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Terms & Conditions
of Use of this Site
This
Web site (this "Site") is owned and operated
by DJ4U Mobile Entertainment ("DJ4U").
Please
read the following Terms and Conditions of Use (these "Terms
of Use") carefully and in their
entirety before using this Site. Your use of this Site
or any content or material available through this Site
(collectively "Materials"), as well as any other
product or service offered by DJ4U or through this Site
for use or sale constitutes your full and complete acceptance
of these Terms of Use. If you do not agree with any provisions
of these Terms of Use, do no use this Site.
In addition, you shall be subject to any posted guidelines
or rules applicable to this Site or any services or products
offered through this Site which may be posted from time
to time. All such guidelines or rules are hereby incorporated
by reference into these Terms of Use.
DJ4U
reserves the right, in its sole discretion, to modify,
alter, or otherwise change these Terms of Use at any
time, and you agree to be bound by such modifications,
alterations, and/or additions. These Terms of Use may
be updated by DJ4U from time to time without notice
to you. Accordingly, DJ4U recommends that you periodically
visit this page to review the current Terms of Use.
If you violate any of these Terms of Use, your permission
to use this Site shall automatically terminate.
Copyright & Trademarks
All
Materials on this Site, including without limitation
software, text, graphics, images, audio and video clips,
logos, and button icons, documents and marks constitute
proprietary information, which are owned or controlled
by DJ4U or its content and/or software/technology providers
that have licensed to DJ4U the right to use the Materials.
Unless provided otherwise, you agree that the reproduction,
modification, distribution, transmission, republication,
display, performance, or storage of Materials is strictly
prohibited without the express written permission of
DJ4U and any other owner of such proprietary information
(from whom you are solely responsible for obtaining
permission).
Restrictions on Use of Site
Unless
otherwise specified or permitted under copyright laws,
the Materials may not be copied, republished, reproduced,
uploaded, posted, transmitted, distributed, or otherwise
exploited in any way. You agree and acknowledge that
you shall not acquire any ownership rights in the Materials
from this Site. Modification of the Materials or use
of the Materials for other than the stated purpose is
a violation of DJ4U’s and possibly other third-party
providers’ copyright
and other proprietary rights.
You
agree to use this Site only for purposes that are lawful.
Without limiting the foregoing, you agree not to post
on or transmit through this Site any material which
violates or infringes in any way upon the rights of
others; is threatening, abusive, or harassing; is defamatory;
is invasive of privacy or publicity rights; is obscene;
is lewd, lascivious, or otherwise objectionable; or
violates, or encourages conduct that would violate,
any law or give rise to civil or criminal liability
under any law. Furthermore, you agree that you will
not post on or transmit through this Site any advertising
or commercial solicitation of any kind whatsoever,
including, without limitation, via e-mail, without
DJ4U's express written consent. You further agree not
to use this Site, the Materials, or any element or
portion thereof including, without limitation, e-mail
addresses of users for any commercial purpose whatsoever.
You shall not upload, post or otherwise make available
on this Site any material protected by copyright, trademark
or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark or other
proprietary right, or any other harm resulting from any
uploading, posting or submission.
You
are prohibited from displaying the content on this
Site in any format where third party advertising or
other materials that DJ4U did not authorize is viewed
or viewable together with the Materials of this Site.
Links to Other Sites
This
Site may contain links to other Web sites. DJ4U is
not responsible for the content or privacy practices
of any sites linked to this Site or framed within this
Site (the "Linked Sites"). The
Linked Sites are for your convenience only and you access
them at your own risk. You agree that DJ4U is not responsible
for the availability of any Linked Site and does not
endorse and is not responsible or liable for any content,
advertising, products or other materials on or available
through the Linked Sites.
Privacy & Security
DJ4U’s
privacy policy is set forth in its privacy statement
which can be reviewed from the bottom of the home page
of this Site.
Rules for Bulletin Boards and Chat rooms
DJ4U
is not responsible for any material posted on any bulletin
board, chat room, or other forum included in this Site
or linked through this Site ("Forums"),
nor does DJ4U endorse any such material, nor represent
or guarantee the truthfulness, accuracy, or reliability
thereof. You shall not upload, transmit, or otherwise publish
through such Forums any material that libels, defames,
or is obscene, pornographic, abusive, or threatening; infringes
any intellectual property right of any entity or person;
violates any law; advocates illegal activity; or advertises
or otherwise solicits funds or is a solicitation for goods
or services (collectively "Prohibited Material").
