Terms and Conditions

Effective Date: 1 January 2024

Inbar Music (“Inbar”) offers you the website www.imembassy.com and all the features and functions therein (collectively, the “Website”). These Terms and Conditions (the “Terms”) apply to your use of the Website. In these Terms, “we”, “our” and “us” refer to Inbar, and “user,” “you” and “your” mean users of the Website. Inbar grants you the right to use the Website and subject to these Terms set forth below. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. YOU MAY NOT USE THE WEBSITE FOR ANY COMMERCIAL PURPOSE OR IN ANY WAY NOT EXPRESSLY PERMITTED BY THESE TERMS.

Eligibility

If you are under the age of 18, then you may only use the Website with your parent or legal guardian’s permission. If you are a parent or guardian permitting a minor under the Minimum Age (a “minor”) to use the Website, you agree to: (i) supervise the minor’s use of the Website; (ii) assume all risks associated with the minor’s use of the same, including the transmission of content to and from third parties via the Internet; (iii) and assume any liability resulting from the minor’s use of the Website; (iv) ensure the accuracy and truthfulness of all information submitted by the minor; and (v) assume responsibility and be bound by these Terms for the minor’s access and use of the Website.

License

Subject to these Terms, Inbar grants to you and you accept, a limited, personal, nonexclusive, nontransferable, revocable, royalty-free license to use the Website and view the information, content, and materials contained on the Website (the “Materials”) and make such copies of the Materials only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Inbar server. Your access to the Website is licensed and not sold. All reference to the Website includes all related music, graphics, user interfaces, scripts and software used to implement and provide access to the Website and any updates, upgrades, enhancements, modifications, revisions or additions to the Website made available to end users by Inbar. However, Inbar is under no obligation to provide any such updates, upgrades, enhancements, modifications, revisions or additions to the Website.

Intellectual Property

We and/or our licensors are the sole owners of any trademarks, logos, domain names, page headers, custom graphics, button icons, scripts and other distinctive brand features on the Website. You agree that all, right, title and interest in the Website will remain ours. You are not granted any right to reproduce, copy, imitate, distribute, sell, broadcast, license, use or otherwise exploit Inbar trademarks, domain names, logos, trade dress (including without limitation the layout of the Website) or other marks or distinctive features of the Website in whole or in part, and all such items shall remain the exclusive property of INBAR and/or our licensors.

Modification, Suspension or Discontinuation

Inbar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice or to suspend, remove or disable access to the Website. You agree that Inbar will not be liable to you or to any third party for any such modification, suspension, or discontinuance of the Website and for any claims, costs or damages arising therefrom.

We may, but have no obligation to, monitor your use of the Website. In the event that we determine in our sole discretion that any such use violates these Terms, including our related Privacy Policy, we reserve the right to block your use of the Website and become involved in disputes between you and other third parties in connection with any such violation and these Terms.

Contests, Sweepstakes and Promotions

Occasionally, Inbar or advertising partners conduct promotional activities on the Website, such as contests, sweepstakes or other promotions (together "Promotions"). Each of these Promotions are subject to additional special conditions ("Conditions of Participation"), which will be published on our Website or otherwise notified to you by Inbar.

When participating in Promotions, you must separately agree to the applicable Conditions of Participation. After approval, the Conditions of Participation are an integral part of these Terms. In the event of a conflict between the Conditions of Participation and the Terms, the Conditions of Participation shall prevail with respect to the Promotion in question.

All prizes in connection with a Promotion are non-transferable and cannot be changed for cash or other products or services. Inbar reserves the right to modify or replace the Promotion prizes.

Information on Data Protection

Using our website may require you to provide personal data such as name, address, telephone number and e-mail address. These personal data will be collected and processed by Inbar and/or by appointed providers on the basis of Article 6 (1) (b) GDPR (performance of contractual relationships with you). Personal data will not be passed on to third parties, with the exception of partners, which are also involved in the activities on the website. In the event data collected will be transferred to the respective third party it shall be exclusively for the above-mentioned purpose. As soon as the process is completed and the data provided is no longer required, they are deleted, unless continued storage is required on legal grounds.

