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Preamble and Definitions

1. This internet site operates at HITME.CO.IL, or at any other URL as shall be in effect from time to time, and operates the Hit Me project, which constitutes a platform for artists who wish to have their works reviewed by judges (hereinafter: the "Site" or the " Project"). The Site is managed and operated by the Habeilinim Ltd. company, which is located at HABARZEL 24 Street, Tel Aviv, Company Registration no. 513832410 (hereinafter: the "Company").

2. Any use by you (hereinafter: the "Client") of the Site and the contents presented thereon (including entering the Site's landing pages and/or landing pages that lead to the Site or that are related to the Company's services that are offered on the Site and/or delivering information on the Site in order to receive details regarding the Company and/or its services), by means of any computer (stationary or mobile) and/or other communication device, is subject to the terms of participation and the privacy policy that are specified below (hereinafter: the "Terms" or the "Terms of Use and Participation") and to the provisions of any law.

3. The Terms regulate the legal basis for any discussion between the Company and the Clients in all that relates to the Site and/or its Use thereby. Prior to entering the Site and to any Use, viewing or surfing on the Site (hereinabove and hereinbelow: "Use"), you are required to read the Terms of Use and Participation thoroughly. If and to the extent you shall Use the Site, this shall constitute consent to the Terms of Use and Participation and a declaration and confirmation that you have read the provisions of these Terms of Use and Participation thoroughly, such that you are aware thereof and agree thereto in their entirety, and neither you nor anyone on your behalf shall have any claim and/or allegation against the Company and/or anyone on its behalf. If you do not agree to the Terms, in whole or in part, you are requested not to Use the Site.

4. The Company is permitted at any time, and without prior notice, as per its sole discretion, to change the Terms of Use and Participation and/or the privacy policy.

5. The Company is permitted at any time, and without prior notice, as per its sole discretion, to discontinue the activity on the Site.

6. The Company is permitted, at any time and without advance notice, to change and/or update the Terms of Use and Participation on the Site. The wording of the Terms of Use and Participation as appearing on the Site, is the binding wording.

7. The Terms of Use on the Site are drafted in masculine language solely for reasons of convenience and are intended for men and women alike and for singular and plural alike.
   
   Use of the Site

8. Use of the Site (including its contents and services) is intended solely for the Client's personal and private Use and no commercial Use is to be made on the Site; is subject to these Terms of Use and Participation; and is solely for legal purposes. The Client undertakes not to use the Site for any illegal purpose.

9. The Company is permitted, as per its sole discretion, to prevent access to and Use of the Site if the Client uses the Site in a manner that is unbefitting and/or is contrary to the provisions of any law and/or contrary to the provisions of the Terms of Use and Participation and/or which harms the proper operation of the Site.
   
   Liability

10. Neither the Company nor anyone on its behalf shall bear any liability with respect to the content that appears on the Site and on any end device on which it appears, its reliability, accuracy, trustworthiness and impact on the computers and/or other communication devices of the Clients using the Site and for any damage, inconvenience, loss, anguish and any such other, direct or indirect, consequences, which shall be caused to the Clients using the Site, to their property or to any third party as a result of Use of the Site.

11. The Company is not responsible for the content which shall be published in links appearing on the Site, if and to the extent such shall appear, and which lead to other sites (whether or not such sites are active).

12. The Use of the Site is at the Client's sole responsibility and the Client hereby exempts the Company and/or anyone on its behalf from any demand and/or allegation for any loss or damage, direct or indirect, which were caused thereto as a result of reliance upon, or Use of, the Site.

13. The service on the Site and the contents appearing thereon are provided "as is", and the Company does not intend, nor is it able, to adjust them to each Client's needs. The Client shall not have, and hereby waives, any allegation, claim and/or demand with respect to the service and/or its contents and/or its characteristics and/or its limitations and/or its compatibility to the Client's needs and demands.

14. The Site's management shall not be responsible for any delay in the delivery of the feedback, of any kind whatsoever, as a result of events that are beyond its control.

15. The Company shall not, in any event, bear any liability whatsoever exceeding the consideration received for the services that were provided and shall not bear any indirect damage and/or any consequential damage.

16. The Company does not undertake that the Use of the Site and that all of the services and/or the contents shall be provided in an ongoing and uninterrupted manner and that there will not be any mishaps and/or interruptions and/or malfunctions. The Company shall not be responsible in any way for mishaps and/or disruptions in the internet network and/or the communication lines that enable access to the internet network – regardless of the reason of the said mishap and/or interruption and/or malfunction.
    
