Terms of Service
These Terms of Service (hereinafter: Terms) constitute as a binding agreement between Webcode LTD, an Israeli company whose main address is P.O.B 3220, Akko 24132, Israel - Fax - +972-3-9155798 (Hereinafter: Company) and Yourself (Hereinafter: You), the person who is using Company's services. These terms and conditions are set forth in order to regulate your activities in Company's website and unless you agree to these terms you shall not have any right to use any of company's services under this Website.
The Terms brought forth consist of several parts:
The First part describes the services brought under this Agreement and Company's permission to modify them, amend the terms, discontinue the service and the parties' rights to terminate these Terms.
The Second part describes Your obligations and rights under this Agreement. This part consists of several subsections: the first describes your rights and duties as a Radio Manager (Hereinafter: Radio Manager), including your commitment not to broadcast copyrighted content unless you paid royalties directly to the copyright owners or their representatives; the second describes your rights and duties as a Premium Radio Manager (Hereinafter: Premium Radio Manager), using our Shoutcast or Icecast server (hereinafter: Shoutcast); the third describes your rights and duties as an Disc Jockey (Hereinafter: DJ), and lastly the forth describes your duties as a Listener (Hereinafter: Listener).
The Third part is the Company's privacy policy. This section describes the information and data stored at Company's servers and third party servers and allows you to know what personal and non-personal information is being stored.
The Fourth part is the extensive copyright policy. It explains your commitments and duties and creates a takedown mechanism in order to assist us to protect copyrighted material, it also allows the users to listen to streams as these may be in the Radio Manager's copyright.
The Fifth part is the company's 3rd Party content section, which explains that this site may contain content and webpages from 3rd parties, including advertisements, marketing content, 3rd party statistic services and others.
The Sixth and final section is the General terms section, it disclaims all liability from Company and explains that their services may be subject to further conditions. This section also determines an Arbitration mechanism and explains that all legal procedures will be made under the laws of the State of Israel and via Arbitration.
Please read the following Terms carefully, as they may affect your use of the website. Please also note that these terms may be amended from time to time and that we may amend them without notice, and therefore You will have to check this page often to check for amendments.
Services: Company provides a Platform for Radio Managers and Premium Radio Managers to transmit and publish streaming media and/or radio channels and allows Registered Users and Users to listen to such audio streams (Hereinafter: Platform). This Platform is given partially free of charge and partially against fees explained under this agreement, and on an AS-IS basis.
Term: These Terms are in effect from April 1st, 2008 and shall remain in effect until Company shall terminate, amend of modify them, Company may amend, modify or terminate these terms for all users and/or for specific users without any notice and you shall have no claim whatsoever as to such amendment, modification or termination.
Termination of Service: Company may discontinue platform at its sole discretion and may terminate service without notice. You disclaim cCompany and hold cCompany harmless from any liability and/or loss of data or profit due to such termination.
General Practices - You acknowledge that Company may establish general practices and limits concerning use of the Content and storage or transmission thereof, including, without limitation, the maximum number of users or bandwidth, the maximum or minimum quality of any stream that may be sent from or received by an account on the Platform, the maximum disk space that will be allotted on Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store or Transmit any Content and other communications or other Content maintained or transmitted by the Platform. You acknowledge that Company reserves the right to log off sessions that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Your Duties, Obligations and Rights: By registering as a Listener, DJ or Radio Manager, you shall provide Company with accurate, true and comprehensive information according to the values fields required in the registration form. You may change such registration information at any time and from time to time, and You warrant to maintain such contact information relevant and accurate. You shall provide company with a valid email address in order to verify your User Account (hereinafter: User Account). You shall keep your User Account information, including password and other login information in utmost secrecy and shall be liable to any damage, direct or indirect arising from misuse of Your User Account. Should you find that any personal information regarding your User Account was violated or disclosed, you will, immediately and without any delay notify Company of any unauthorised use of your password and User Account and take the best care in order to ensure that no other party shall use your User Account. You shall be solely liable for any exchange of private information with 3rd parties and Users of Platform and You are hereby warned not to disclose any information to 3rd parties or Users which may be considered Sensitive Data or Personal Information according to any state regulations. You are hereby discouraged from exchanging personal information and are warned from meeting Users who you met through Platform. You are hereby warned from providing any User or 3rd Party any contact information, including but not only, phone number, email address, personal address, work related information or any other information which may be assist in personally identifying you.
