1. Definition of Terms
The following terms are given the following meanings in this Agreement:
"Site" shall mean the following website: Philophonist, which is owned by the Company and located at the following link: https://philophonist.com/.
"User", "You", "Your", "Yours", "By You" or any other similar derivatives (depending on the context) shall mean a person who (1) uses the Site and/or has accessed its Content; and (2) has agreed to comply with the rules for using the Site, as set out in the text of this Agreement, by using this Site.
"Company", "We", "Our", "Us", "By Us" or any other similar derivatives (depending on the context) shall mean the following legal entity: Philophonist Ltd. located at Bat Yam, 4 Harishonim, 5931240 (Israel) (including its branches and representative offices both in Israel and abroad, as well as any other legal entities created as a result of the reorganization of the Company), which owns or operates the Site.
"Site Content" shall mean all objects published by the Company and/or third parties (with the permission of the Company) on the Site, including design elements, text, graphic images, illustrations, video, programs, music, sounds, information, notices and any other objects of similar purpose, their selections or combinations. "Website Software" shall mean the software developed by the Company (and/or third parties on behalf of the Company) for the Website, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"Services" shall mean the Website Content and the Website Software collectively.
"Software Product" shall mean software developed by the Company, as well as the corresponding documentation, intended for delivery to the User.

2. Accession to the Agreement
2.1. Users shall use the Site for the following purposes:
Familiarization with the Services, including familiarization with the description of the main characteristics of the Software Product. Downloading the Software Product to the User's computer.
2.2. This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Site and Services, the rights and obligations of Users, and regulates the behavior of Users when accessing the Site and Services.
2.3. The User accepts the terms of this Agreement by continuing to use the Site.
2.4. This Agreement is binding on its Parties (i.e., the Company and the User). The User may assign their rights under this Agreement only after receiving prior written consent from the Company.

3. Site Users
General Criteria and Age
3.1. To use the Site, Users must meet the following criteria (cumulatively):
not be restricted in their right to access the Site and Services by a court decision that has entered into legal force, or in cases stipulated by applicable law or the terms of this Agreement.
3.2. No registration is required to use the Site.
3.3. Use of the Software is governed by the terms of the license agreement with the User, which is included in the Software (the "License Agreement"). The User shall not be able to install the Software regulated by the License Agreement unless the User first agrees to the terms of the License Agreement.

4. Intellectual Property
4.1. The Company owns all property rights, including intellectual property rights, to all Site Content, as well as the Site Software. The Site Software and Site Content are protected by copyright in the manner prescribed by the current civil legislation of the State of Israel, as well as international treaties and conventions in the field of intellectual property protection.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Site Content and Site Software, except in cases where such actions are EXPRESSLY permitted by the terms of this Agreement or the current legislation of the State of Israel.
4.3. Nothing in the text of this Agreement may be construed as giving the User any exclusive rights to the Site Content (in whole or in part) and/or the Site Software.
4.4. The Company owns all copyrights of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as the "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement shall be construed as granting any license to the User to use such Trademarks.

5. Procedure for working with the site
Rules of conduct when using the Site
5.1. When using the Site, the User undertakes to adhere to the following rules:
(1) to comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) not to perform any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users; and
(3) not to take any actions and not to assist third parties in performing actions aimed at undermining the operation of the Site, including, but not limited to, (a) uploading viruses or malicious code; (b) performing actions that may lead to the shutdown of the Site, to disruption of the normal operation of the Site or the Site software, or to deterioration of the appearance of the Site and/or the Site Content.
(4) not to perform any other actions that are illegal, fraudulent, discriminatory or misleading.
Feedback on the site's performance
5.2. Each User has the right (but not the obligation) from time to time to submit or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Site or the quality of the Services provided. Such feedback may be sent by the User in the following way:
administrator@philophonist.com
5.3. In the event of sending such an idea, feedback, suggestion or project, the User automatically grants us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, launch, copy, publicly perform or display, translate your ideas, feedback, suggestions or projects, as well as create derivative works based on them.

