Terms of Service & License Agreement
1.1. The Agreement herein is made between you and “G-Terra” the owner of the site: www.gterra.com, and it settles the terms and
conditions under which you may receive the right to download works of music
included in the Site’s Repertoire and use them (hereinafter: Works). The
Agreement herein is drafted in the masculine for convenience purposes only and refers to both genders.
1.2. You hereby declare and confirm that: (1) you have read the Agreement herein, understood the stated therein and you hereby agree to engage in it;
(2) your age does not limit you from lawfully engaging in the Agreement herein and there exists no other legal prevention for your engagement in the Agreement herein;
(3) you are authorized to engage in the Agreement herein for yourself,
personally, or for the corporation the details of which were specified upon
purchase of the license.
1.3. You hereby declare and confirm that the Company is the owner of all the rights in the Works, inclusive of all intellectual property rights and all copyrights and that you do not and will not have any rights whatsoever in the Works, exclusive of the right of use as specified in the Agreement herein.
2. Opening an account
2.1. In order to use the Site’s services and receive a license for using the Works as
specified in the Agreement herein, you are required to open an account in the
Site, provide accurate and full details, and pay for the license. It is forbidden to
provide a nonexistent email address or an email address which does not belong to you, to impersonate to another person or body, or to mislead in any other way regarding your identity or your credit card details. The License Agreement herein will come into force upon payment.
2.2. You are required to protect the confidentiality and safety of the account details
(username and password), and you will bear full and exclusive liability for all
activities in your account.
2.3. You must inform the Site immediately of any unauthorized use of your account.
3. License to use
herein and as may be set from time to time by the Site, and will be done only in
accordance with them.
3.2. Upon purchase of subscription and subject to fulfillment of all your undertakings
according to the Agreement herein you are hereby granted a nonexclusive
license (hereinafter: License) to download musical works included in the Site’s
Repertoire (hereinafter: Works) and to use them for integrating and/or
synchronizing them in projects and productions combining sound, text, and
images (in any language), such as: video clips and segments, advertisements,
presentations, applications, games, animations, slides, multimedia, podcasts,
audiobooks, software, films, series, various programs and so on (hereinafter:
Projects). The term Works used in the Agreement herein refers both to the
works and to recordings of the works in the Site’s Repertoire.
3.3. The License includes the right to present and/or play in public and/or distribute
the Works being integrated and/or synchronized as part of the Projects, in all
existing means of media, inclusive of smart phones, tablets, personal
computers, in various internet sites, in social networks, in online stores (such as
iTunes), in video sharing sites (such as Vimeo, YouTube and so on), on
television and in any other known means, and inclusive of physically by CDs or
any other data storage device.
3.4. The License gives you the right to make a reasonable use of the Site and the
Repertoire in it, and does not limit the number of Projects in which you are
entitled to integrate and/or synchronize the Works you download from the Site,
in condition the daily number of downloads does not exceed 40 Works. It is
hereby clarified that downloading contents from the Site by any automatic
means such as software, bots, or any other technical mean will not be
considered a reasonable use and is prohibited according to the License
3.5. The License is personal and nontransferable. Licensee is the person whose
name is specified in the License purchase form. To the extent the user is a legal
entity which is not a private individual, its name will be specified in the License
purchase form and it will be the Licensee.
3.6. The License to Use is nonexclusive and all Works in the Site, inclusive of the
Works you use, will be open for the use of others.
3.7. The Site will be entitled to add/remove Works of music from the Repertoire from
time to time at its discretion, and you will bear no claim or demand in this regard.
3.8. The Agreement herein is not such as to limit the Company in any manner from
selling and/or transferring and/or granting Licenses to use any of the Works, in
whole or in part, to third parties, at its discretion.
3.9. The License to Use is valid in perpetuity if the Works have been downloaded
with a valid subscription. The subscription grants access to the Works for one
year and is automatically renewed every year unless you decide to cancel.
Responsibility for cancelling the subscription is yours and you are required to
take the necessary actions in order to cancel your automatic-recurring
subscription payment in your PAYPAL account.
4. You are entitled to cancel the subscription within 14 days from the date of its
purchase and/or renewal and get a refund. By the end of 14 days from the purchase
and/or renewal of the subscription you will not be entitled to cancel the subscription.
To the extent you cancel the subscription within 14 days and get a refund as
mentioned, you will be absolutely forbidden from making any use of any of the
Works you downloaded from the Site during the 14 days period as from the
purchase and/or renewal of the subscription and until the cancellation by you, and
any use of any of the Works which were downloaded during that time will be
considered a violation of the License and a violation of copyrights. Upon termination
of the subscription for any reason whatsoever the Agreement and the License to
Use granted by its virtue will also be terminated. Expiration of the License is not
such as to derogate from your right to continue and use the Works you downloaded
during the time the License was valid, and which you integrated in Projects.
