DJ’s Corner Terms of Use

Effective as of February 6, 2013

Updated as of February 6, 2013

Welcome to DJ’s Corner, a one-stop electronic music portal that is provided by DJ’s Corner LLC, a Delaware limited liability company (“our”, “us” or “we”), to connect you with disc jockeys (“DJs”), events, clubs, and festivals around the world via our website and mobile apps. By accessing our iOS or Android apps, or our website, www.djscorner.com (collectively, the “Service” or “DJ’s Corner”), you (“you” or “your”) signify that you have read, understood and agree to be bound be these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the posted Terms of Use to determine if there have been changes and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS WITH RESPECT TO OUR LIABILITY TO YOU, YOUR LIABILITY TO US, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Membership in the Service is void where prohibited. This Service is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 years of age is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are at least 13 years of age and you have the legal authority to agree to be bound by these Terms of Use. If you are at least 13 years of age and less than 18 years of age, then you represent that: (a) your parent or legal guardian has consented to your using the Service and providing your personal information in connection with your activities in connection with the Service; and (b) your parent or legal guardian has read and accepted these Terms of Use on your behalf. You acknowledge and agree that we shall have no duty or obligation to verify your age beyond this representation and warranty.

Certain parts of the Service may be restricted to users who are currently 18 years of age or older. Those parts of the Service require that you represents that you are at least 18 years of age. If you are not 18 years of age, any attempt by you to access those restricted parts is strictly prohibited, and may result in the termination of your membership and registration, or permanent ban from use of the Service.

Registration Data; Account Security

In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us through the Service, to keep it accurate, current and complete; (d) not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (e) not transfer your account to anyone without first obtaining our written permission; and (f) be fully responsible for all uses of your account and for any actions that take place using your account.

If you select a username for your account, we reserve the right to remove or reclaim your username if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name)

DJ’s Corner Mobile Services

A primary feature of the Service is a mobile app for iOS and Android that may be available via your mobile phone (the “Mobile Client”). The Mobile Client may include features such as (i) the ability to upload content to DJ’s Corner via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to DJ’s Corner messages and to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse DJ’s Corner from your mobile phone (Mobile Web), and (iv) the ability to access certain DJ’s Corner features through the Mobile Client (collectively the "Mobile Services"). As of the last update of these Terms of Use, we charge a fee of ninety-nine cents ($0.99) per month for the Mobile Services; provided, however, that we may, from time to time, offer you a trial to use the Service free of charge for a defined period of time. Your carrier's normal messaging, data and other rates and fees will still apply to your use of the Mobile Services during any free trial period.

In connection with your use of the Mobile Services, you should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding DJ’s Corner and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your DJ’s Corner account information to ensure that your messages are not sent to the person that acquires your old number. You may cancel your DJ’s Corner membership at any time for any reason. If your membership is canceled, you will not be billed beyond the current month. However, billing is done on a monthly basis, and you will be billed for the month in which you cancel your membership.

Subject to these Terms of Use, when you download any Mobile Client from the Apple App Store ("App Store"), Android Market, or from any other authorized partner or from us directly, including as part of a beta or other pre-release program, we grant you a limited, non-transferable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license to download and install the Mobile Client on any iPhone, iPod touch, iPad, or other device as authorized by Apple, Inc. ("Apple") or Android device that you own or control and as permitted in the usage Rules set forth in the App Store Terms of Service and/or Android Market Terms of Service and/or carrier terms of service and/or other applicable terms of service.

This license does not allow you to use the Mobile Client on any device authorized for use by Apple or by your carrier or device manufacturer that you do not own or control. In cases where usage rules described herein are less restrictive than the contract you executed with your device manufacturer or carrier, the usage restrictions of the device manufacturer and/or carrier apply. You may not distribute or make the Mobile Client available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Client. You may not modify, decompile, reverse engineer, disassemble, create derivative works of, or attempt to derive the source code of the Mobile Client, any updates, or any part thereof except to the extent permitted by law. Any attempt to do any of the aforementioned acts is a violation of our and our licensors’ rights. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original Mobile Client.

Proprietary Rights in Service Content; Limited License

All content on and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Service Content"), are our proprietary property with all rights reserved. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to your own EDM related video clips, links, images and text (inclusive of tweets, etc.) (“User Content”) that you legally post on the Service. Provided that you are eligible for use of the Service, you are granted a limited, non-transferable, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Service Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. This limited license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

Trademarks

The name “DJ’s Corner,” and other DJ’s Corner graphics, logos, designs, layouts, source code, app backgrounds, page headers, button icons, scripts and service names are our registered trademarks, trademarks or trade dress in the United States and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

User Conduct

You understand that except for advertising programs offered by us on the Service, the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service to:

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate one or more persons' intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send us a written notification of such infringement. A proper notice of alleged copyright infringement will include the following:

Forward all such requests to:
DGNY Enterprises, Inc.
Attn: Copyright Agent
[Address 1]
[Address 2]
email: [______]

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of infringers, as described herein, in accordance with the applicable copyright laws.

