Terms of UseThe following Terms of Use apply to all MyDrifts web sites and services including mydrifts.com and applications for social networks such as MySpace or Facebook ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions. Please check these Terms of Use periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes. 1. Ownership The Website is owned by MyDrifts Ltd. ("MyDrifts"). The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by MyDrifts. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of MyDrifts. You agree that the tracks, musical works, compositions and other materials ("MyDrifts Materials") are protected by international intellectual property law. 2. Use of the Website You are granted a limited, personal, non-exclusive, revocable license to use the Website. No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of MyDrifts or in the case of material licensed to MyDrifts the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade-marks contained on the Website. For the avoidance of doubt you will not obtain any ownership interest in the MyDrifts Materials, the MyDrifts Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree not to place any libelous, defamatory, illegal or offensive material on the Website. 3. Control MyDrifts uses reasonable endeavors to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libelous, defamatory, illegal or offensive conduct by any customer. You agree that MyDrifts, including any appointed personnel may at any time without notice: a. move or suspend the Website in whole or in part; and b. disclose any material or content contained on the Website if it considers it necessary to enforce these Terms and Conditions. We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission. 4. Indemnity You agree to indemnify, defend and hold harmless MyDrifts (including its successors, subsidiaries, agents, affiliates, partners and licensors) against all claims, damages, costs or other expenses which arise directly or indirectly out of or from your unauthorized use of the Website, the MyDrifts Materials, the MyDrifts Service and any other materials contained on the Website. 5. Termination Your right to use the Website will be suspended or terminated immediately without notice by MyDrifts if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. 6. Miscellaneous There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that MyDrifts shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. MyDrifts is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise. These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. MyDrifts reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion. These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall remain in effect for the benefit of any successor and assignees of MyDrifts. 7. Use of Personal Information We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. For full details of how we intend to use your personal data, our Privacy Policy in full follows these Terms and conditions. 8. Infringement of Intellectual Property Rights MyDrifts respects the intellectual property rights of others. If you believe that your work has been copied by MyDrifts in a way that constitutes infringement of your intellectual property, please send the following information to info@MyDrifts.com: (a) an electronic signature of a person authorized to act on behalf of the owner of the work that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to enable MyDrifts to locate the material; (d) your full name, email address, postal address and a telephone number on which you can be contacted; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the work or right that is allegedly infringed. If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you receive legal advice. If you have a complaint concerning any video content provided by YouTube on the Website, or if you believe that your work is available on the YouTube player in a way that constitutes copyright infringement, please contact YouTube in accordance with its copyright policy at: http://www.youtube.com/t/terms 9. Third Party Content and Information The Website contains content that is provided for your convenience and enjoyment. Third parties provide some of the content on the Website. You should be aware that content on the Website might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the content may be subject to terms and conditions which may be found on the Website or in the documents and policies of third parties. MyDrifts makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content on the Website and will not be liable for any lack of the foregoing. In addition, third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with others found on or through the Website including, without limitation, the payment and delivery of products and services, the delivery of videos, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant advertiser. You agree that MyDrifts will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other content on the Website. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to, products, services or publications within the Website do not imply endorsement of that product, service or publication. 10. Posted Content MyDrifts does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Website, either by directly uploading Content to the Website, or by granting us the right to copy Content stored elsewhere on the Internet. After posting Content to the Website, you will continue to retain all ownership rights in the Content, and continue to have the right to use your Content in any way you choose. By displaying or publishing ("Posting") any Content on or through the Website, you hereby grant to MyDrifts a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute the Content on and through the Website. Without this license, MyDrifts would be unable to provide many of its services. For instance, without the right to publicly perform Content, we could not allow users to listen to your music. The right to modify content is required to format Content to satisfy technical requirements, e.g. digitally compress music files or images. The license you grant to MyDrifts is non-exclusive (meaning you are free to license your Content to others), fully-paid and royalty-free (meaning that MyDrifts is not required to pay you for the use of the Content), sublicensable (so that MyDrifts is able to use its affiliates and subcontractors such as Internet content delivery networks to provide its services), and worldwide (because the Internet and the Website are global in reach). This license will terminate once you remove your Content from the Website. The license does not grant MyDrifts the right to sell your Content, nor does the license grant MyDrifts the right to distribute your Content outside of the Website. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Website. MyDrifts may delete any Content that in the sole judgment of MyDrifts violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyDrifts assumes no responsibility for monitoring the Website for inappropriate Content or conduct. If at any time MyDrifts chooses, in its sole discretion, to monitor the Website, MyDrifts nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Website, and any material or information that you transmit to other Members and for your interactions with other Users. MyDrifts does not endorse and has no control over the Content. Content is not necessarily reviewed by MyDrifts prior to posting and does not necessarily reflect the opinions or policies of MyDrifts. MyDrifts makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. 11. Prohibited Content and Activities The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Website. MyDrifts reserves the right to investigate and take appropriate legal action against anyone who, in MyDrifts's sole discretion, violates this provision, including without limitation, removing the offending communication from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyDrifts: a. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; b. harasses or advocates harassment of another person; c. exploits people in a sexual or violent manner; d. contains nudity, violence, or offensive subject matter or contains a link to an adult website; e. solicits personal information from anyone under 18; f. provides any telephone numbers, street addresses, last names, URLs or email addresses; g. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; h. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; i. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); k. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; l. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; m. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; n. includes a photograph of another person that you have posted without that person's consent; or o. