Copyright ® & TM 2016 Djmixes LLC
IMPORTANT NOTICE - PLEASE READ
Welcome to our website. This site is maintained as a service to our clients. By using this site, you agree to comply with, and be bound by, the terms and conditions of use in the following agreement. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
In either case, you represent and warrant that you are at least 13 years of age. The DJ Mixes Programs (defined below) are not intended for children under 13. You further warrant and represent that you are a resident of a country where the DJ Mixes Programs may be used lawfully.
IF YOU ARE THE PARENT OR GUARDIAN OF AN UNEMANCIPATED CHILD BETWEEN THE AGES OF 13 and 18, AND YOU WISH TO HAVE THAT CHILD UTILIZE THIS WEBSITE, YOU MUST REVIEW AND AGREE TO THE TERMS OF A PARENTAL CONSENT AGREEMENT. PLEASE CLICK ON THE APPROPRIATE BOX BELOW IF YOU ARE A PARENT OR GUARDIAN OF A CHILD TO CONSENT TO YOUR CHILDâ€™S USE OF THIS WEBSITE.
The Agreement grants you the non-exclusive permission to use the proprietary intellectual property (as defined in the agreement) which Djmixes LLC created, developed, owns, and/or has the right to use. The Agreement confers no ownership rights whatsoever in any of Djmixes LLCâ€™s proprietary intellectual property.
Djmixes LLC's proprietary intellectual property may only be distributed, promoted, published, or reproduced by Djmixes LLC and/or Djmixes LLC's authorized affiliates. As stated in the following Agreement, Djmixes LLC retains the right to terminate the Agreement at any time, in its sole discretion, with or without notice.
You further agree and warrant that any registration information that you submit to us is true, accurate, and complete, and you agree to maintain such truth, completeness and accuracy with us at all times.
This Agreement is made with reference to the following facts:
a) Djmixes LLC is engaged in the business of facilitating, at the discretion of its users, the storage and sharing of online content, including music and other digital media. The services include the website www.djmixes.co, any related mobile applications, related players, widgets, tools, software, social features, personalized content, other applications, and any other services now known or later developed by DJMixes (the "DJ Mixes Programs").
b) You desire to: (i) utilize Licensorâ€™s programs to enhance your personal experience with DJ-based music and related content which you understand may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, side-loaded, used in derivative works, or otherwise exploited for any other or any unlawful purposes whatsoever without Djmixesâ€™s prior written consent; and (ii) utilize Licensorâ€™s services to track the response from users to program content that they encounter.
c) The information and materials on this website are preliminary. This is a pilot program. The information and materials on this website are designed to provide users with access to DJ-based music and related content and to facilitate communication between DJâ€™s, social clubs, listeners and others.
d) You understand and acknowledge that the information and materials provided in the DJ Mixes Programs is for your personal education only. Nothing on this website and no representations by DJMixes constitute any advice, recommendation, care or services for the production, distribution or other disposition of DJ-based music and related content. You understand and acknowledge that you should consult with a qualified legal professional, as appropriate, to discuss such matters.
e) You understand and acknowledge that, while every effort is made to protect the information you provide to us as confidential, DJMixes makes no representations that the DJ Mixes Programs are absolutely protected from inadvertent public disclosure. This means that the information and materials you provide to us may be revealed to the public unintentionally without notice. Such disclosure is a risk. By using this website, you agree to accept and assume such risk of disclosure of information.
Terms of Agreement
1.Agreement. This Agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of DJ Mixes Programs (as defined above) and proprietary intellectual property ("IP") and describes the terms and conditions applicable to your access of, and use of, the DJ Mixes Programs. This Agreement may be modified at any time by DJMixes upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://www. djmixes.co /. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2.Term. This Agreement will remain in full force and effect until terminated by either party pursuant to the terms of this Agreement.
3.Voluntary Participation. Use of the DJ Mixes Programs, participation in any program(s) related thereto, and use of the tools provided is completely voluntary. Information and materials contained in the DJ Mixes Programs are provided for convenience and ease of use only and do not constitute an endorsement by DJMixes or anyone else. You understand that by using the DJ Mixes Programs, you may be exposed to material that you may deem to be offensive, indecent, or explicit. However, you agree: a) to use the DJ Mixes Programs at your sole risk; and 2) that DJMixes has no liability to you for material that may be found to be offensive, indecent, or objectionable.
