1. Age Requirement.
In order to use the Product(s) or services offered on this Website, you need to (a) be 18 or older, or, be 13 or older and have your parent or guardian’s consent to the terms of this Agreement, and, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain information to Djmastersound: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and he or she must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that he or she may incur.
2. Content and Products.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to Djmastersound, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of Djmastersound or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. Some of the Content is “Products,” which is certain Content made available by Djmastersound for streaming, purchase and/or download. The Content is only for your personal, noncommercial use, except for those Products provided for by Djmastersound Sounds.
3. Objectionable Material.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and Djmastersound shall have no liability to you for Content that may be found objectionable, indecent, or offensive. Djmastersound reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
4. Account Registration.
(a) To use certain services of the Website you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to Djmastersound (“Registration Data”) for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete and accurate. The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website. Djmastersound may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Djmastersound, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Djmastersound may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
(b) You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify Djmastersound immediately of any unauthorized use of your password and/or Account. Djmastersound shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify Djmastersound, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, Djmastersound shall have the right to terminate your Account and pursue all available remedies at law.
5. Consent to our communication with you by E-Mail.
By establishing an Account, you grant permission for Djmastersound to contact you at your provided e-mail address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your accounts settings.
6. Charges and Billing.
You agree to pay for all for-fee Products that you purchase through the Website. Djmastersound may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You hereby agree to authorize Djmastersound to charge your credit card for the above at Djmastersound’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, except in the case of pre-order content. YOU ARE RESPONSIBLE FOR PROVIDING Djmastersound WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, Djmastersound may post charges individually or aggregate your charges with other purchases you make on the Website. 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, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Djmastersound may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Djmastersound will not be liable to you or to any third party should it exercise such rights.
7. Limitation on Sales
Djmastersound sells Products to end user customers only, and not to resellers, distributors, music dealers, exporters, wholesalers, or any other businesses with an intent to resell. Djmastersound reserves the right to refuse access to the Website or Djmastersound API or sale of Products, to any end user. Djmastersound may terminate any offers for free or special promotions or pricing on merchandise at any time.
8. Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. Djmastersound does not provide price protection or refunds in the event of a price drop or promotional offering.
9. Sales of Downloads.
Each Download (as defined below) Product is an individual sale and subject to the terms and conditions of this Agreement. Each purchase of a Download by you will be regarded as a separate transaction and each delivery of a Download will constitute a separate sale, whether delivery is in whole or partial fulfillment of an order. For the purpose of creating Djmastersound charts and other marketing data, Djmastersound reserves the right to correct or ignore any Downloads it suspects are a result of suspicious sales behavior intended to, in Djmastersound’s sole discretion, falsely inflate sales data.
10. No Refunds.
All sales are final and all charges from those sales are nonrefundable. Djmastersound will not refund any fees for Products or services that you purchase and then fail to download, unless such failure is caused solely by the negligence or gross misconduct of Djmastersound.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
12. Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute Djmastersound’s offer to sell or (2) convey Djmastersound’s acceptance of your order. Djmastersound 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. Additionally, Djmastersound reserves the right, at its discretion, to accept payment and process delivery of the Product, without accounting for the purchase for Djmastersound chart purposes, if it believes, for any reason, at its discretion, that such purchase was solely intended to falsely inflate sales data.
13. Charges and Billing.
Djmastersound currently accepts American Express, Visa, Master Card, JCB and PayPal. Djmastersound does not accept cash, money orders, or checks. Djmastersound 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 Djmastersound, 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 to determine your rights and liabilities as a cardholder. Obligation to pay for Product orders previously accepted by Djmastersound will survive your termination of your Account. Due to the nature of the service, refunds are only available in exceptional circumstances at Djmastersound’s management’s sole discretion.
14. Limitations of Content Usage and Copyright.
Djmastersound may make available certain Content. Your access to and/or use of any Content will be limited by the rules assigned to the Content by Djmastersound (“Content Rules”) and/or copyright law and described in this Agreement or on the webpage where you acquire access to such Content. You may not attempt, nor support another’s attempt, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or any of the Content Rules. DJMASTERSOUND RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
A “Stream” is the digital transmission of a sound recording of a musical work, in whole or in part, to an end user over the Internet where the content may be heard or viewed, but not downloaded, for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture a Stream.
A “Download” is a purchased Product that you can (1) transfer to a compatible portable device, (2) save to your hard drive with unlimited playback time, or (3) burn to a CD/DVD, in each case for personal private use only and not for commercial or public use or distribution. Djmastersound shall have no liability for lost, damaged, or destroyed Downloads. Any security technology that is provided with a Download is an inseparable part of the Download. The Download capability does not operate to limit any rights of the copyright owners in a Product or any works embodied in them.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Streams or Downloads or other Content contained on the Site except for your own personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
15. Prohibited Uses of Content.
You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, and/or Streams. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS OR STREAMS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
16. Electronic Signatures and Contracts.
Your use of the Website and establishment of an Account 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 this Agreement 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 the Website, including notices of cancellation, policies, contracts, and applications.