    Intellectual Property and Trademarks
     

17. All of the intellectual property rights, including and without derogating, the name of the Company, the domain name of the Site (HITME), the copyrights, the trade secrets, the Site, including all of the content and information and the trademarks (whether or not registered) which are published on the Site, are the Company's sole property. All of the ownership rights in and to the Site and/or Project, including the intellectual property rights, are the Company's sole property and shall remain owned thereby in their entirety at all times. No party is permitted to copy, distribute or store the contents of the Site, including trademarks (whether or not registered), pictures and texts and the like (or to allow others to do so), in whole or in part, temporarily or permanently, in any manner whatsoever, without the Company's prior and written consent.

18. This agreement only grants the Site's Clients permission to use the Site and participate in the Project and the Client is prohibited from performing any action which could harm the aforementioned intellectual property rights.

19. The Clients using the Company's Site are strictly forbidden to make any changes thereto or to copy, distribute, transmit, present, perform, duplicate or publish or use the Site and/or the Project other than for the purpose for which it was intended without the Company's explicit written and prior permission.
    
    Confidentiality and Privacy

20. The Company takes precautionary measures in order to preserve, to the best of its reasonable ability, confidentiality of information and privacy of the Client. However, the Company clarifies that taking precautionary measures does not completely narrow the risk of leakage of information and that it does not undertake that the information that is in the Company's possession and the data that shall be collected and/or delivered in the framework of the Use of the Site and the participation in the Project, shall be completely immune to unauthorized penetration and/or access.

21. It being clarified that the Client is not obligated to deliver information, however, in the absence of the delivery of information as requested by the Company, it will not be possible to participate in the Project.

22. The Company shares information with other companies to the extent necessary in order to allow the Project's activity, for example, clearing companies, generating invoices, etc.

23. If and to the extent the Company shall use outsourcing services (information processing) and shall transfer personal information of the Client, this shall be done in accordance with the law in Israel and pursuant to these Terms.

24. Additionally, the Company is permitted to Use the information that has accumulated regarding the Client's viewing and surfing habits, for the following purposes: in order to provide the Site's services, for the Site's proper operation and development; for analyzing and editing statistical information and adjusting the services to the preferences of each Client; for any other purpose that is specified in these Terms.

25. In the following cases the Company shall be permitted to transfer a Client's details on the Site: the Company shall be required to transfer the details pursuant to a judicial order or pursuant to any law; if the Company shall incorporate in the framework of another entity or shall merge with another entity, the Company shall be able to transfer the Client's details to the extent that the other entity shall assume the provisions of these Terms; if there shall be legal proceedings against the Company for actions that the Client performed, as well as in any legal proceedings, dispute and/or allegation between the Client and the Company.

26. While Using the Site, the Company shall be permitted to use technology which is customary in the industry and is known as "cookies" or similar technologies which store certain information in the user's computer and allow the Company to automatically operate certain characteristics and to improve the user's experience using the Company's services. The cookies will assist the Company in allowing the operation of an automatic process of connecting to the Site. Modern browsers include the option of rejecting cookies, so if the Client shall want to reject such cookies, this can be done by changing the browser's definitions. However, neutralizing the possibility of receiving cookies may lead to the Client not being able to Use the services on the Site.

27. In cases resulting from force majeure, including security events and/or cyber events, the Company shall not be responsible for any damage of any kind whatsoever, direct or indirect, which shall be caused to the Client or to anyone on its behalf, if any information whatsoever that the Client delivered shall be lost or shall reach a hostile party and/or shall be Used in an unauthorized manner.
    
    Miscellaneous

28. Any waiver by the Company of any right it has pursuant to these Term of Use and/or under any law, or any case in which the Company refrains from exercising its rights, shall not be deemed a waiver, an avoidance or the creation of any custom with respect to other cases.

29. Any exemption and/or lack of liability that is granted to the Company with respect to the Project pursuant to the provisions of the Terms of Use is hereby also granted to its managers, employees, representatives, shareholders and all those acting on its behalf and/or therefor, as well as any other party that is related to the Project, as such shall exist from time to time.

30. The Company's computer records regarding the actions made through the Site shall constitute evidence as to the accuracy of the actions.

31. The laws of the State of Israel shall apply to any matter deriving from the Use of the Site and the participation in the Project, its terms, provisions and for all intents and purposes. The courts of the State of Israel alone shall have sole jurisdiction and in accordance with the laws of the State. The sole and exclusive local jurisdiction for all matters and disputes in anything related to the services on the Site shall lie only with the court in the Tel Aviv-Jaffa district.