Terms And Conditions Of Use Of Website
This Terms and Conditions (“T&C”) between and among you and Direct Music Service aka DMS (“DMS”) stating the terms that govern your (i.e., customer, registered user, website visitor, DJ, etc.) use of the www.DirectMusicService.com (the “Website”), including it’s music store, blog, products and services located at the Website.
By using the Website, you agree to and are bound by this T&C. You must accept and abide by this T&C as presented to you, and DMS reserves the right to change, add, or remove portions of this T&C at anytime. It is your responsibility to check the T&C each time before using the Website, and your continued use of the Website will indicate your acceptance of any changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below).
- Account Registration.
To use certain services of the Website you must register and provide certain information (e.g. a username, password, billing information, and valid email address (“Registration Data”) to for the purposes of creating 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, rating, communicating, subscribing, purchasing and streaming to all sections of the Website. DMS may terminate your Account, Subscription and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, or, if DMS, in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identify theft or stolen credit cards or artificial purchasing, associated with your registration. You agree that DMS may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify DMS immediately of any unauthorized use of your password and/or Account. DMS 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 DMS, 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, DMS shall have the right to terminate your Account and pursue all available remedies at law.
- 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 and news, 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 DMS, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of DMS or the applicable copyright holder, and except as provided in this T&C, 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. Certain Contents are made available by DMS for streaming, purchase and/or download. The Content is only for your promotional use only. You cannot use the Content for sale, commercial or other purposes.
- Consent to Our Communication with You by Email.
By establishing an Account, you grant permission for DMS to contact you at your provided e-mail address as well as through any of your social media accounts (Facebook, Twitter, Instagram, etc.).
- Community and Brand Features / Public Areas.
The Website may contain features designed to help users, DJs, labels or brands (collectively a “user” or “users”) find and/or exploit Content of personal interest by creating landing pages, pubic profiles, generating short URLs and/or viewing Content that other users or artists have sampled, streamed, uploaded and/or downloaded. These features may include access to a user’s most recently played list and access to a user’s collection of Content. Further, DMS may feature message boards, comment areas, and/or chat rooms that allow for communication and posting of public profiles between users of the Website. DMS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR, EDIT, OR REMOVE ANY ACTIVITY OR CONTENT IN SUCH PUBLIC AREAS, OR TO RESTRICT ACCESS TO OTHER MEMBERS TO VIEW YOUR MUSIC, CONTENT COLLECTION OR PUBLIC PROFILES. DMS is not responsible and assumes no liability for any activity, content, messages and the like that you or any other user posts to a public area or a public profile, or send to another user.
- Age Requirement.
In order to use the 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 T&C, 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 this Website or services being offered on the Website where you need to register and provide certain information to DMS: 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 T&C to your parent or legal guardian, and he or she must click “AGREE” or “JOIN NOW,” as may be applicable, to enter into this T&C 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 T&C 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.
- System Requirements for Usage.
You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to, browse or otherwise use the Internet, and/or (b) to access the Website, and/or (c) to browse, stream, download, upload, play back, or transfer the Content. You may not attempt, nor support others’ attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website or Content. If you access the Website over mobile or via an IOS or Android application, data charges may apply.
- 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 DMS shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
- Charges and Billing.
You agree to pay for all for-fee Products and Subscriptions that you purchase through the Website. DMS may charge your credit card for any Products purchased and Subscriptions 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 DMS to charge your credit card for the above mentioned at DMS’s convenience, but within (30) days of credit card authorization, but no earlier than the purchased Product is available for actual download or delivery, unless as may be required to process pre-order purchases at your request. YOU ARE RESPONSIBLE FOR PROVIDING DMS WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES. At its discretion, DMS 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.
- Limitation on Sales.
DMS reserves the right to refuse access to the Website, sale of Products, stream music, Subscription for any reason to any end user. DMS may terminate any offers for free or special promotions or pricing on merchandise at any time.
- Right to Change Prices and Content Availability.
Prices and availability of Content offered through the Website are subject to change at any time. DMS does not provide price protection or refunds in the event of a price drop or promotional offering.
The monthly fees for Subscriptions are posted on the Website. DMS, in its sole discretion, reserves the right to modify the fees from time to time.
- Payment and Refund Policy.
Payments for Subscriptions are billed in advance on a monthly basis. If you intend to cancel a subscription, you must do so before the next billing period. Please take note that you will be billed for the current monthly period, and the cancellation will apply to the next billing period.
The Subscription Fees for yearly plans are offered at discounted prices. In paying for any of these plans, you agree that these fees are not refundable and you therefore unconditionally subscribe for these periods.
For purchased Products, DMS can provide a refund within 30 days from the date of purchase provided that the Product is unworn and returned in its new conditional. Refunds will be only approved under the acknowledged situations. If a purchase exceeds this period of time, no refund is going to be approved.
