ENROLLMENT IN THE SERVICE
zipDJ provides an Internet music subscription service for sampling and downloading music in the common digital portable formats (i.e. MP3 format). The service consists of a subscription plan whereby, for a periodic fee and subject to certain limitations as described herein, you are granted limited download rights to our catalog of 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, including the MacromediaÂ® Flash player plugin available here. 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 http://www.zipdj.com(“zipDJ WEBSITE”)
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 and a change notice will be posted at http://www.zipdj.com. 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 posting of a change notice or new agreement on the zipDJ WEBSITE will constitute your binding acceptance of the change.
Without limiting the generality of the foregoing, the term of this Agreement with respect to each track you download is subject to the termination of zipDJâ€™s licenses from its third party music licensors some of whom MAY, on termination, require the deletion of their files that you downloaded from zipDJ. You will be advised of the tracks affected by any license termination.
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.
TECHNOLOGICAL AND USE LIMITATIONS
5.1 zipDJ will make reasonable efforts to keep the zipDJ WEBSITE operational. However, certain technical difficulties or routine site maintenance or upgrades may, from time to time, result in temporary service interruptions. zipDJ 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 zipDJ 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.
5.2You are not allowed to use any automated system for the selection or downloading of files. zipDJ reserves the right to immediately and permanently terminate your access to the service if zipDJ believes that you are violating such limitation.
TERM, FEES AND PAYMENTS
6.1 By registering for the service, you agree to pay the applicable periodic rate, charged in advance All rates are subject to change without notice; provided however that no such rate change shall be applied to you until the current period expires.
6.2 Each period during the term of this Agreement, the periodic fees for use of the service will be charged to the credit card you designated during the service registration process or charged to you by use of the Chase Paymentech or PayPal payment services. At the end of the period elected by you, your credit card will be charged for the next period of equal duration unless, prior to the end of the current period, you notify us of your desire to cancel your subscription. 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. 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, or if you believe someone has accessed the service using your ID and password without your authorization, you must contact [email protected].
6.3 You agree to pay zipDJ all reasonable attorney’s fees and costs incurred by zipDJ 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.
6.4 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.
6.5 zipDJ 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 zipDJ. zipDJ MAY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL OR BY ON-LINE POSTING AT http://www.zipdj.com. 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.
7.1 You agree that zipDJ, 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 zipDJ believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. zipDJ 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 zipDJ may immediately deactivate or delete your account and/or bar any further access to the service. Further, you agree that zipDJ shall not be liable to you or any third-party for any termination of your access to the service.
7.2 You may terminate this Agreement and your subscription to the service at any time, by using the â€œCancel Accountâ€ function in the zipDJ web application. HOWEVER, IF YOU TERMINATE YOUR SUBSCRIPTION IN THE MIDDLE OF A BILLING CYCLE, YOU WILL NOT BE REFUNDED THE PORTION OF 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.
INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the service using your ID and password, unless otherwise agreed to in writing by zipDJ. The content available through the service is the property of zipDJ or its licensors and is protected by copyright and other intellectual property laws. Content received through the service may be downloaded and reproduced NOT MORE THAN THREE TIMES AND STRICTLY FOR YOUR OWN BUSINESS USE AS A PROFESSIONAL DJ. Some of zipDJâ€™s licensors reserve the right to terminate zipDJâ€™s license if any of its subscribers fail to comply with the foregoing restrictions. Accordingly, 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 zipDJ. You agree to indemnify and hold harmless zipDJ for your failure to comply with this Section 8.1.
8.2 You acknowledge that zipDJ 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 zipDJ reserves all rights not expressly granted hereunder. You shall promptly notify zipDJ in writing upon your discovery of any unauthorized use or infringement of the service (or its contents) or zipDJ it’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.
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. zipDJ DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, zipDJ WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH zipDJ WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN zipDJ WEBSITE, SERVICE OR PRODUCTS.
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.
This Agreement is governed by the laws of Ontario, Canada, without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction ofthe provincial courts located in Toronto, Ontario, Canada 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 this Section 11. You shall not use the service in any manner contrary to local, state or federal law. zipDJ 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.
zipDJ.com is a web site referred to as “zipDJ”. Please read these statements, terms and conditions carefully before using this website. By accessing or using this site, you acknowledge and agree to the disclaimers, terms and conditions set forth below. If you do not agree, please do not use this site. Please read the following carefully.
zipDJ gathers certain types of information about the people who download and use the zipDJ service. The following policy explains what information is captured, how it is handled and how to change it. The policy is subject to change from time to time so please check back periodically.
GATHERED AND TRACKED INFORMATION
Registration and Tracking Information. zipDJ gathers data that members provide through voluntary registrations on our site and aggregate tracking information derived mainly by tallying page views throughout our sites and clicks on our newsletters or advertisements. Such information enables us to better tailor our content to customer needs and to help us to better understand the demographics of our members.