Infringer Policy

In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed (in our sole discretion) to be infringers. We may also in our sole discretion limit access to the Service and/or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Personal Information

Browsing DJ’s Corner. You may watch videos on DJ’s Corner without having to sign in via a Facebook or Google account. You also may contact us through the DJ’s Corner Help Center or email us directly without signing in.

For some activities on DJ’s Corner, such as uploading videos, posting comments, or flagging videos, you will need to create a JD’s Corner account, and sign into DJ’s Corner.

Usage Information. When you use DJ’s Corner, we may record information about your usage of the Service, such as the DJs you follow, the videos you watch, the frequency and size of data transfers, which other users you communicate with, and information you click on in DJ’s Corner (including UI elements, settings). If you are logged in, we may associate that information with your Facebook or Google account. In order to ensure the quality of our service to you, we may place a tag (also called a "web beacon") in HTML-based customer support emails or other communications with you in order to confirm delivery.

We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.

Content Uploaded to the Service. When you publish or post information to the Service, it means that you are allowing everyone, including people who are not registered with, or members of, the Service to access and use that information, and to associate it with you (i.e., your name and profile picture). Further, any personal information or video content that you voluntarily disclose online (e.g., video comments, DJ Page info) may be collected and used by others. If you download the DJ’s Corner Page Editor, your copy includes a unique application number. This number and information about your installation of the Page Editor (version number, language) will be sent to us when the Page Editor automatically checks for updates and will be used to update your version of the Page Editor.

We may, from time to time, in our sole discretion, provide you with the ability to control certain privacy settings, including, but not limited to, controlling which users can see your User Content, including without limitation your DJ’s Corner DJ Page, your Facebook and other social media connectivity, which users can connect with you, how other users can connect with you, email connectivity, and push notification and other notification/alert preferences, and profile information. We will require that users allow us to collect log data (i.e., keep track of their actions and location info for purposes of improving DJ’s Corner).

Uses

We care about the privacy of our users, and make every effort to keep such information secure. By using the Service, regardless of where you live or access the Service from, you are consenting to have your personal data transferred to and processed in the United States. Personal information submitted to us might be used to operate, maintain, and improve the features and functionality of the Service, and to process any flagging activity or other communication you send to us.

If you are located in a country embargoed by the United States, or are on the United States Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on DJ’s Corner (such as advertising or payments) or operate a platform application or website. We make no representation that content on the Service is appropriate or available for use outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violation of law. You may not use or export any content in connection with the Service in violation of United States export laws and regulations. You will comply with all laws regarding the transmission of technical data exported from the United States and imported into the country where you are located (if not the United States).

We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public user profile information, public Tweets, the users you follow or that follow you, or the activity of users on your DJ’s Corner DJ Page.

We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without your consent for non-marketing or administrative purposes (such as notifying you of major changes to these Terms of Use or for customer service purposes). You also can choose how often we send you email updates in your DJ’s Corner account settings page.

We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Service; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in promotions and contests.

Third Party Websites and Content

The Service contains (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, security (i.e., freedom from defects or viruses) or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Applications, Software or Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, may no longer be applicable. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from the Service.

Information That is Publicly Available

If you log into the Service via Facebook or Google, some information about your account activity may be provided to other users of the Service. This may include but is not limited to the date you first logged in, the date you last logged in, the country and the number of videos you have watched.

Your login name is displayed to other users when you engage in certain activities on the Service, such as uploading videos or commenting. Other users can contact you by leaving a message or comment on the Service.

Any videos that you submit to the Service may be redistributed through the Internet and other media channels, and may be viewed by other users of the Service or the general public.

You may also choose to create your own DJ’s Corner DJ Page, which may contain your name, featured videos, or other details concerning your use of the Service, that will be visible to other users. If you choose to add certain features to your DJ’s Corner DJ Page, then these features and your activity associated with these features will be displayed to other users and may be aggregated and shared with your friends or other users. Such shared activity may include your favorite videos, videos you rated and videos that you have uploaded.

Your Choices

If you have a DJ’s Corner DJ Page, you may update content, information, preferences and privacy settings at any time by visiting your DJ’s Corner Page Editor.

You may decline to submit personal information through DJ’s Corner, in which case you can still view videos and browse the Service, but DJ’s Corner may not be able to provide certain services to you. Some advanced DJ’s Corner features may use services such as Google Checkout or AdSense. The privacy notices of those services govern the use of your personal information associated with them.