If you request a refund due to technical problems, we will do our best to solve your problems. No refund is available if you refuse to provide detailed information about the error (requested by our support team) such as screenshots of error messages, log files, detailed descriptions of your actions, file samples, etc.
- No Responsibility for Typographical Errors.
Due to the rapidly expanding, broad selection of Content on the Website, it is possible that there maybe mistakes in the price, description and picture representing the Content. In such an event, DMS reserves the right not to accept end user orders based upon typographical errors.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
- Order Acceptance Policy.
Your receipt of an electronic or other form of confirmation does not (1) constitute DMS’s offer to sell or (2) convey DMS’s acceptance of your order. DMS 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.
- Charges and Billing.
DMS currently accepts credit cards, coupon and redemption codes. DMS 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 DMS, 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 Subscription and Product orders previously accepted by DMS will survive your termination of your Account.
- Limitations of Content Usage and Copyright.
DMS 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 DMS (“Content Rules”) and described in this T&C or on the Webpage where you acquire access to such Content. You may not attempt, nor support others attempts, 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. DMS RESERVES THE RIGHT TO ENFORCE THE PRODUCT RULES WITH OR WITHOUT NOTICE TO YOU.
Except as otherwise provided herein, you may not copy, reproduce, modify, rent, lease, broadcast, download, transmit, distribute or otherwise disseminate any Downloads or other Content contained on the Website except for your own promotional use. Any copying, distribution, use or sharing is not permitted by this T&C or applicable provisions of the United States Copyright Code, and is in violation of U.S. and international copyright and intellectual property laws.
- 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. You may not play and then re-digitize any Downloads. You may not create any “derivative works” by altering any of the Content, except as permitted herein. You may not use the Downloads 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, STREAMS OR PREVIEWS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.
- Loss of Rights by DMS.
DMS may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Website.
- DMS Username and Subscription Policy.
No two users or DJs can have the same DMS Username or use the same Subscription at anytime. DMS Usernames are provided on a first-come basis.
DMS will not typically intervene in DMS Username disputes. Disputes should be resolved between the parties. However, DMS reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify his/her DMS Username in situations where:
- an account has been inactive for a period of time;
- DMS determines that a DMS Username is offensive, commercial in nature, violative of, or a derivation of, a third party’s trademark or service mark, or is determined by DMS to be otherwise misleading;
- DMS suspects that a DMS Username is being squatted;
- DMS has determined, in its own discretion, the situation is such that removing or reassigning the DMS Username is most appropriate under the circumstances. Any attempts to sell, buy, or solicit other forms of payment in exchange for a DMS Username or Subscription is strictly prohibited and may result in permanent account suspension.
- User Generated Content.
DMS may permit users to post or submit content, including mixes, tracks, playlist compilations, performances, videos, pictures, messages, texts, logos, and other content made available by individual artists, labels, brands, and/or users for the purpose of sharing with DMS users via streaming or otherwise (“User Content”). You are solely responsible for any User Content you may provide and for any consequence thereof. By uploading User Content, you represent and warrant that (i) you own or otherwise control all applicable rights to the User Content, (ii) have the necessary rights to post, upload, transmit or display the User Content on DMS, and (iii) that such User Content, or its use as contemplated by this T&C, does not: (a) violate this T&C, applicable law, or the intellectual property or publicity rights of others; (b) imply an affiliation, endorsement, approval or cooperation with you or your User Content by DMS or any unwilling, or unknowing, third-party, without that party’s express written consent, or (c) cause injury to any person or entity. You agree to defend indemnify and hold harmless DMS, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content. You agree that any loss or damage of any kind that occurs as a result of the use of any User Content you upload, post, transmit, display or otherwise make available through your use of the Website is solely your responsibility. The rights granted herein shall inure for so long as the User Content is provided by you on the DMS Website. Except from those rights specifically granted by herein, you shall retain ownership of all rights, including intellectual property rights, in the User Content that you post on DMS. You acknowledge that no payments shall be made to you for the User Content, except as provided for in this agreement or as may be provided under a separate T&C between you and DMS. DMS reserves the right to remove any User Content, for any reason or no reason at all, including, but not limited to, copyright violations, derogatory or offensive content, User Content that is deemed to be a third-party advertisement or promotional in nature, or User Content that violates this T&C. DMS reserves the right to terminate the user account and DJ profile of users who are repeat offenders of this copyright policy. DMS does not monitor, review, edit, or endorse User Content.
- Suggestions and Other Submissions.
Any feedback, suggestions, ideas, videos, stories, or other similar submissions (“Ideas”) disclosed, submitted, or offered to shall be the exclusive property of DMS. You agree that unless otherwise prohibited by law, DMS may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer system; (iv) provide links to unapproved third party sites; or (v) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
- DMS’s Rights.
