Access to, and use of, this Site and/or Radio broadcast is provided by Helen Doron Limited (“HD”) subject to the following terms and conditions:
1. By using this site and/or Radio users agree to be legally bound by these terms and conditions, which shall take effect immediately on a users’ first access to the Site and/or Radio. Users who do not agree to be legally bound by all of the following terms and conditions are asked not to access and/or use this site and/or Radio.
2. HD may change, update or amend these terms and conditions at any time by posting changes online. Users should review these terms and conditions regularly to ensure they are aware of any changes, updates or amendments made by HD. Continued use of the Site and/or Radio after changes, updates and amendments are posted constitutes the user’s agreement to be legally bound by these terms and conditions as changed, updated or amended.
3. Access to the Site and/or Radio is permitted on a temporary basis. HD may suspend, withdraw, discontinue or change all or any part of the Site and/or Radio without notice. HD will not be liable to users if for any reason the Site and/or Radio is unavailable at any time or for any period. HD does not warrant that functions contained in the Site and/or Radio content will be uninterrupted or error free, that defects will be corrected, or that the Site and/or Radio and the server that makes it available are free of viruses or bugs.
4. HD will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect user’s computer equipment, computer programs, data or other proprietary material due to user’s use of the Site and/or Radio or to user’s downloading of any content on it, or on any Site and/or Radio linked to it. Users are responsible for configuring user’s information technology, computer programmes and platform in order to access the Site and/or Radio. Users should use user’s own virus protection software.
5. Users must not misuse the Site and/or Radio by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Site and/or Radio, the server on which the Site and/or Radio is stored or any server, computer or database connected to the Site and/or Radio. Users must not attack the Site and/or Radio via a denial-of-service attack or a distributed denial-of service attack.
6. Unless otherwise stated, the content of the Site and/or Radio (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to the Site and/or Radio) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. HD and/or our licensors own the Content. Nothing in these Terms grants users a right or licence to use the Content except as expressly provided herein.
7. Subject to strict compliance with these Terms, HD grants users a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use the Site and/or Radio for user’s own personal or domestic use. Users may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Content and in particular the songs broadcasted on the Radio in any way. Use of the Site and/or Radio that is inconsistent with these stated purposes is strictly prohibited. The use of the Site and/or Radio is subject to the following rules which, by the user’s use of the Site and Radio, the user is deemed to accept (and which amount to a non-exhaustive list of prohibited acts): The User must not: use the Site and/or Radio for any illegal or unlawful purpose; use the Site and/or Radio for any purpose other than the user’s own private or domestic purpose; alter, adapt, modify, copy or create a derivative work from our Content.
8. HD reserves the right to edit or remove without notice any Content on the Site and/or Radio, for any reason whatsoever.
9. HD Radio is strictly available for the user’s non-commercial use only. For licensing reasons, it should only be accessed and used from the user’s personal computer.
10. The user agrees to indemnify HD and keep HD fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from the use of the Site and/or Radio, the Content or any services offered by HD, or arising from any breach of these Terms by user or the user’s violation of any law or third party rights.
11. The names, images and logos identifying HD, Helen Doron Early English, Helen Doron Teen English (HDTE) or any other HD associated product and service or third parties and their associated products and services are subject to copyright, design rights, trademarks and patents of HD and/or appropriate third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any licence or right to use any copyright, design right, trademark or patent belonging to HD or any other third party.
12. The user agrees to use the Site and/or Radio only for lawful purposes, in ways that does not restrict, inhibit or infringe the rights of anyone else’s use and enjoyment of the Site and/or Radio. Prohibited behaviour includes: harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of information and dialogue within the Site and/or Radio.
13. The Site and/or Radio content, including the information, names, images, pictures, logos and icons regarding or relating to HD and/or HD affiliated companies , products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made, expressed or implied to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14. The content on the Site and/or Radio is provided for general information only. It is not intended to amount to advice on which users should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site and/or Radio.