General Use - You shall use Platform in a bone-fide manner and will avoid utilising it in order to mass message any User or 3rd Party. You will not solicit any person into using Platform in a disturbing manner and will not use application to stalk or harass other Users. You may not use Platform in order to promote sex, escort or dating services.
Personal Use, No Conveying of Rights - Your User Account is for your own personal use only. You may not transfer, sell, convey or otherwise grant any right of use in Your User Account without written permission from Company.
Means of Conduct - You will use Platform and operate in a moral and legal way, any will not use Platform for any of the following: (i) Profanity, Obscenities, Sexual Context and Content, Pornographic display or conduct, initiate sexually oriented proposals to minors and/or Users which may be offended by such conduct (ii) Initiate requests with sexual orientation, including promotion of dating services and escort services. (iii) Slander or Defame any User or offend, threaten, insult, harass or disturb any User without their prior written consent. (iv) Promote illegal activity, including conspire and/or gang against other Users (v) initiate any activity involving games of luck, or gambling or promotional competitions involving prizes not affiliated with Company (vi) Publish Copyright, Trademark and Patent infringing materials (vii) Publish Personally identifiable information, either of Yourself or of Other Users (viii) initiate political, social, racial, religious or any other intolerant speech (ix) involve Pyramid Schemes and/or Chain mails (x) Provide links for any commercial and/or promotional business of third 3rd parties (xi) use of any obscene Username (xii) Any request for any other User's personal User Account Information (xiii) Initiate Scams (xiv) repetitive posting of messages (xv) injecting or posting any malicious computer code or binary or any torjan horse, cross site script and malware (xvi) any false description or appropriation as for your affiliation as Company's staff or representative (xvii) any unlawful material or material requiring governmental authorisation for transacting information. (xviii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted or requested (xix) Publish or transmit any Content that you do not have a right to publish or transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xx) interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform; intentionally or unintentionally.
Notification and Removal ? You will notify Company, immediately, should you encounter any Content or Conduct in violation of clause 2.3 and Company shall examine and inspect its adherence with these Terms of Service. You must understand, however, that this examination does not compel Company to remove any Content, nor will it create Liability on Company. Company shall, upon a legal subpoena, supply you with the details of any person posting Content or acting not in accordance with clause 2.3 which caused you damages. You agree not to hold Company liable for any damage and to only initiate legal proceedings for this cause and award. Any claim against Company for any liability arising from Users' violation of clause 2.3 is hereby
Radio Manager:
Any Radio Manager shall download a plug-in for its Winamp or any other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with Radio Manager's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform and Website.
Any Radio Manager shall receive a unique Stream ID (Hereinafter: Stream) which will be used in order to publish audio content via Platform.
You may, at your sole discretion and responsibility, allow Djs to perform or publish content via your Stream. You shall bear all payments in regards to Copyrights, Royalties and/or other fees required to allow the use of Streams by 3rd Parties or Users.
You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means.
Upon registration as a Radio Manager, You shall notify Company whether You have registered and paid all relevant royalties. Should you claim to pay all royalties, you shall be allowed to perform copyrighted material according to your arrangements with 3rd Parties regarding use of their copyright.
We recommend to use CC-licensed music, CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work with the freedoms they want it to carry. Several sites offer music published under Creative Commons flexible copyright licenses. for more info, you can visit
. Please check out the terms of each song license before you use/stream it.
You may only use Platform and Stream via Company's website and shall not, by any manner, circumvent Platform's protection of stream.
You hereby grant Users an irrevocable license to display and perform your Content via your stream according to clause 4 to this agreement.
As a Radio Manager, you may be subjected to Private and/or Personanl Information of User and/or Listeners. You shall not disclose this information and/or use it for any cause other than utilising and optimising performance of your Stream and/or selling or advertisements over stream to third parties.
Premium Radio Manager:
Should you wish to register as a Premium Radio Manager, you shall provide Company, alongside any other information provided, your PayPal account or other credit card and payment meaninformation, including your full address and other information to be used according to Company's Privacy Policy.
Any Premium Radio Manager shall download a plug-in for its Winamp or other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with Radio Manager's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform, Website or directly via Shoutcast according to the Premium package selected..
Any Premium Radio Manager shall receive a unique Stream ID (Hereinafter: Stream) which will be used in order to publish audio content via Platform or Shoutcast.
You may, at your sole discretion and responsibility, allow Djs to perform or publish content via your Stream. You shall bear all payments in regards to Copyrights, Royalties and/or other fees required to allow the use of Streams by 3rd Parties.
You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means.