By posting messages, inputting data, or engaging in any other form of communication through the Website, you agree that DMS may copy, sub-license, adapt, transmit, publicly perform or display any such Content to provide and/or promote the Website and/or to respond to any legal requirement, claim or threat. If DMS’s use of such Content exploits any proprietary rights you may have in such material, you agree that DMS has an unrestricted, royalty-free, non-exclusive and perpetual worldwide right to do so.
All copyrights in and to the Website, including, but not limited to, (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by DMS and/or its licensors. The use of the Website, or any Content on the Website, except for use as expressly permitted in this T&C, is prohibited and subject to civil and criminal penalties, including possible monetary damages, for copyright infringement. All rights not expressly granted to you in this T&C are reserved to DMS and/or is licensors.
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of DMS and/or its affiliates or licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.
- Violation of Intellectual Property Rights.
This service respects copyright. All rights of the authors of the works protected, reproduced and communicated on this Website are reserved. Unless authorized, any use of the works other than for the purpose of individual and private reproduction and use is prohibited.
If DMS receives a notice alleging that you have engaged in behavior that infringes DMS’s or any other’s intellectual property rights or reasonably suspects the same, DMS may suspend or terminate your Account without notice to you, and shall have no liabilities to you, past or present, for suspension or termination under this paragraph. We take alleged copyright infringement seriously. If you believe that any information or material on the Website constitutes copyright infringement, please email an infringement claim with DMS through:
Subject: Attention – DMS infringement claim
- Enforcement of These Terms.
DMS reserves the right to enlist and take measures that DMS believes are reasonably necessary to enforce, or appropriate to enforce, or verify compliance with any part of this T&C (including but not limited to DMS’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and/or Content is unlawful and/or infringes such third party’s rights). You agree that DMS has the right, without liability or notice to you, to disclose any Registration Data/Account information to law enforcement authorities, government official, and/or third party, as DMS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this T&C (including but not limited to DMS’s right to cooperate with any legal process relating to your use of the Website and/or Content, and/or a third party claim that your use of the Website and /or Content is unlawful and/or infringes such third party’s rights).
- No Responsibility for Third-Party Materials or Web Sites.
The Website may include Products, Content, and services from third parties available via the Website. DMS may include links to third party websites, which are provided solely as a convenience to you. DMS assumes no liability or responsibility for third-party materials or websites, and you acknowledge and agree that DMS is not responsible for evaluating or examining the content or accuracy of any such third-party material or websites.
- Indemnity and Waiver.
By using the Website you agree to defend, indemnify and hold harmless DMS and its agents, employees, directors, contractors, representatives, licensors, technology providers, affiliates, parents and subsidiaries from and against any and all claims, losses, demand, causes of action and judgments (including attorney’ fees and court costs) arising from or concerning your breach of this T&C and your use of the Website or the Content and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. You shall not sue or seek to recover any damages or other payment from DMS and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the T&C and service hereunder.
- Disclaimers and Limitations of Liability.
You agree that from time to time DMS may remove the Website, or portions of the Website, for indefinite periods of time, or cancel the Website, or portions of the Website, at any time, with or without notice to you.
DMS makes no warranty that any particular CD burner, browser, or portable device will be compatible with the Website or any Content offered on the Website.
Under no circumstance shall DMS be liable for any unauthorized use of the Website or its Content.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, DMS shall be entitled to the maximum disclaimers and/or limitation on damages and legality available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed US $10.
All Content on this Website is provided to you on an “as is” “as available” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DMS makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the website. You are responsible for verifying any information before relying on it. Use of the Website and the Content available on the Website is at your sole risk. DMS makes no representations or warranties that use of the website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you may obtain from the Website is free of viruses.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS T&C, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DirectMusicService.com OR ANY SUPPLIER, AND EVEN IF DirectMusicService.com OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DMS may, at its discretion, modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and DMS will not be liable to you or to any third party should it exercise such rights. No refunds will be issued in such cases.
If you fail, or DMS suspects that you have failed, to comply with any of the provisions of this T&C, including but not limited to: failure to make payment of fees due, failure to provide DMS with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities DMS believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights and squatting usernames or accounts, as well as using explicit language or indecent photographs/videos in any profiles, or any other violation of this T&C, DMS, at its sole discretion, without notice to you may: (i) terminate this T&C and /or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your access to the Website (or any part thereof), and seek any other lawful remedy available.
- Export Controls.
The Content offered by DMS may be subject to U.S. export and control laws and regulations.
You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above. You agree to comply with all applicable export and re-export control laws and regulations. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from DMS under these T&Cs to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these T&Cs.
- Governing Law.
The laws of the State of Nevada, of the United States of America, excluding its conflicts of law rules, govern this T&C and your use of the Website. Your use of the Website may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with DMS or relating in any way to your use of the Website resides in the courts of the State of Nevada, U.S.A.
- Contact Us.
If you have any questions, concerns and suggestions about this document, please contact us at: firstname.lastname@example.org