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Website. MyDrifts reserves the right to investigate and take appropriate legal action against anyone who, in MyDrifts's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: a. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; b. advertising to, or solicitation of, any Member to buy or sell any products or services through the Website. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Website in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyDrifts reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyDrifts deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Website, you acknowledge that you will have caused substantial harm to MyDrifts, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay MyDrifts $50 for each such unsolicited email or other unsolicited communication you send through the Website; c. covering or obscuring the banner advertisements on your personal profile page, or any MyDrifts page via HTML/CSS or any other means; d. any automated use of the system, such as using scripts to add friends or send comments or messages; e. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; f. attempting to impersonate another Member or person; g. for band profiles, copying the code for your MyDrifts Player and embedding it into other profiles or asking other Members to embed it into their profiles; h. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; i. selling or otherwise transferring your profile; j. using any information obtained from the Website in order to harass, abuse, or harm another person; k. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or l. using the Website in a manner inconsistent with any and all applicable laws and regulations. 12. Certain Fees for Registered Users Certain portions of the Site may be subject to payment of certain fee(s). MyDrifts may offer different subscription packages for different fees as identified on the Website. All sales transacted through the Website are final. In the event that MyDrifts decides that a refund may be available in their sole discretion, the form of such refund is also within the sole discretion of MyDrifts. MyDrifts may from time to time offer site credit in conjunction with certain features or uses of the Website. Grant of site credit is in MyDrifts? discretion. 13. Governing Law These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of Israel. The competent court in Tel Aviv, Israel shall be the exclusive court of competent jurisdiction. Privacy policy MyDrifts is fully committed to respecting your privacy and to protecting any information you provide to it. We make every effort to ensure that all the information provided by you is protected. This Privacy Policy (the "Policy") respects and protects the privacy of all visitors to MyDrifts and intends to give you as much information and control as possible. Although we make efforts to keep you up-to-date on all changes made to the website, this Policy may be amended from time to time without notice to you. It is your responsibility to read the Policy carefully and review any changes that may have been made. What information does MyDrifts collect and how does MyDrifts use this information? 1. Personal Information In order to use MyDrifts you will need to create a profile. When creating the profile, depending on the specific service you use, you may be asked to provide an email address and create a username and password. If you choose to purchase music or other goods or service by clicking on a third party link (i.e. Amazon) provided on the website, we will not collect any personal information related to the transaction (i.e. credit card number, address, etc.). The only information that we will collect with respect to such third party links is (a) the number of generic MyDrifts users who clicked such links and (b) the number of purchases made by these generic users. 2. Profile Information From the moment you create your profile and begin using MyDrifts, our system will monitor your activity on the website. All of the information that is generated by your activity on the website is then used to fine tune your profile so that MyDrifts can provide you with services that better suit your taste. MyDrifts does not process any personally identifiable information related to your profile in any manner other than as described in the preceding paragraph. We do not, for example, provide third parties with your name, location, and taste information. 3. Location-based Information The user's zip code is required so that MyDrifts can provide information related to local events. 4. Browser Information We collect data regarding the anonymous users of MyDrifts, including:?a. The Internet Protocol (IP) address of the user's computer. This may or may not be associated with a particular Internet Service Provider (ISP).?b. The referring URL, if any.?c. The browser software identification (i.e. the brand and version of your browser software). 5. Statistical Information As discussed above, we log (but do not use) personally identifiable information with respect to selection and sharing activities of users whilst they are on MyDrifts. We do not use this information in any manner in conjunction with your personal information. Please note that we do log and use statistical information in the aggregate. As a service, we may supply certain aggregate statistical information to artists and partners. 6. Message Boards / Chat / Communications with Other Users In the future we may offer message board functionality and other interactive features such as messaging and chat. Please note that all personal information you display or communicate using such functionality becomes public information and we are not responsible for any information you choose to make public. We may monitor such traffic via electronic software or otherwise in order to check for obscenity, defamation or abusive language, which we reserve the right to remove at any time. In addition, if you choose to personally communicate or meet with any other MyDrifts user by exchanging postal/email addresses, telephone numbers or otherwise via the interactive functionality of MyDrifts, you do so at your own risk. MyDrifts cannot be held responsible for any consequences which flow from your decision to communicate or interact with other MyDrifts users in places or under circumstances which we do not control. We advise you to use extreme caution whenever you socialize or interact with people whom you have met via the internet. 7. Links We may display links to third party sites, however we cannot control and cannot be held responsible for those other sites, their privacy policies or how they treat information about their users. We advise you to check their privacy policies to find out how they are treating your personal information. 8. Security MyDrifts endeavors to protect the security of your information as much as we endeavor to protect our own information and network. We employ firewalls and store all of our files and information on secure terminals. In addition, all user passwords are protected by encryption technology. 9. MyDrifts Policy for Young People We realize and understand that many young people love music and will therefore visit MyDrifts, however we encourage all persons under 12 to consult with their parents before submitting any information to MyDrifts and indeed any other website. Having said this, we believe that ultimately it is the responsibility of parents to supervise children when online and we therefore recommend that parental control tools be put in place. 10. Disclaimer We believe in privacy and therefore will take all reasonable measures to ensure that your personally identifiable information remains private. However, in the event that we are forced to disclose personally identifiable information by law (i.e. by court order), we will make such a disclosure without being in violation of this Policy. 11. Business Transitions If MyDrifts is acquired by another company or sells a portion of its assets to another company, it is likely that user information will be a part of the assets transferred. If as a result of such a business transition information is to be collected, used or disclosed in a manner or for a purpose different from that stated above, MyDrifts will endeavor to notify all users of such changes. 12. Consent By disclosing any information to MyDrifts through the website you consent to the collection, storage and use of such information by MyDrifts as set out in this Policy and the Terms and Conditions. If MyDrifts makes any changes to this Policy these changes will be detailed on this page in order to ensure that you are fully aware of what information is collected, how it is used and under what circumstances it will be disclosed. If you are concerned about how your information is collected, used or disclosed, you should periodically check back at this page. If you have any specific concerns not addressed in the Policy, please contact us using the feedback page on the website. |