RECORD POOL SUBSCRIPTION AGREEMENT
THIS RECORD POOL SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE MEMBER, AND DJ2DOWNLOAD RECORD POOL. PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE DJ2DOWNLOAD RECORD POOL SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS.
1. ENROLLMENT IN THE SERVICE
Dj2download Record Pool provides an internet music subscription service for downloading music in the MP3 format. The service consists of a subscription plan whereby, for a monthly fee, you are granted download rights to our catalog of MP3 music files. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet and to be able to download and listen to the music files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the service registration process located on our web site at https://dj2download.com / We only use the Facebook Connect for registration.
2. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our notification of a change or new agreement will constitute your binding acceptance of the change.
3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the “Registration Data”). Once you subscribe to the service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.
4. DJ2DOWNLOAD RECORD POOL PRIVACY POLICY
Dj2download Record Pool will not release aggregate Registration Data about member trends to third parties. We will not give out individual sales information unless required to do so by law. Dj2download Record Pool Privacy Policy is set forth at https://dj2download.com/privacy-policy and may be amended at any time in our sole discretion.
5. TECHNOLOGICAL AND USE LIMITATIONS
Dj2download Record Pool will make reasonable efforts to keep the site operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. Dj2download Pool also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that Dj2download Record Pool shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.
The service has been developed to allow individual end users the opportunity to experience a broad catalog of music at a very reasonable price. By enrolling in the service, you acknowledge and agree that you have no right to provide any files obtained through the service to any other party or through any other means. You may only make copies of any file obtained through the service for your own personal professional use. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Dj2download Record Pool reserves the right to immediately and permanently terminate your access to the service if Dj2download Record Pool believes that you are violating such limitation.
Because the service is designed for personal professional use, you are not allowed to use any automated system for the selection or downloading of files. Dj2download Record Pool reserves the right to immediately and permanently terminate your access to the service if Dj2download Record Pool believes that you are violating such limitation.
6. TERM, FEES AND PAYMENTS
By registering for the service, you agree to pay the applicable monthly rate when charged.
Your subscription will continue automatically at the monthly rate unless terminated by Dj2download Record Pool or until you cancel your subscription by going into your account canceling and also doing so at the payment portal point. E.g PayPal or Stripe
Each month during the term of this Agreement, the monthly fees for use of the service will be billed automatically to the credit card or mode of payment you designated during the service registration process. You agree to pay all fees and charges incurred in connection with your unique ID and password for the service (including any applicable taxes) at the rates in effect when the charges were incurred. You also agree that upon return after deactivation by submitting your credit card for payment you authorize Dj2download to process your card for the amount totaling the number of months missed times the monthly fee. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must contact us.
You agree to pay Dj2download Record Pool all reasonable attorney’s fees and costs incurred by the Dj2download Record Pool to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.
You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.
DJ2DOWNLOAD RECORD POOL RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY DJ2DOWNLOAD RECORD POOL. DJ2DOWNLOAD RECORD POOL MAY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
7. TERMINATION
You agree that Dj2download Record Pool, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Dj2download Record Pool believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Dj2download Record Pool may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Dj2download Record Pool may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that Dj2download Record Pool shall not be liable to you or any third-party for any termination of your access to the service.
You may terminate this Agreement and your subscription to the service at any time. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, YOU WILL BE REQUIRED TO PAY A TERMINATION FEE EQUAL TO THE FEE FOR SERVICE FOR THE NUMBER OF DAYS REMAINING IN THE BILLING CYCLE AFTER NOTICE OF TERMINATION. ANY PAYMENT IN ADVANCE FOR FUTURE SERVICE IS NONREFUNDABLE.
8. INTELLECTUAL PROPERTY RIGHTS
Only you may access the service using your ID and password, unless otherwise agreed to in writing by Dj2download Record Pool. The content available through the service is the property of Dj2download Record Pool or its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be used and played for your professional use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of Dj2download Record Pool. You agree to indemnify and hold harmless Dj2download Record Pool for your failure to comply with this Section 8.1.
You acknowledge that Dj2download Record Pool retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and Dj2download Record Pool reserves all rights not expressly granted hereunder. You shall promptly notify Dj2download Record Pool in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or Dj2download Record Pool’s patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. DJ2DOWNLOAD RECORD POOL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE DJ2DOWNLOAD RECORD POOL WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE DJ2DOWNLOAD RECORD POOL WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE DJ2DOWNLOAD RECORD POOL WEBSITE, SERVICE OR PRODUCTS.
10. LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
11. MISCELLANEOUS
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation of this Section 11. You shall not use the service in any manner contrary to local, state or federal law. Dj2download Record Pool expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RECORD POOL SUBSCRIPTION AGREEMENT
THIS RECORD POOL SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, AS THE MEMBER, AND DJ2DOWNLOAD RECORD POOL. PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE DJ2DOWNLOAD RECORD POOL SUBSCRIPTION SERVICE. BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS.