You have the right:

in accordance with Article 15 GDPR to obtain information about the personal data processed by us;
in accordance with Article 16 GDPR DSGVO to obtain without undue delay the rectification or completion of your personal data stored by us;
in accordance with Article 17 GDPR to obtain the erasure of the personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression or information, for compliance with a legal obligation, for reasons of public interest or for the establishment exercise or defense of legal claims;
in accordance with Article 18 GDPR to obtain the restriction of the processing of your personal data if you contest the accuracy of the personal data, the processing is unlawful, but you oppose their erasure and we no longer require the data, but you require these for the establishment, exercise or defense of legal claims or you have objected to their processing in accordance with Article 21 GDPR;
in accordance with Article 20 GDPR to receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;
in accordance with Article 77 GDPR to complain to a supervisory authority. You can usually contact the supervisory authority at your normal place of residence or your workplace or where we are headquartered for this.

Such personal data as may be collected, saved, transferred, processed or used shall be consulted by Inbar and by such providers as are appointed in this connection – together with any partners which may be involved – and collected, saved etc by any involved 3rd parties exclusively for that purpose and shall be deleted once the activity has been wound up in its entirety, unless there are compulsory legal reasons requiring that the data should not be deleted. Otherwise, the general data-protection guidelines of Inbar shall apply.

Third Party Materials

The Website includes software or other materials developed by third parties.

Use of Third Party Sellers' Websites:

Through our Website, you may be given the opportunity to visit a third party website (“Third Party Website”) to purchase (or to obtain more information) certain content, products or services which are sold through a person or company other than us or our affiliates (collectively, “Third Party Sellers”).

We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser window or otherwise notifying you that you are leaving our Website. However, we shall incur no liability if we do not so notify you. For example, if you are directed to a website that is not the Website or one that is operated by Inbar, or see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than Inbar, then you are likely on, or about to enter, a Third Party Website. Third Party Sellers may request that you agree to certain terms and conditions of use in order to use the website and to purchase their products or services or to obtain additional information from them.

In addition to a Third Party Website that you may access to as described above, there may be links to websites operated by companies other than Inbar (“External Websites”) that are not contractors who provide content or services through our Website. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. Inbar has not reviewed or monitored the terms and conditions of these websites and it does not endorse and is not responsible for their terms and conditions, even if we provide a link to those sites. These Terms do not apply to such sites.

Your use of Third Party Websites and External Websites shall be solely between you and the third party and subject to the applicable terms and conditions of such websites. We hereby disclaim all responsibility and liability for your use of these websites, including but not limited to, the reliability or the performance of such websites.

If you choose to link to one of these Third Party Websites or External Websites, you should review the terms and conditions posted on the other site to understand how that website governs the terms and conditions of your use. If you have any questions about these other companies’ data practices, you should review their privacy policies.

Submissions

All remarks, suggestions, comments, questions and other information submitted to Inbar through the Website (“Submissions”) are the property of Inbar. You agree that Inbar will not be liable for the use of any ideas or Submission for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future EMT services or operations. Without limitation, Inbar will have exclusive ownership of all present and future existing rights to the Submission or idea for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission or idea. You represent that any Submission by you will comply with all applicable laws and will not violate the rights of any third party.

Website Use Rules and Restrictions

Our Website may only be used for lawful purposes. Inbar specifically prohibits any use of our Website, and all users agree not to use our Website, for any of the following:

Submitting any incomplete, false or inaccurate information or information which is not your own accurate information (e.g. impersonating or pretending to be anyone else but you, including, without limitation, by creating false accounts of any person or entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity or using someone else’s identification without their consent);
Deleting or revising any material posted by us or any other person or entity;
If you have a password allowing access to a non-public area of our Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
Harming minors in any way;
Transmitting by any means any software, virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Website or attempting to access, alter or decompile the Website or an underlying program, code or software of the Website, or using any robot, spider, script or any manual or automated application or means to extract, download, index, create multiple accounts, mine, scrape, reproduce or circumvent the presentation, operation, or intended use of any feature, function or part of the Website;
Aggregating, copying, framing, downloading, distributing, transmitting, uploading, transferring content from the Website or the personal information of others from the Website or duplicating in any manner any of the materials or information available from our Website; or
Violating or infringing upon the privacy, publicity, intellectual property or other proprietary rights of us or any third parties.