4.Benefits to User(s). Users of the DJ Mixes Programs may upload and access content stored in the DJ Mixes Programs and may access (but not download) content stored in the DJ Mixes Programs, for the applicable fee.
5.Payments. User payments will be charged at the time of registration, and then in advance at the beginning of every month thereafter unless you notify us that you want to terminate your account with us (hereinafter, "Account"). If you wish to terminate your Account, you may do so effective at the end of the last month for which you have paid. You will be charged fees due according to the payment method you have chosen for your Account. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are an authorized holder of such card.
6.Acknowledgment of Present Limitations of the Site and DJMixes's Programs. By entering this
Agreement, you are certifying that you understand, acknowledge and agree that DJMixes, its
representatives, affiliates, officers, employees, agents and assigns are in no way responsible for
any damages arising from your use of the DJ Mixes Programs and any related programs.
You understand, acknowledge and agree that the information and materials on this website are:
1) preliminary and reflect a pilot program; 2) for communication purposes and personal education only; and 3) not intended, and should not be deemed, to provide the user with any copyrighted, trademarked or other protected material of any kind whatsoever.
7.Incorporation by Reference of Other Terms. Your agreement with us also includes the terms of any Legal Notices in the DJ Mixes Programs.
8.Excluded Persons. By entering this Agreement, you are certifying that you:
- a. are of legal age, and have the legal capacity, to form a binding contract with us; and
- b. you are not barred from forming a binding contract or from using in the DJ Mixes Programs under the laws of the United States or other countries, including the country in which you reside, or from which you access in the DJ Mixes Programs.
The in the DJ Mixes Programs are intended for use by persons aged 13 and over. It is not intended for any children under the age of 13.
9.No Guarantee of Continuing Service. You acknowledge and agree that we may stop (permanently or temporarily) providing services, information and/or materials provided by in the DJ Mixes Programs at our sole discretion, without prior notice to you. You may stop using in the DJ Mixes Programs at any time. In the event we cease operation of in the DJ Mixes Programs, you shall be entitled to a refund of the pro-rata portion of fees, if any, paid for any period in which in the DJ Mixes Programs have ceased operation.
10.Accuracy of Personal Information. You may be required to provide personal, identifying information about yourself for use of the DJ Mixes Programs. You represent and agree that any information you provide will be accurate, up-to-date and correct to the best of your knowledge.
11.No Assignment by Licensee Permitted. You are not permitted to enter into this Agreement on behalf of, for the benefit of, or as an agent or representative of any third party. You represent that you are not an agent or representative of any third party. This Agreement is made with the express understanding that the parties hereto are you and DJMixes only.
12.Use Consistent with Applicable Law. You agree to use in the DJ Mixes Programs only for purposes permitted by this Agreement and any applicable law, regulation(s) or generally accepted practices in the applicable jurisdictions. You agree not to engage in any activity that interferes with, or disrupts, in the DJ Mixes Programs (or the servers and networks related to the Site). You further agree that you are solely responsible for any breach of your obligations under this Agreement and for any resulting loss(es) or damage(s) of any such breach. You agree that you will not reproduce, copy, duplicate, sell, trade, resell or otherwise dispose of any information or materials on in the DJ Mixes Programs without express written consent from DJMixes.
13.Indemnification. You specifically agree to indemnify, defend, protect and hold harmless DJMixes, its agents, partners, representatives, affiliates, officers, directors, owners, employees, shareholders, attorneys, heirs, executors, administrators, principals, successors, predecessors, associates, parents, servants, subsidiaries, insurers, affiliates, persons, firms, advisors, investors, lenders, shareholders and subcontractors from any liability, loss, claim, lawsuit, cost, expense, lien, action, administrative, governmental, or other regulatory proceeding, or any other assertion requiring adjudication (including, without limitation, any actual or threatened third party claim) including, without limitation, expenses, costs and reasonable attorneyâ€™s fees, related to or arising out of : (a) your breach of this Agreement; (b) anticipated breach of this Agreement; (c) your use of in the DJ Mixes Programs; (d) any third party claim of infringement or misuse of intellectual property; and (e) any third party claim of lien. Licensee further understands and acknowledges that Licensee will be solely responsible for the defense, settlement and/or payment of any claims as provided herein. The provisions of this Section 11 shall survive termination of this Agreement.