Upon registration as a Radio Manager, You shall notify Company whether You have registered and paid all relevant royalties. Should you claim to pay all royalties, you shall be allowed to perform copyrighted material according to your arrangements with 3rd Parties regarding use of their copyright.
You shall not, by any manner, circumvent Platform's protection of Streams.
You hereby grant Users an irrevocable license to display and perform your Content via your stream according to clause 4 to this agreement.
Company may, from time to time, determine rates and plans for use of Platform (hereinafter: Rates) and shall notify You upon and change of rates. You shall adhere to Company's rates and may terminate your use of Platform should you disagree on Rates. You acknowledge that Rates do not cover royalties for 3rd parties and do not count as payment for use of Copyrighted material.
As a Premium Radio Manager, you may be subjected to Private and/or Personanl Information of User and/or Listeners. You shall not disclose this information and/or use it for any cause other than utilising and optimising performance of your Stream and/or selling or advertisements over stream to third parties.
DJ
Any DJ shall download a plug-in for its Winamp or other compatible Software or any other equivalent software supported by Company's Platform. The plug-in shall interface with DJ's software and shall submit audio directly through Company's Shoutcast Server to unlimited number of Users via Platform and Website.
Any DJ may, upon the request of any Radio Manager, including Premium Radio Managers, use Stream and or Platform to publish, transmit or otherwise convey information via Stream or Platform.
Listener
Any User, either Registered as a Listener and/or as any other Registered User and/or unregistered Users, shall be granted a right to listen to Streams via Company's Platform and/or Website. However, User may only listen to stream via browser on Company's website and shall not use any service or code to utilise Stream outside of it.
You will not use any technological method, code, circumvention or machinery to block the display of 3rd Party advertisements via Company's Website.
You understand that by using the Platform, you may be exposed to Content that is offensive, indecent, violates copyright, trademarks or patents or objectionable. Under no circumstances will Company be liable in any way for any Content.
Listener may, upon his choice, use the following services offered by Company, all with accordance to these Terms and with special regards to clause 2.3 to these Terms. Please note that some of these uses may be subjected to prior filtering and/or screening by either Users, Listeners and/or administrators on behalf of Company:
Publish Comments to any other Content on Platform or Website, should it be allowed and available;
Blog and post notes on a specific dedicated webpage;
Rate Other User Contents;
Chat with Other Users;
Upload photos to a Photo Gallery;
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Company or submitted to Company.
Privacy Policy
Policy: Company values users' and websites' privacy and therefore has set up this extensive Privacy-Policy in order to notify you when is data stored, what is being processed and what is being disclosed to our clients, which are the websites you visit, in order to allow them better services to you, as a client.
Though Company is not a US based organisation, its privacy policy is in strict compliance with the US Export Authority's Safe Harbour Principles (
) and is in full and strict compliance with all Israeli privacy regulations.
Data Collected: Company collects data about user activity in Website and Shoutcast Streams brought by Company including aggregated non-personal information, personal information and clickstream information. This information will only be shared with our affiliates1 according to this Privacy Policy
Data not collected: Company is working with accordance to international regulation and EU standards of privacy and therefore shall never retain or request and information regarding ethnic origin, political opinions, religious or philosophical beliefs, trade-union or political party membership, personal health, personal sexual preferences or personal sex life. Company shall never retain or request data regarding exact name, personal financial transactions. You should immediately report the privacy officer at Company should you encounter any person or electronic service claiming to receive such information.
Personal Data: Company retains information which canmay identify with specific references to personal preferences and interests.
Nonpersonal Data: Company retains non-personal information including, but not only, identifying the computer you are browsing from, your IP address, your session time, your visiting preferences in our website and your visiting time to each webpage.
Collection of Data: Both non-identifiable personal and nonpersonal data are collected in the same manner: when You browse our Wwebsite, both a cookie is placed in your computer and we Company logs all traffic from Your IP; A Cookie is a small text file placed on your computer by your browser which identifies you as a specific user. This cookie identifies you with ourCompany's servers and allows usCompany to log which pages have you visitedidentify You as, what you preferred to see in these pages, what content were you looking for and other information which may be able to assist us Company in understanding needs and preferences.
Data Erasure: Cookies are stored on yYour computer for a period of 24 hours and will automatically be erased if you have logged out of our Platform.
Use of Data: Some of the Djs or, Radio Managers or Listeners may be subjected to Personal Information and/or Collected data, including, but not only, IP addresses, User Account names and other information which may be used to provide You with Better Service. You must adhere to a privacy policy which complies with either a EU Member State regulation or the US Safe Harbour regulation in order to receive information from Company.