Advertising on DJ’s Corner

DJ’s Corner strives to provide you with relevant and useful advertising and we may use third party ad serving systems to do so. We may use a range of information including cookies, web beacons, IP addresses, usage data and other non-personal information about your computer or device (such as browser type and operating system) to provide you with relevant advertising. Whether you are logged in or logged out of the Service, we may show you advertising based on non-personally identifiable information you have provided to us in your DJ’s Corner account.

Advertisers may serve ads based on interests and demographic categories associated with non-personally identifiable online activity, such as videos viewed, frequency of uploading or activity on other partner sites. Advertisers may also serve ads to you based on previous activity on that advertiser's website or based on non-personally identifiable information from other companies. This non-personally identifiable information is held separately from your DJ’s Corner account data, or other personally identifying information in our possession.

You may view, edit and add to the categories used to provide you with interest-based advertising if you are logged in. Your ads preferences will be respected across DJ’s Corner. You also may choose to opt out of using cookies at any time.

Third-party ad serving companies may display ads on the Service, provided they comply with our ad-serving requirements, as they may be in effect from time to time. We do not provide any personal information to these third-party ad servers or ad networks without your consent. These Terms of Use do not apply to, and we cannot control the activities of, such other advertisers or web sites. Any data obtained by third-party ad servers subsequently shared with us is maintained and used by us in accordance with these Terms of Use.

DJ’s Corner DJ Pages and User Content

DJ’s Corner DJ Pages are special profiles used solely for commercial purposes. You may not set up a DJ’s Corner DJ Page on behalf of another individual or entity unless you are authorized to do so. This includes fan DJ’s Corner DJ Pages, as well as DJ’s Corner DJ Pages to support or criticize another individual or entity.

WE DO NOT PRE-SCREEN OR APPROVE DJ’S CORNER DJ PAGES, AND CANNOT GUARANTEE THAT A DJ’S CORNER DJ PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A DJ’S CORNER DJ PAGE. NOR ARE WE RESPONSIBLE FOR THE CONTENT OF ANY DJ’S CORNER DJ PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY DJ’S CORNER DJ PAGE, INCLUDING HOW THE OWNER OF THE DJ’S CORNER DJ PAGE COLLECTS, HANDLES, USES AND/OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A DJ’S CORNER DJ PAGE.

You are also solely responsible for the consequences of submitting and publishing User Content. You represent and warrant that you own or have the necessary rights, licenses, consents and permissions to upload, publish and distribute any User Content that you post, or otherwise upload, in connection with your use of the Service.

You further agree that any User Content that you post, or otherwise upload, in connection with your use of the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the rights that you grant it herein.

User Disputes

You are solely responsible for your interactions with other DJ’s Corner users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimers

We are not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Mobile Client or website or in connection with the Service, whether posted or caused by users of the Service, by us, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Mobile Client or website or in connection with the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter when using the Service or in connection with any User Content or Third Party Applications, Software or Content. For example, we are not responsible for user or DJ tweets via Twitter and currently do not have the ability to screen or remove a specific tweet. We are not responsible for the conduct, whether online or offline, of any user of the Service.

The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, tablet or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Service, including any Mobile Client software. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, any User Content or Third Party Applications, Software or Content posted on or through the Service or transmitted to users, or any interactions between users of the Service, whether online or offline.

THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SERVICE CONTENT ARE PROVIDED "AS-IS" AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRECTNESS OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. WE DO NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

We reserve the right to change any and all content, software and other items used or contained in the Service offered through the Service at any time without notice to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

Limitation on Liability

IN NO EVENT WILL WE OR OUR AFFILIATES, OR OUR OR OUR AFFILIATES’ DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SERVICE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US TO USE THE SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION.

YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH SERVICE. CERTAIN NATIONAL, STATE AND LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination

We may terminate your membership, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, or no reason, at any time in our sole discretion, with or without notice, including if we believe that you are under 13 years of age.

When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Governing Law; Venue and Jurisdiction

By visiting or using the Service, you agree that the laws of the State of New York, and applicable federal laws of the United States, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of the State of New York, County of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the State of New York, County of New York.

Indemnity

You agree to indemnify and hold us, and our subsidiaries and affiliates, and each of our and their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.

Other

These Terms of Use constitute the entire agreement between you and us regarding the use of the Service, superseding any prior agreements between you and us relating to your use of the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

More Information

We adhere to the United States Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the  Department of Commerce's web site.

For questions, or if you see anything on DJ’s Corner that you think is inappropriate, please let us know through our Contact Us page. Thank you.