14.Passwords. You understand and agree to be solely responsible for maintaining the confidentiality of any passwords provided by DJMixes to you. As such, you agree that you are solely responsible for all activities performed using the password(s) provided to you. If you become aware of any unauthorized use of your password, you agree to notify DJMixes immediately through our websiteâ€™s main e-mail address (firstname.lastname@example.org).
15.Content Screening. DJMixes reserves the right, but not the obligation, to screen, review, filter, modify, identify, flag, or remove any or all information provided by you in the DJ Mixes Programs. DJMixes agrees not to engage in any form of unlawful discrimination when or if such rights are exercised. DJMixes reserves the right to take any steps it believes are reasonably necessary and/or appropriate to enforce and/or verify compliance with any part of this Agreement.
16.Explicit Content. Any and all content associated with the DJ Mixes Programs may contain content that may be considered inappropriate for individuals under the age of 18 years old. This content may include lyrics, speech, images or other content that includes intense language or depictions of sex, violence or drug use/abuse. Parental discretion is advised for any and all individuals using the DJ Mixes Programs under the age of 18 years old.
17.Grant of License to DJMixes for Materials Placed in the DJ Mixes Programs by You. To the extent you hold a copyright or other legal protection for any materials provided to DJMixes or to the DJ Mixes Programs, you hereby grant DJMixes an irrevocable, worldwide, royalty-free and non-exclusive license in perpetuity to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any protected materials and content you provide. For any content or material you provide to us or upload to any of the DJ Mixes Programs and without limitation, you represent and warrant that each and every part thereof is an original work by you, or you have all of the full and necessary legal rights and authority, including but not limited to, any applicable copyright(s), rights of attribution, rights to credit, neighboring rights, moral rights, or any other intellectual property or proprietary rights, performers' rights, rights of privacy or publicity, and/or rights in confidential information in order to use and to authorize DJMixes to use or grant DJMixes the licenses in and to, the content on behalf of yourself and any composers, publishers, authors, or other third parties. You further represent and warrant that you possess all necessary consents, permissions, licenses, and/or releases from any and all individuals appearing in any of your content or materials in order to include their name, voice, performance, composition, or likeness in the content and materials and to publish and distribute the same on or in the DJ Mixes Programs. You warrant and represent that any use of your content and/or materials will not violate any laws or the rights of any individual and that DJMixes shall not be obligated to compensate you or anyone else, including, without limitation, any third parties for any content and/or materials that you place in or on the DJ Mixes Programs. You additionally represent and warrant that any content and/or materials that you place in or on the DJ Mixes Programs will not contain any inaccuracies, misrepresentations, false information or deceptive matter or any unlawful, obscene, patently offensive, defamatory, libelous, threatening, sexually explicit, harassing, hateful, racially or ethnically offensive, violence-inciting, or reasonably objectionable or inappropriate content and or materials that could damage the DJ Mixes Programs, DJMixes or any third party. You further ensure that your content and/or materials do not provide material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or any other applicable statute, regulation, or rule and that your content and/or materials do not contain any unsolicited or unauthorized advertising, promotional messages, mass email, spam or any other form of solicitation involving commercial activities without DJMixesâ€™s prior written consent.
