by Michael Bordash
on 2002-08-16 23:08:53
This site of The Internet DJ at www.internetdj.com is fully controlled and operated by Dashboard Media, LLC. ("InternetDJ"). By accessing and using this site, you are hereby agreeing to be legally bound by the terms and conditions of InternetDJ. If you do not agree with all of the following terms and conditions, please do not use this site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on September 11, 2001.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio-clips, video- clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of InternetDJ and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. InternetDJ hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party Web site) without the express prior written consent of InternetDJ. Use of InternetDJ and/or its licensors' Material is only permitted with express written permission. You further agree that you will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
USER SUBMITTED MATERIALS AND EMAILS
To the extent that portions of this Site provide users an opportunity to send my email materials, information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of InternetDJ. In no event shall InternetDJ assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
You hereby authorize InternetDJ to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, InternetDJ will have the right to use and change the Postings in any manner that InternetDJ may determine.
InternetDJ does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties that is or may be displayed or distributed throughout our website. Users acknowledge that any reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS, AND OTHER ACTIVITIES InternetDJ provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes, and electronic postcards by InternetDJ and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
InternetDJ is not responsible or liable for any infections, tamperings or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INTERNETDJ, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY INTERNETDJ OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall InternetDJ's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by InternetDJ, its subsidiaries and affiliates of the opinions or views expressed by these third party Web sites and InternetDJ does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, InternetDJ is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither InternetDJ nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, InternetDJ will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
You agree to indemnify, defend, and hold harmless, InternetDJ, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. InternetDJ reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with InternetDJ in asserting any available defenses.
InternetDJ operates and controls this Site from its offices at 17 State Street, 12th Floor, New York, New York 10004, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.
Purchases of Song Downloads
Agreement to Pay. You agree to pay for all songs that you purchase through the Service. If any of your billing information changes, you are responsible for updating the information in the applicable section of your account. You are responsible for any charges on your account that are incurred by any person through your account, and you are solely responsible for keeping your account secure and confidential.
Sales to End Users Only. InternetDJ sells products to end user customers only, and not to music dealers, exporters, wholesalers, or any other businesses with an intent to resell.
Right of Refusal. InternetDJ reserves the right to refuse Service or sale of songs for any reason, to any End User.
Right to Change Prices and Product Availability. Prices and Availability of Products (e.g., songs and Materials) offered through the Service are subject to change at any time. InternetDJ does not provide price protection or refunds in the event of a price drop or promotional offering.
Each Digital Download is an Individual Sale and Subject to the Terms and Conditions of this Agreement. Each purchase of Digital Downloads by You will be regarded as a separate transaction and each delivery of a Digital Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order.
No Refunds. All sales are final and all charges from those sales are nonrefundable.
Order Acceptance Policy. Your receipt of an electronic or other form of confirmation does not (1) constitute InternetDJ's offer to sell and (2) convey InternetDJ 's acceptance of your order. InternetDJ reserves the right, at its discretion, and without prior notice to you, and for any reason, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your order. Your order is deemed accepted upon delivery of Products (i.e. completion of a Digital Download as indicated by our servers).
Methods of Payment and Credit Card Terms. InternetDJ does not currently accept cash, money orders, checks, or any other form of payment besides the credit and debit cards listed on the site. InternetDJ reserves the right to change this policy at any time. You agree to pay all fees and charges associated with your purchase(s), (including any applicable taxes), at the rates in effect when the charges were incurred. You, not InternetDJ, are responsible for any unauthorized amounts billed to your credit card by a third party. As a cardholder, your card issuer agreement governs your use of the designated card, and as such, you must refer to that agreement, not this Agreement, to determine your rights and liabilities as a cardholder. Obligation to pay for Products or Digital Download orders previously accepted by InternetDJ will survive your termination of the Terms and Conditions of Usage.
Electronic Signatures and Contracts. Your use of InternetDJ's Service includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
Copyrights. All copyrights in and to the Service, including but not limited to, the InternetDJ Songs for Sale music store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by InternetDJ and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in this Agreement, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Trademarks. All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of InternetDJ and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.