6. Advertising on the Site
Advertising by the Company
6.1. The Company has the right to place any advertising or marketing materials on the Site from time to time.
Advertising by Third Parties
6.2. The Site Content may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third Party Advertising"). The Company does not assume any responsibility (1) for the content of third party advertising, as well as for the availability, quality and safety of the goods/services promoted in such advertising; and (2) for any damages, losses or harm incurred or caused to the User as a result of reading such advertising, using the goods/services promoted in third party advertising.
6.3. In the event of a transition to another website through Third Party Advertising posted on the Site, the Company cannot guarantee that such website is safe for the User and/or his computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement of the User to use Third Party Advertising, visit any third party websites, or try, purchase, use any goods/services of third parties.
6.4. Issues related to the protection of Users’ personal data when they use third-party Advertising are governed by the Privacy Policy.

7. Making purchases on the Website
7.1. The Website does not provide the opportunity to purchase any goods/services through it.

8. Subscribing to the Website
8.1. Access to the Website and its Services does not require Users to subscribe to any services.

9. Termination of access to the Website
9.1. The User has the right to stop using the Website at any time.
9.2. In the event of (1) the User violating the terms of this Agreement; and/or (2) violating the intellectual property rights of the Company, other Users or third parties; and/or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Website or the ability of other Users to use the Website; and/or (4) the Services or the Website are used by the User in a way that may entail legal liability for the Company in the future; and/or (5) if required by applicable law or a competent government agency, the Company has the right to terminate (suspend) the User's access to the Site and its Services at any time without prior notice.
9.3. The User is duly aware that the Company shall not be liable for any damage, loss, lost profit, loss of business or personal reputation caused to the User by deleting or blocking the account and/or the inability to access the Site and its Services.

10. Asking Questions
10.1. If you have any questions regarding the terms of this Agreement or the procedure/method of their execution, you can address your question to us in the following way:
administrator@philophonist.com
10.2. The Company's employees and representatives undertake to make every possible effort to respond to your request within a reasonable period of time.

11. Liability
11.1. Under no circumstances shall the Company or its representatives be liable to the User or any third parties:
(1) for any indirect, incidental, unintentional damage, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the site, services or other materials to which the user or other persons have accessed through the site, even if the company warned or indicated the possibility of such damage; and
(2) for the actions of other users, for user content posted by users, for goods/services provided by third parties or other users (even if access to them was provided through our site), to which the User received access; and
(3) in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
11.2. Our liability for anything related to the use of the Site and/or Services is limited to the extent permitted by applicable law.

12. Dispute Resolution Procedure
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company shall make every effort to resolve them through negotiations between them. In the event that disputes cannot be resolved through negotiations, disputes shall be resolved in the manner established by the current legislation of the State of Israel.

13. Final Provisions
13.1. This Agreement shall enter into force upon its publication on the Website (at the following link: https://philophonist.com/terms-of-use/) and shall remain in effect for an indefinite period of time.
13.2. We may revise, supplement or change the terms of this Agreement from time to time. Such changes are generally not retrospective. The Company undertakes no obligation to notify users of upcoming or past changes to the text of the Agreement. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If the User continues to use the Website after changes or additions to the text of the Agreement have been made, this means that he/she has read the changes or additions and has accepted them in full without any objections.
13.3. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of the current legislation, the substantive law of the State of Israel shall apply to the terms of this Agreement.
13.4. The Site's Privacy Policy is an integral part of this Agreement.
13.5. If one or more terms of this Agreement lose their legal force or are recognized as invalid in accordance with the current legislation, the remaining terms of the Agreement do not lose their force and continue to operate as if the term recognized as invalid or lost legal force did not exist at all.
13.6. Access to the Site and its Services is provided to the User "as is", We do not promise, do not guarantee, do not imply that the Services and the Site may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences as a result of your use of the Site and its Services.