Limitations of Use
4.1. You hereby undertake not to sell and/or transfer and/or share and/or give license
to use and/or allow others to record anew and/or present and/or play in public
and/or copy and/or distribute in any manner any of the Works in themselves,
whether for any consideration or for no consideration. Furthermore, you
undertake not to use any of the Works as a separate file and/or to present it as a
separate file and/or make it available for download as a separate file or at all, in
any manner whatsoever.
4.2. You hereby undertake not to make any use of the Works in themselves, but only
to integrate or synchronize them as part of the Projects. In any engagement with
third parties regarding Projects, you hereby undertake to include an undertaking
of the third parties not to use the Works in themselves and to act to the best of
your ability to protect the Works from being copied or used in themselves.
4.3. You hereby undertake not to use the Works in order to provide service which
competes with the Site, such as a music collection, a music library, a data base
or in any other manner. Furthermore, you hereby undertake not to store and/or
share and/or upload the Works as an independent file to any internet sites
and/or to enable access to them by any third parties, and inclusive of file sharing
sites or social networks (such as YouTube, Facebook, Twitter and so on).
4.4. You hereby confirm that it is known to you that the License granted to you
according to the Agreement herein is nontransferable and it is not possible to
grant sublicenses by its virtue.
4.5. You hereby undertake not to claim ownership of any of the Works, inclusive of
by YouTube content identification.
5. Forbidden Uses
5.1. It is forbidden to use the Works in any manner which is illegal and/or in any other
manner which may damage the artist, the Site’s reputation, or third parties, and
inclusive of in any manner which violates the rights of third parties.
5.2. It is forbidden to use the Works, inclusive of as part of Projects, in context of
violence, or encouragement of violence, pornography and abomination, racism,
hate and discrimination against any person or based on race, religion, sex,
sexual orientation, community or nationality, threats, hurting the helpless,
violating privacy, slander and any other insulting contents. The Site reserves its
full right to determine at its discretion whether a use of a Work constitutes a
violation of this article and you hereby undertake to accept the Site’s decision in
5.3. It is forbidden to use the Works in any manner contrary to court orders and/or
which was forbidden by the provisions of any law.
5.4. It is forbidden to use the Site or the Works in a manner which might damage,
block, cause an overload or harm the Site, the communication networks and any
communication equipment, or to interrupt any other body’s use of the Site. You
are not entitled to try and obtain unauthorized access to the Site, the contents,
other people’s accounts or computer systems or to networks connected to the
Site by any means whatsoever.
5.5. It is known to you that the Site might demand that you immediately cease using
any of the Works in case the Site receives a notice according to which the Work
might be violating any third party rights. To the extent you are notified by the Site
that it is forbidden to use any of the Works, you hereby undertake to cease using
same and to take all the actions required in order to make anyone on your behalf
cease the use mentioned.
6. Exemption from liability
6.1. The Works and the services provided in the Site are provided for use ASIS and
ASAVAILABLE and you will bear no argument, claim, or demand toward the Site
for their suitability for your needs or for their properties.
6.2. The Site does not warrant that the Site’s services will not be interrupted or will
be immune to damage, malfunctions, defects or failures and all in the hardware,
software, communication systems and lines, at the Site or at any of its suppliers.
6.3. The Company will bear no liability in case any of the Works is not available in
the Site, for any reason whatsoever, during the term of the Agreement.
6.4. The Site will bear no liability in any manner to the use of any other additional
contents which you may integrate in the Projects and you will solely bear full and
exclusive liability for using them.
6.5. The Site reserves its right to remove and/or add Works to the Repertoire at any
time at its exclusive discretion and you will bear no claims or arguments in this
6.6. The Site will bear no liability for any direct or indirect damage, pecuniary or
another, which you might incur consequent upon: (1) changes the Site may
make to the Services, all or any of them; (2) ceasing, temporarily or
permanently, the provision of the Services, all or any of them; (3) changing,
adding or removing any of the Services’ characters or properties, all or any of
them; (4) changing, adding or removing any contents from the Site and/or
recordings or Works from the Repertoire, all or any of them.
7. Intellectual property rights
7.1. All the information, the Works and contents included in the Site and the services
offered therein, inclusive of text, illustrations, graphics, sound, graphic
segments, software applications, graphs and photos are protected by copyrights
and intellectual property rights of the Site or of other suppliers.
7.2. The Agreement herein grants you an authorization to use the Site and the Works
in accordance with the provisions of the Agreement herein only and is
conditioned by your undertaking not to make or be involved in the making of any
activities which breach the Agreement herein, and specifically in activities which
cause the violation of intellectual property rights and/or deviation from the
provisions of the License.