Pursuant to the Digital Millennium Copyright Act (17 United States Code 512(c)(3)), if you believe your work has been copied in a way that constitutes copyright infringement, you agree to submit to DJMixes within 48 hours a notice containing all of the following information:
- a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- b. A description of the copyrighted work that you claim has been infringed;
- c. A description of where the material that you claim is infringing is located in the DJ Mixes Programs;
- d. Your address, telephone number, and e-mail address;
- e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- g. Our Copyright Agent for Notice of claims of copyright infringement in the DJ Mixes Programs is Ulwelling Siddiqui LLP, who can be reached as follows: Ulwelling Siddiqui LLP
695 Town Center Drive, Suite 700
Costa Mesa, California 92626
Telephone number: (714) 384-6650
E-mail address: email@example.com
18.Termination of Agreement. DJMixes reserves the exclusive right to terminate this Agreement without notice upon any material breach by you of this Agreement. This Agreement may be terminated by either party at any time upon written notice. Upon termination of this Agreement, you must immediately stop using the DJ Mixes Programs and any associated IP.
19.Exclusion of Warranties/Assumption of Risk. You understand and agree that your use of the DJ Mixes Programs is at your sole risk, and the DJ Mixes Programs and its related information and materials, are provided "as is" and "as available." No warranty, express or implied, applies to your use of the DJ Mixes Programs or DJMixesâ€™s programs generally, except as otherwise provided by applicable law. Specifically, DJMixes makes no representations or warranties concerning:
- a. Whether or not the DJ Mixes Programs will meet your requirements;
- b. Whether your service will be uninterrupted, timely, secure or free from error;
- c. The accuracy of any content on the DJ Mixes Programs; and
- d. Any other aspect of DJMixesâ€™s services, the DJ Mixes Programs, or the content related thereto, whether express or implied.
If there is any dispute between users of DJMixesâ€™s services, the DJ Mixes Programs, or the content related thereto, or between a user and any third party, you understand and agree that DJMixes is under no obligation to become involved in any manner. In the event that you have a dispute with one or more other users, you hereby and forever release DJMixes and, its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the DJMixesâ€™s services, the DJ Mixes Programs, or the content related thereto.
20.Limitation on DJMixesâ€™s Liability. AS STATED HEREIN, BECAUSE THE INFORMATION IN THE DJ MIXES PROGRAMS IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, YOU AGREE THAT USE OF THEM IS AT YOUR SOLE RISK. DJMIXES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE DJ MIXES PROGRAMS SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL DJMIXES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR DJ MIXES PROGRAMS USE.
21.Ownership. All content used or included on and/or in the DJ Mixes Programs and the functionality thereof (including, without limitation, the related internet domain name(s), the text, software, scripts, source code, graphics, photos, interactive features and similar content, the trade secrets, trademarks, trade names, service marks and logos contained therein) is, and shall continue to be the property of DJMixes or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, reproduction, transmission, broadcast, display, sale, license, modification, adaptation, sideload, derivative or other use or publication by you of any such content or any part of the DJ Mixes Programs is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the DJ Mixes Programs. Certain material and/or content on and/or in the DJ Mixes Programs include content, materials, products, resources, and services from third parties. DJMixes has no control over such third parties and their materials, and, as such, you agree that DJMixes does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree to assume full responsibility for such materials when you access third party material(s) or follow any links that lead you to any third party websites.
22.Trademarks."DJ Mixes" and the logo(s) and artwork related thereto are either trademarks or registered trademarks of DJMixes. Other product and company names mentioned in the DJ Mixes Programs may be trademarks of their respective owners.
23.DJ Mixes Programs Use. DJMixes grants you a limited, revocable, nonexclusive license to use the DJ Mixes Programs solely for your own personal, private, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the DJ Mixes Programs, reverse engineer, decompile, disassemble, tamper with, modify or break into the DJ Mixes Programs, or use materials, products or services in violation of any law. You further agree not to interfere with or damage the DJ Mixes Programs in any way, including, but not limited to, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You agree not to disable, circumvent or otherwise interfere with, any security related features existing on or in the DJ Mixes Programs. You additionally agree not use any automated means, including bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or similar means to download, access, aggregate, repurpose, or otherwise make use of any content or materials on or in the DJ Mixes Programs for any purposes. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of any of the DJ Mixes Programs. The use of the DJ Mixes Programs is at the sole discretion of DJMixes which may terminate your use of the DJ Mixes Programs at any time. The license granted herein may not be transferred, assigned or otherwise assumed by any party other than you, except by written consent of DJMixes. Notwithstanding the foregoing, DJMixes may grant public search engines permission to use spiders to copy materials from DJ Mixes Programs for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree to notify DJMixes in writing immediately upon becoming aware of any unauthorized access or use of the DJ Mixes Programs.