15. To the extent permitted by law, HD excludes all conditions, warranties, representations or other terms which may apply to the Site and/or Radio or any content on it, whether express or implied.
16. HD will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use the Site and/or Radio; or use of or reliance on any content displayed on the Site and/or Radio.
17. To the maximum extent permitted by applicable law, HD shall not be liable to the Site and/or Radio users, or any third party claiming through a site and/or Radio user, for any damages in connection with the Site and/or Radio or any materials contained therein. Under no circumstances will HD be liable for any of the following losses or damage (whether such losses where foreseen or foreseeable, known or unknown): loss of data; loss of revenue or anticipated profits; loss of business; loss of opportunity; loss of goodwill or injury to reputation; losses suffered by third parties; or any indirect, consequential, special or exemplary damages arising from the use of the Site and/or Radio regardless of the form of action.
19. By submitting contributions to the Site and/or Radio, users warrant: that said contributions are the user’s original work; that the submitting user has the right to make said contributions available to HD for all of the purposes specified above; that said contributions are not defamatory; that said contributions do not infringe any law; that HD is indemnified against all legal fees, damages or other expenses that may be incurred by HD as a result of the user’s breach of the above warranty; that the user waives any moral rights in said contribution for submission to and publication on the Site and/or Radio for the purposes specified above.
20. The views expressed in the Site and/or Radio’s submission areas are those of members of the public and are not necessarily those of HD.
21. If users are a consumer user, please note that HD only provides the Site and/or Radio for domestic and private use. Users agree not to use the Site and/or Radio for any commercial or business purposes, and HD have no liability to users for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22. If users are a rights owner (or acting on behalf of a rights owner) and believe that any Content infringes user’s copyright, user must provide HD with a written notice by email to [email protected] which states:
i. that the user is the rights owner or is authorised to act on the rights owner’s behalf;
ii. that user has identified Content on the Site and/or Radio which infringes user’s copyright (or infringes the copyright of a third party on whose behalf user is entitled to act, if applicable) and user believes in good faith that use of the Content in the manner complained of is not authorised by user, the rights owner’s agent or by law;
iii. a description of the copyright work that user claims has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
iv. a description of the way in which the copyright material has been infringed;
v. information reasonably sufficient to permit HD to locate the Content in question on the Site and/or Radio (including a URL specifying the date the Site and/or Radio was accessed);
vi. information that will enable us to contact users, such as user’s name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact users directly, in order to attempt to resolve the complaint amicably);
vii. user’s electronic or physical signature (which may be a scanned copy); and
viii. that the information in the notification is true and accurate.
HD recommends that the user takes legal advice before sending a copyright infringement notice, if user is unsure about user’s rights in the Content, or whether there has been an infringement of user’s rights.
23. HD assumes no responsibility for the content of the Site and/or Radios linked on the Site and/or Radio. Such links should not be interpreted as endorsement by HD of those linked Sites and/or Radios. HD will not be liable for any loss or damage that may arise from user’s use of them. The Site and/or Radio contains links to third party Site and/or Radios, which are not under the control of HD. Users should be aware that, in clicking on these links and moving to non-HD sites and/or Radios, HD makes no representations about third party sites and/or Radios. Accessing a third party site and/or Radio is at the user’s own risk. HD is not responsible for the reliability of any data, opinions, advice or statements made on third party sites and/or Radios. HD provides these links as a service and convenience to the Site and/or Radio users. The inclusion of such links does not imply that HD explicitly endorses or recommends the third party sites and/or Radios. HD does not accept responsibility for the content of third party sites and/or Radios.
24. If any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable for any reason under the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid, or unenforceable, it shall be severed and deleted from these terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect, and continue to be binding and enforceable.
25. These terms and any dispute or claim arising out of or in connection with these terms (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of the State of Israel and the Israeli courts have sole jurisdiction.
©1997 – 2016 Helen Doron Ltd. All Rights Reserved.