If you believe someone is not complying with these Terms or that someone is violating your rights in connection with the Website, please notify us at: info@imembassy.com. If you violate any part of these Terms, we reserve the right to terminate your access to the Website, without notice.

Registration and Passwords

When or if you register an account with us, you may be required to provide some of your personal information. By using the Website and providing us with your personal information, you also accept our Privacy Policy, which is hereby incorporated by this reference and other policies that we may, from time to time, adopt. You are responsible for the activity that occurs on your account, including but not limited to, maintaining the confidentiality of your password and user name and activities that occur under such password and user name. We reserve the right to cancel your account at any time for any reason without prior notice to you. You acknowledge and agree that if your account is cancelled (in our sole discretion) your account data may no longer be accessible to you. Without limiting the Privacy Policy or these Terms, you agree that we may store and use your registration information that you provide for use in maintaining your account.

Accuracy of Content and Pricing Information

Because prices, product descriptions and availability can change quickly, Inbar does not warrant the accuracy or completeness of the information provided on the Website. Also, Inbar may make changes to the information contained on the Website, including to the products and prices described, at any time, without prior notice to you (including after you have submitted your order). Information at the Website is periodically updated, but may not be current or complete at the moment you visit the Website and may contain errors or inaccuracies. In no event shall Inbar, or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at the Website.

Indemnification

You will indemnify, release and hold harmless us and all agents and employees thereof and any party acting on our behalf, from and against any and all claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising out of (i) your use of the Website or any product you may receive or purchase from the Website; (ii) any breach of these Terms by you; or (iii) any violation of any laws, regulations or the rights of any third party by you in connection with your use of the Website.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, INBAR EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE WEBSITE WILL (i) OPERATE IN ANY UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, (iii) WILL BE SECURE OR IMMUNE FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE WEBSITE WILL BE SATISFACTORY TO YOU OR THAT ERRORS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, in which case any implied warranties shall be limited to the minimum scope and period permitted by law.

Limitation of Liability

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL INBAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT INBAR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY (WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY SUCH DAMAGES OR LOST PROFITS FROM US AND OUR LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH A CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE WEBSITE OR FOR ANY USER CONTENT OR COMMUNICATIONS ON THE WEBSITE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. UNLESS AS OTHERWISE INDICATED IN THESE TERMS, WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU.

Data Protection

Use of the Website and Service is subject to our Privacy Policy, which is available at https://www.imembassy.com/privacy-policy/.

Choice of Law, place of Jurisdiction

The law of the state of Israel shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is Tel Aviv.

The Website and the Materials are copyrighted works of Inbar and/or its suppliers or licensors. For the avoidance of doubt and as stated above, neither the Website nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Inbar.

We have made our best efforts to allocate the copyright owners of all the works and titles in our website. Should you believe we have used your rights, you are kindly requested to contact us at info@imembassy.com and we shall deal with your request.

Amendment to Terms

Inbar may at any time revise these Terms. If we change these Terms, we will update the Effective Date listed above. By using or accessing this Website after such modification, you will be deemed to have read, understood and unconditionally agreed to be bound by any such revisions. If you do not agree to the updated Terms, you may not use the Website. You should periodically visit this page of the Website to examine the then-current Terms by which you are bound. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

Notice

If you have any questions about these Terms or our Privacy Policy, you may contact Inbar at: info@imembassy.com

Inbar Music

General and Miscellaneous

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or void for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms shall for all purposes be governed by and interpreted in accordance with the laws of the State of Israel as those laws are applied to contracts entered into and to be performed entirely in Israel, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms shall be commenced exclusively in state court in Tel Aviv, Israel, and you irrevocably submit to the exclusive jurisdiction and venue of such courts. YOU AGREE THAT YOU WILL NOT BRING OR PARTICIPATE IN A CLASS ACTION AGAINST US. Any provision that by its nature should continue to be in effect in order to give meaning to such provision shall survive the expiration or earlier termination of these Terms and shall remain valid and binding. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms. The failure by us to enforce at any time any of the provisions of these Terms, or the failure of us to require at any time performance by you of any of the provisions hereof, shall in no way be construed as a present or future waiver of such provisions, nor in any way affect the right of us to enforce such provision thereafter.