Track Surveys. zipDJ may from time to time conduct member surveys to better target our content to our members. While zipDJ will share the aggregated responses and demographic information in these surveys with labels and partners, zipDJ will not release any personally identifiable information relating to any customer.
Counters. On occasion, zipDJ uses a counter to track member traffic patterns on our web site. A counter provides no member identifiable data but allows zipDJ to count which pages have been viewed. zipDJ does not aggregate or track personally identifiable information when using a counter, only usage patterns. This information is collected for internal marketing and sales efforts. The data is also used to predict responses to advertisements, to help determine which ads perform best and which content is most appropriate for different members.
USE OF INFORMATION: zipDJ uses the information voluntarily given by our members to enhance their experience on our site to better prepare future content based on the interests of our members. zipDJ may also use the aggregated information to attract additional labels and advertisers. We use tracking information to determine which areas of our sites members like and don’t like based on traffic to those areas. zipDJ does not track what individual members read, but rather how well each page performs overall. This helps us continue to build a better service for you.
SHARING OF INFORMATION: zipDJ uses the above-described information to tailor our content to suit your needs and help our music labels and advertisers better understand our membersâ€™ demographics. zipDJ will not release any personally identifiable information relating to any member except to the extent required by the owners of sound recording that you download, or their agents.
CHILDREN: Registrants of zipDJ service must be over the age of 18. zipDJ web site, products, and services are not developed for or directed at children. If you believe your child has provided zipDJ with personally identifiable data, or registered at zipDJ web site, and you would like to have them removed, please contact email me.
CORRECT / UPDATE POLICY: You may correct or change the information collected during the registration process. The instructions for doing this can be found in theâ€œMembersâ€ area. Members may change this information at any time and as often as necessary. Members who are experiencing problems or who have any questions about how our services work can contact us at email me.
LEGAL TERMS AND CONDITIONS
COPYRIGHTS: All materials incorporated in or accessible through this site, including without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this site are protected by Canadian and international copyright laws, and are owned or controlled by zipDJ or by the original creators of such materials or their respective assignees. Subject to the permitted uses provided under the Subscription Agreement, any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium except as authorized herein or with the express authorization of the copyright owners is strictly prohibited. In the event of any permitted use of such materials, including without limitation, any copying, reproductions, distribution, republication, downloading, or display thereof, you will make no changes in or deletion of author attribution, trademark legend, or copyright notice. No right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
TRADEMARKS: “zipDJ” and zipDJ logo and all other graphics, logos, trade names and service names incorporated in this site are trademarks or registered trademarks of their respective owners, and are protected by Canadian and international trademark laws. None of such trademarks may be used in connection with any product or service other than in association with zipDJ or the respective owners of the tradenames or trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits zipDJ.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: 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. zipDJ DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, zipDJ WEBSITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH zipDJ WEBSITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS AND THE SUITABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENETS AND ACCURACY OF THE INFORMATION, PRODUCTS AND RELATED GRAPHICS CONTAINED WITHIN zipDJ WEBSITE, SERVICE OR PRODUCTS.
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. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY THIRD-PARTY SITE ACCESSED THROUGH THIS SITE.
GOVERNING LAW AND JURISDICTION AND OTHER MISCELLANEOUS MATTERS: The disclaimers, terms and conditions and use of zipDJ WEBSITE is governed by, and construed and enforced in accordance with the Ontario provincial and Canadian federal laws, without giving effect to any principles of conflicts of law. You hereby unconditionally consent to the jurisdiction of and venue in the federal and province courts located in Toronto, Ontario, Canada in all disputes arising out of or relating to any action, suit, or proceeding based upon, resulting from, arising out of, or relating to your access to or use of this site, or for the recognition or enforcement of any judgment resulting from any such action, suit or proceeding.
CONTINUING VALIDITY: If any term or other provision hereof is determined by any court of competent jurisdiction to be invalid, illegal, or unenforceable in whole or in party by reason of any applicable law or public policy, and such determination becomes final and non-appealable, such term or other provision will remain in full force and effect to the fullest extent permitted by law, and all other terms and provisions hereof will remain in full force and effect in their entirety.
REFUND POLICY: zipDJ will issue a Refund on your subscription only if it is within the first 10 days of your sign up date. There are no refunds on any software or downloaded items from zipDJ.
RIGHT TO AMEND: zipDJ RESERVES THE RIGHT TO MAKE CHANGES TO THIS SITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTICE. THE PRIVACY STATEMENT CONTAINED HEREIN IS NOT INTENDED AS A CONTRACT OR AS CREATING ANY LEGAL RIGHTS, AND MAY BE AMENDED FROM TIME TO TIME.