1. ENROLLMENT IN THE SERVICE
Dj2download Record Pool provides an internet music subscription service for downloading music in the MP3 format. The service consists of a subscription plan whereby, for a monthly fee, you are granted download rights to our catalog of MP3 music files. In order to use the service, you must obtain access to the internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the internet and to be able to download and listen to the music files. You must be at least 18 years of age to enroll. To begin the enrollment process, you must complete the service registration process located on our web site at https://dj2download.com / We only use the Facebook Connect for registration.
2. MODIFICATION
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the service following our notification of a change or new agreement will constitute your binding acceptance of the change.
3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the “Registration Data”). Once you subscribe to the service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.
4. DJ2DOWNLOAD RECORD POOL PRIVACY POLICY
Dj2download Record Pool will not release aggregate Registration Data about member trends to third parties. We will not give out individual sales information unless required to do so by law. Dj2download Record Pool Privacy Policy is set forth at https://dj2download.com/privacy-policy and may be amended at any time in our sole discretion.
5. TECHNOLOGICAL AND USE LIMITATIONS
Dj2download Record Pool will make reasonable efforts to keep the site operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. Dj2download Pool also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the service with or without notice. You agree that Dj2download Record Pool shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the service.
The service has been developed to allow individual end users the opportunity to experience a broad catalog of music at a very reasonable price. By enrolling in the service, you acknowledge and agree that you have no right to provide any files obtained through the service to any other party or through any other means. You may only make copies of any file obtained through the service for your own personal professional use. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Dj2download Record Pool reserves the right to immediately and permanently terminate your access to the service if Dj2download Record Pool believes that you are violating such limitation.
Because the service is designed for personal professional use, you are not allowed to use any automated system for the selection or downloading of files. Dj2download Record Pool reserves the right to immediately and permanently terminate your access to the service if Dj2download Record Pool believes that you are violating such limitation.
6. TERM, FEES AND PAYMENTS
By registering for the service, you agree to pay the applicable monthly rate when charged.
Your subscription will continue automatically at the monthly rate unless terminated by Dj2download Record Pool or until you cancel your subscription by going into your account canceling and also doing so at the payment portal point. E.g PayPal or Stripe
Each month during the term of this Agreement, the monthly fees for use of the service will be billed automatically to the credit card or mode of payment you designated during the service registration process. You agree to pay all fees and charges incurred in connection with your unique ID and password for the service (including any applicable taxes) at the rates in effect when the charges were incurred. You also agree that upon return after deactivation by submitting your credit card for payment you authorize Dj2download to process your card for the amount totaling the number of months missed times the monthly fee. All fees and charges are nonrefundable. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you must contact us.
You agree to pay Dj2download Record Pool all reasonable attorney’s fees and costs incurred by the Dj2download Record Pool to collect any past due amounts. Your account may be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your service account.
You are responsible for paying any governmental taxes imposed on your use of the service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the service.
DJ2DOWNLOAD RECORD POOL RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY DJ2DOWNLOAD RECORD POOL. DJ2DOWNLOAD RECORD POOL MAY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription to the service, as provided in Section 7 below. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
7. TERMINATION
You agree that Dj2download Record Pool, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Dj2download Record Pool believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Dj2download Record Pool may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Dj2download Record Pool may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that Dj2download Record Pool shall not be liable to you or any third-party for any termination of your access to the service.
You may terminate this Agreement and your subscription to the service at any time. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, YOU WILL BE REQUIRED TO PAY A TERMINATION FEE EQUAL TO THE FEE FOR SERVICE FOR THE NUMBER OF DAYS REMAINING IN THE BILLING CYCLE AFTER NOTICE OF TERMINATION. ANY PAYMENT IN ADVANCE FOR FUTURE SERVICE IS NONREFUNDABLE.
8. INTELLECTUAL PROPERTY RIGHTS
Only you may access the service using your ID and password, unless otherwise agreed to in writing by Dj2download Record Pool. The content available through the service is the property of Dj2download Record Pool or its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be used and played for your professional use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, make available to third parties or circulate the content received through the service to anyone or to exploit any such content for commercial or noncommercial purposes not intended by this Agreement without the express prior written consent of Dj2download Record Pool. You agree to indemnify and hold harmless Dj2download Record Pool for your failure to comply with this Section 8.1.
You acknowledge that Dj2download Record Pool retains exclusive ownership of the service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the service or its contents, and Dj2download Record Pool reserves all rights not expressly granted hereunder. You shall promptly notify Dj2download Record Pool in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or Dj2download Record Pool’s patent, copyright, trade secret, trademarks or other intellectual property rights. The service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. DJ2DOWNLOAD RECORD POOL DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE DJ2DOWNLOAD RECORD POOL WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE DJ2DOWNLOAD RECORD POOL WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN THE DJ2DOWNLOAD RECORD POOL WEBSITE, SERVICE OR PRODUCTS.
10. LIMITATION OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
11. MISCELLANEOUS
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts in all disputes arising out of or relating to the service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation of this Section 11. You shall not use the service in any manner contrary to local, state or federal law. Dj2download Record Pool expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.