguide 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 must not be such as to damage or dilute the goodwill associated with Acoustiguide’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 Acoustiguide, and (c) Acoustiguide 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 certain other information about you is subject to the terms and conditions of our Privacy 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.
Please send any notice of claims of copyright infringement to us at acoustiguide.com/contact-us
DISCLAIMER
THE CONTENT AND SERVICES IN CONNECTION WITH THIS WEBSITE ARE PROVIDED TO YOU “AS IS ” 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 PERMITTED BY APPLICABLE LAW, ACOUSTIGUIDE, 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 ACOUSTIGUIDE MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE ACCURACY AND/OR COMPLETENESS OF ANY CONTENT ON THIS WEBSITE OR THE CONTENT OF THIRD PARTIES, OR RESOURCES LINKED TO THIS WESITE, 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 (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.
ACOUSTIGUIDE 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 ACOUSTIGUIDE 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 ACOUSTIGUIDE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT OR SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ACOUSTIGUIDE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT RESULT FROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACOUSTIGUIDE 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 PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT ACOUSTIGUIDE SHALL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHER CHANGES TO SITE
Acoustiguide 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 Acoustiguide 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. Acoustiguide, 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 Acoustiguide 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
By clicking “I agree” on the button below, and/or 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.
GENERAL
These 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 Acoustiguide 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 Acoustiguide 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 Acoustiguide 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 Acoustiguide 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 – ACOUSTIGUIDE 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.