24.Use of Information. DJMixes reserves the right, and you authorize us, to use and assign all information regarding DJ Mixes Programs use by you and all information provided by you in any manner consistent with the terms of this Agreement and applicable law.
25.Protection of Trade Secrets. While using the DJ Mixes Programs, you may be exposed to Licensorâ€™s methodology, trade secrets, and "know-how." You agree to use your best efforts to guard any such information from unauthorized access, dissemination, distribution, or duplication. Where practical, such information will be labeled as "Sensitive," "Confidential" or something similar.
26.Permission Regarding Communication Preferences. DJ Mixes may send you communications to the e-mail address associated with your account. These communications may include, but are not limited to, recommendations, special offers, and other messages. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from such applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the DJ Mixes Programs, you hereby expressly consent to the receipt of all such communications from or on behalf of DJMixes. With the exception of communications related to payment of any fees and account-related matters, you may modify your communication preferences at any time by following the applicable instructions.
27.Prohibition Against Business Use. Use of the DJ Mixes Programs in a business establishment requires a special license not provided under this Agreement. You are not otherwise authorized to use any of the DJ Mixes Programs in any business establishment without the express written consent of DJMixes, which authorization you must specifically request in writing. ANY BUSINESS USE OF THE SERVICES NOT SPECIFICALLY PERMITTED HEREIN IS STRICTLY PROHIBITED AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR RIGHT TO USE THE DJ MIXES PROGRAMS.
28.No Joint Venture/No Employment Relationship Created. The parties hereto mutually understand and agree that no employment or joint venture relationship is created between the parties under this Agreement or otherwise. The parties do not have, and cannot exercise, any control or direction over the methods and practices used by the other party.
29.Dispute Resolution. Except as otherwise set forth herein, any claims, disputes or disagreements that arise as a consequence of this Agreement, the DJ Mixes Programs or the products or services provided under this Agreement (individually a "Dispute" and collectively, "Disputes") will be decided through the mediation and arbitration procedures as set forth below. BY EXECUTING THIS AGREEMENT, LICENSOR AND LICENSEE AGREE TO BE BOUND BY THE PROVISIONS SET FORTH HEREIN.
- a. Mediation. Except for Licensorâ€™s right to seek equitable relief and other legal remedies (at its election) to enforce Licenseeâ€™s obligations under this Agreement, actions in small claims court or disputes that have already been mediated, Licensor and Licensee agree to submit any and all disputes to non-binding mediation before commencing arbitration. The cost of mediation shall be split between the parties. Each party to the mediation shall bear its own attorneysâ€™ fees and costs in connection with such mediation.
- b. Arbitration.
- i. Agreement to Arbitrate. Subject to the foregoing, Licensee and Licensor shall resolve any Dispute not resolved as provided above through binding arbitration in the County of Orange, California (the "County"). Each party to the arbitration shall bear its own attorneysâ€™ fees and costs in connection with such arbitration.
- ii. Rules Applicable To All Cases. The arbitration will be conducted by Judicate West in accordance with any commercial dispute resolution rules of Judicate West in effect as of the initiation of the arbitration.
- iii. Attorney Fees. The prevailing party in any action brought under this Section 24(b) shall be entitled to reasonable attorneyâ€™s fees, as determined in the arbitratorâ€™s sole discretion.
30.Waiver. No action of Licensor, other than an express written waiver, may be construed as a waiver of any provision of this Agreement.
31.Further Cooperation. Each party to this Agreement shall deliver such further documents and instruments, and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
32.Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern our agreement and any dispute that may arise between you and DJMixes or its affiliates, if any.
33.Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
YOU MAY CONTACT US AT:
DJ Mixes, LLC
1528 West Melrose
Chicago, Illinois 60657
Telephone number: (773) 550-4846
E-mail address: firstname.lastname@example.org