Security: Data is collected and stored on ourCompany's own servers or servers of 3rd parties operating on our behalf. Our Company's records which include stored data will not be disclosed to any party unless we are compelled to do so by a judicial order or law; We Company shall use our best efforts to protect this database from any malicious activity. and we request our affiliates strict confidentiality regarding use of the data disclosed.
Removal of data: You may view your user profile at any time and send us comments regarding incorrect user information stored at our database; these requests should be made by email to this address:
You may also request to remove all personal data stored on our servers relating to direct marketing. However, you must understand that as data retention is being made by automated computer processes, aggregated non-identifiable information can not be erased. Should you request to remove all personal information stored about you, please email us to this address:
We may refuse to remove, disclose or amend data where you have not supplied us with sufficient evidence as to the identity of the requesting party. As we take care for the privacy of others, including users who share the same internet connection and/or computer, it may cause grave harm to disclose personal information without such identification.
Also, we may retain data or refuse to amend it where such amendment was technical and redundant, jeopardizes the privacy of other parties or users, including trade secrets and intellectual property or amendments which require major technical efforts which are not in proportion with the benefit from amending the data.
Accountability: As our users' data is valuable to us, we have appointed a privacy officer in-charge of the execution of this privacy policy. If you feel that your privacy and rights according to this privacy policy had been violated, please contact us at Privacy Matters, Webcode Ltd. P.O.B 3220, Akko, 24132, Israel - Fax +972-3-9155798 or at
We shall take the best of means to assure that your data shall be retained and processed by the best of means and that every dispute shall be taken care of and resolved. Our privacy officer shall compile quarterly reports regarding privacy complaints and violations and provide details as to actions taken and remedies.
Dispute Resolution: Any dispute arising by breach of this privacy policy which was not handled by our privacy officer may be brought to the proper regulatory authorities for inspection. We shall provide full cooperation should it be necessary.
Copyright Policies
Content: You, as well as other Users, may upload, share and publish your Content, including, but not only, audiovisual materials, audio recordings, texts and interpretation of texts, and other creative content (Hereinafter: Content) via Platform. In order to do so, You warrant that any content shared or Used by you on Platform or Application is owned by You in whole and that you have the full copyright for Content, including permission to allow redistribution of that content, including any derivative works for any means.
We recommend to use CC-licensed music, CC offers free copyright licenses that anyone can use (without a lawyer) to mark their creative work with the freedoms they want it to carry. Several sites offer music published under Creative Commons flexible copyright licenses. for more info, you can visit
. Please check out the terms of each song license before you use/stream it.
License: You hereby grant Company and Users of Platform a royalty-free, non-exclusive right to listen but not record, save, reperform or download , use, reperform or download Content or any part thereof shared by you on Platform. You hereby state that you obtained all relevant rights and copyrights to content shared by you and that you permit any use of content via Platform for its operation and use.
Copyright Infringement: Any use of Content not according to this clause 4 to these Terms shall be constructed as Copyright Infringement and you undertake to compensate Company for its damages and for any other revenue generated to You, or any other 3rd Party, from such Copyright Infringement.
No Liability: You understand that all Content provided by you, whether publicly posted or privately transmitted, are at your sole responsibility. Company does not control the Content posted via the Platform and, as such, does not guarantee the accuracy, integrity, or quality of Content. You commit to not use the Platform to convey, post, publish, or otherwise transmit any Content that is violation with Clause 2.43 of these Terms. You are solely responsible for any posting of Content, and agree to indemnify Company for any damage arising from such activity violating any laws or terms of service.
Prescreen: You acknowledge that Company cannot pre-screen all Content, but that it shall have the right (but not the obligation) in their sole discretion to refuse or move any Content or User Account that is available via the Platform. Company shall have the right to remove any Content or Account that violates these Terms or is otherwise objectionable.
Disclosure of Content: You acknowledge and agree that Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Company, its Users, and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Harmless: You agree and warrant to hold Company and Users harmless and to immediately indemnify Company or Users for any claim of copyright infringement, trademark dilution or patent infringement for any use of Content according to these Terms. You also agree to indemnify Company and/or Users for any 3rd party lawsuit for Copyright infringement due to their use of Content made available by You.