DJ4U shall have the right in its sole discretion to edit,
refuse to post, or remove any material submitted to or
posted on such Forums for any reason whatsoever. Notwithstanding
the foregoing, you are solely responsible for all materials
you post on or submit to the Forums, and you acknowledge
that DJ4U has no obligation to monitor and you are not
relying upon DJ4U to monitor the Forums.
DJ4U
reserves the right but is not obligated to do any of
the following:
Record the dialogue in the Forums.
Investigate an allegation that a communication(s) do(es)
not conform to these Terms of Use and determine in its
sole discretion, to remove or request the removal of
the communication(s).
Remove communications that are abusive, illegal, or disruptive,
or that otherwise fail to conform to these Terms of Use.
Terminate a user’s access to any or all public areas
or Forums and/or this Site upon any breach of these Terms
of Use.
Monitor, edit or disclose any communication in the public
areas or Forums.
Edit or delete any communication(s) posted on this Site,
regardless of whether such communication(s) violate these
standards.
DJ4U reserves the right to take any action it deems necessary
to protect the personal safety of DJ4U’s guests
or the public. DJ4U has no liability or responsibility
to users of this Site or any other person or entity
for performance or nonperformance of the aforementioned
activities.
By
posting messages on the bulletin boards you are granting
DJ4U a royalty free, perpetual, non-exclusive and irrevocable
right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display any posting by you (in whole or
in part) worldwide and/or incorporate it in other works
in any form, media or technology now known or hereafter
developed.
You may not use the bulletin boards to post or transmit
advertisements or commercial solicitations of any kind.
General Practices Regarding Use and Storage
You acknowledge that DJ4U may establish general
practices and limits concerning use of this Site including,
without limitation, the maximum number of days or the
maximum size that e-mail messages, bulletin board or
chat room messages or other uploaded information will
be retained. In addition, DJ4U may limit the disk
storage space allotted and/or the maximum number of
messages or uploads permitted. You agree that DJ4U
has no responsibility or liability for the deletion
or failure to store any messages or other type of communication
or content.
Disclaimers and Limitations on Liability
DJ4U
is not responsible or liable for any infections or contamination
of your system or delays, inaccuracies, errors, or omissions
arising out of your use of this Site or with respect
to the Materials, products, services or advertisements
available on or through this Site. You agree to be responsible
for obtaining and maintaining a telephone, computer hardware,
and other equipment needed for access to and use of this
Site, and you shall be responsible for all charges related
thereto. THIS SITE AND ALL MATERIALS CONTAINED ON IT
ARE DISTRIBUTED AND TRANSMITTED "AS
IS," "AS AVAILABLE" AND USE OF THIS SITE
OR ANY MATERIALS IS AT YOUR OWN RISK. DJ4U MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL,
PRODUCT, SERVICE OR ADVERTISEMENT RESTS WITH YOU.
DJ4U DOES
NOT ENDORSE WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE
OFFERED ON OR THROUGH THIS SITE AND WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS
AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
DJ4U,
ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF, OR THE INABILITY TO USE THIS SITE. IN NO EVENT SHALL
DJ4U’S TOTAL LIABILITY
TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
YOU
AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DJ4U,
ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES,
SUBSIDIARIES, SUCCESSORS, AND ASSIGNS FOR ANY AND ALL
CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING
OUT OF YOUR PUBLICATION OR TRANSMITTAL OF PROHIBITED
MATERIAL OR YOUR FAILURE TO COMPLY WITH OR YOUR ALLEGED
FAILURE TO COMPLY WITH THESE TERMS OF USE.
Miscellaneous
DJ4U has the right any time to modify, change,
add to, discontinue, or alter in any manner any aspect
of this Site including, without limitation, these Terms
of Use. These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter hereof
and supercedes all previous written or oral agreements
between the parties hereto with respect to such subject
matter. No waiver by either party of any breach of
default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default.
The
section headings used herein are for convenience only
and shall not be given any legal import. You hereby
waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms
of Use. These Terms of Use are effective until terminated.
DJ4U may terminate your use of this Site in the event
you fail to comply with any provision of these Terms
of Use. In addition, DJ4U may discontinue access to
this Site at any time at its sole discretion.
These
Terms of Use shall be governed by, construed, and
enforced in accordance with the laws of the State of
Illinois. Any action brought by you or DJ4U in
connection with or related in any manner to this Site,
your use of this Site or these Terms of Use shall be
brought only in the courts located in Peoria, Illinois
and you hereby consent to personal jurisdiction in
such counts. If any provision of these Terms of Use
is void or unenforceable in whole or in part, the remaining
provisions shall not be affected thereby |