7.3. You are forbidden from using the Site name and trademarks and logos which
are in the Site.
7.4. You hereby declare and confirm that you do not and will not have any ownership
and/or intellectual property rights in the recordings and/or the Works and/or the
contents of the Site and/or the Site’s trademarks and its design, and that your
right is restricted to the limited Right of Use granted to you in the Agreement
8. Site’s rights in case of a violation on your behalf
8.1. You hereby agree that any unauthorized use by you and/or by anyone on your
behalf of any of the Works or in a manner deviating from the conditions of the
License herein, constitute a breach of the Agreement as well as a violation of the
copyright laws, and the Site and anyone on its behalf have the full right to
exercise all rights and remedies available to it by law in such case. To the extent
the violation is done by a person other than you but who is under your control,
then you are required to take any possible action to immediately cease the
8.2. The Site will be entitled, at its exclusive discretion and without any prior notice,
to block your access to the Site, temporarily or permanently, in case you violate
to the Site’s regular activity, and you will bear no claim or demand in this regard.
8.3. Without derogating from the above mentioned, to the extent you breach the
Agreement herein, the Site will be entitled to disclose your name and details
known to it about you in any legal proceeding, even without the awarding or a
judicial order so instructing. You hereby undertake to indemnify the Site and
anyone on its behalf for any argument, claim, damage, loss, loss of profit,
payment or expense it may incur (inclusive of lawyer’s fee and legal expenses)
due to your breach of the provisions of the Agreement.
8.4. The Site reserves the right to disclose personal information about you or about
your use of the Site inclusive of the content used without obtaining your
permission, if such as act is essential in order to: (1) obey legal requirements or
comply with orders issued in a legal proceeding or by a competent authority by
any law; (2) enforce the Agreement herein.
9. Nature of the engagement
9.1. You hereby confirm and declare that the engagement between you and the Site
is an engagement between the provider of a license and a licensee and the
parties are not bound in any employee-employer relations and/or in any
9.2. You will not be able to cancel the engagement in the Agreement herein and as
from the moment of engagement you will not be entitled to any refund
whatsoever, unless in accordance with the Site’s exclusive discretion.
9.3. The Site has the right to change the conditions of the Agreement herein from
time to time at its exclusive discretion. Upon making the changes, the new
agreement will be published in the Site and a notice will be sent to you. If you do
not agree to the changes in the Agreement, you must cease using the Site and
downloading Works, for otherwise your continuing the use of the Site and
downloading Works will be considered as accepting the changes mentioned and
they will apply to you in their entirety.
9.4. The Site is entitled to assign and/or transfer and/or deliver its rights and/or its
undertakings according to the Agreement herein, in whole or in part, to third
parties as it may see fit and at its exclusive discretion, and any transferee as
mentioned will be entitled to make a transfer as mentioned to third parties as it
may see fit without having to obtain your consent.
9.5. Upon termination of the Agreement for any cause whatsoever, the License to
Use granted to you by its virtue will expire and you hereby undertake to
immediately cease downloading Works and using them.
9.6. The Agreement herein forms and summarizes all the provisions agreed between
the parties with all that relates thereto and any agreement and/or undertaking
and/or declaration not specifically included in the Agreement herein will not be
valid. You hereby waive in advance any claim according to which the Agreement
was changed and/or amended and/or canceled by conduct or by any
correspondence between you and the Company or anyone on its behalf.
9.7. You hereby undertake to indemnify the Company for any damage and/or
expense it may incur consequent upon any use a Licensee may do of a
recording in a manner contradicting the provisions of the Agreement herein.
9.8. You bear responsibility for payment of all taxes and expenses applying to you
consequent upon the Agreement herein, to the extent such may apply.
9.9. If and to the extent any provision of the Agreement herein is decided by court to
be illegal or unenforceable, it will not be such as to derogate from the validity of
the other provisions of the Agreement herein.
9.10. The laws of the State of Israel will exclusively apply to the Agreement
herein and the jurisdiction to hear any issue resulting from or regarding the
Agreement herein, directly or indirectly, will be given exclusively and uniquely to
the TelAviv Yaffo Court and no other court anywhere else. Without derogating
from the above mentioned, the Licensee hereby agrees that the Site will be
authorized to act according to judicial orders in any jurisdiction.
9.11. You hereby agree that the Site will be able to send you email notices
referring to the Site’s Services and email messages in various subjects, inclusive
of regarding benefits to members of the Site.
such as to derogate therefrom. In case of any discrepancy between the
Agreement herein will prevail.
9.13. Notices according to the Agreement herein will be given in writing and
delivered by hand or be sent by email according to the email address you
specified in the registration form. Any delivery of a notice by email as stated in
the article herein will be considered a lawful delivery.