Cease and Decist: Company values others copyright, and therefore shall comply with all state regulations regarding 3rd party copyright. Should you encounter any Content which you believe to be in violation of Copyright Laws and you are the sole owner of, Please file a copyright infringement complaint at our Copyright officer:
; Our copyright officer shall examine your complaint and shall forward it to the user who published said Content for his answer. Should Your complaint be false, harassing or in order to prevent legal use of service, you shall bear all liability to compensate the Radio Manager and/or User which you reported as infringing copyright.
Third Party Content and Advertisements
Advertisements: Company may, at its own discretion and for its causes, include within Platform or Application any links for 3rd party websites, advertisements or links for applications (Hereinafter 3rd Party Content). Company does not warrant for 3rd Party Content or availability thereof nor does it endorse it. Company shall not be held, or claimed to be held, liable for any 3rd Party Content, its legality or illegality, its adequacy with regulations and its quality.
No Blocking of 3rd Party Content: You hereby warrant not to use any software, plugin or any other mechanism to block any third party content displayed on Company's Website or Platform, You hereby agree to compensate Company for any loss of income due to Click Fraud, blocking of 3rd Party advertisements and/or 3rd Party Content.
General
No Liability: For no case and for no reason shall Company be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to You, any User or any 3rd party due to its misperformance of duties herein. Company supplies Platform on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including damages to: virtual property, reputation and business reputation, User Account information including login information, loss of profit, loss of good name, all resulting from the Use or inability to Use Platform or services rendered by Company.
No Warranty - Company does not warrant for Platform and supplies it on an ?as-is? and ?as-available? basis. Your Use of Platform is at your own risk and under your liability. Company makes no warranty that (i) the service will meet your requirements and (ii) the service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the Use of the platform will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through Platform will meet your expectations, or (v) any errors in the software will be corrected.
All Risks: Any software element or digital file downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or damage to computer machinery results from the download of any such material. No advice or information, whether oral or written, obtained by you from Company and/or through or from Platform shall not create any warranty not expressly stated in the TOS.
Indemnification: You agree to hold Company harmless and to indemnify Company for any lawsuit brought against it by You, Your successors or any other party on your behalf in contradiction to clauses 6(2) & 6(3); You also agree to indemnify Company for any damage, whether direct or consequential arising from any breach of this agreement, including injection of malicious code, misrepresentation of copyright, trademarks or patents or any other breach of this agreement against any other Users.
No Supervision: Any supervision of user conduct by Company does not create liability whatsoever and is for statistical purposes and in order to monitor user behaviour in general. Company shall not be held liable even if it knew and had to know about a certain User's conduct or breach of this agreement.
Personal Policies: Company may retain data according to the Privacy Policy herein; Data is retained and processed according to company regulations in order to perform services under these Terms; However, company shall not be liable to any damage occurred, direct or indirect, due to any breach of information security with regards to these procedures nor would Company be liable to any loss of data occurred from them.
Amendments: Company may amend, from time to time, these Terms and may, or may not, notify you as these amendments are made. Should you decide that any amendment in these Terms do not constitute as your understanding with Company, you may, at your own will, terminate these Terms and terminate your User Account. All Content shared shall remain stored on Platform and shall be used according to Company Policies and amended terms of service. In no case will these Terms have any retroactive change nor would they apply on Your conduct without your consent, therefore you undertake to examine, from time to time, any amendments in these Terms.
Termination: Company may, at its sole discretion, terminate these Terms, Platform, Application or any other service rendered by it due to any reason, for any User, including You, or with no reason at all or for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the understandings or spirit of the Terms. Company may also, in its sole discretion, and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any 3rd party for any termination of your access to the Service.
Notices: Any notice sent to You according to this agreement will be made through means of electronic messaging, either by your Email supplied to Company or by any internal messaging mechanism. Any notice or request you wish to make according to this agreement shall be made via electronic mail to
Entire Agreement, Waiver: This Agreement constitutes the entire understandings between parties and will only be amended in writing. No Company's waiver to perform any of its rights under this agreement shall constitute amendments of it.
Governing Laws, No Class Action: These Terms shall be governed by the laws of the state of Israel, including their conflict of laws. You undertake not to initiate any class action, for any reason, against Company and to claim your damages only according to this agreement.
Arbitration: Any conflict arising from this agreement shall be brought to An agreed Arbitrator, assigned to by Parties with expertise with Copyright, User Generated Content and Legal matters regarding the Internet. Should Parties fail to find an agreed arbitrator, the chair of the Israeli Bar Association shall appoint one. This Clause is a valid arbitration clause and Parties are aware of such consequences. The Arbitrator shall not be subjected to the procedural and evidence laws, but shall be subjected to the material law.
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