DJ Center Terms & Conditions
The following Terms of Service and any guideline, policy or content displayed on the Website, are a legally binding contractual agreement between you (“User”, “you,” “your”) and DJ CENTER MUSIC GROUP S.A.S / www.djcenter.com (“Djcenter.com”, “we”, “us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the services available from the domain and sub-domains of www.djcenter.com (the “Website”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
Overview and Definitions :
DJCenter.com is an online marketplace that enables buyers of music professional products & services (“Buyers”) to search for, enter into and manage transactions with providers of professional products & services (“Freelancers” and, collectively with Buyers, “Registered Users”). The Website contains features that enable Freelancers and Buyers to do, among other things, the following:
Buyers: Search Jobs, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award Jobs to Freelancers, manage Jobs, leave feedback for Freelancers, and pay Freelancers.
Freelancers: Create profiles, Post Jobs, advertise capabilities, submit Quotes, negotiate with Buyers, obtain Job orders, invoice, obtain feedback from Buyers, and receive payment from Buyers.
We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
Account: means the account created by the Website upon registration.
Assumed Payment Liabilities: shall mean that portion of a Freelancer’s total service charges for a Job which DJCenter.com agrees to assume in consideration of the Service Charges.
Arbitration Service: means the service described in Section 6.
Buyer’s Acceptance of Services: shall mean: (i) with respect to an Order, a transfer of funds by Buyer to DJCenter.com in respect of such Order or (ii) with respect to the Payment Service, the earlier to occur of the following: (a) Buyer and the Freelancer agree as to the rightful recipient of the funds or (b) Buyer and Freelancer have concluded the process comprising the Arbitration Service.
DJCenter.com Billing and Payment Services: means, collectively, the DJCenter.com Order Service and the Payment Service.
DJCenter.com Order Service: means the service described in Section 5(A).
Payment Service: means the service described in Section 5(B).
Service Charges: means, as applicable, the Job, Handling, Withdraw, and Arbitration Service Fees.
Services: means, collectively, the DJCenter.com Order and Payment Service and the Arbitration Service.
Website: means the world wide web site operated by DJCenter.com at https://www.djcenter.com & http://www.djcenter.comor any replacement URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Guru.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
(C) Accounts and Profiles
General. Once you have registered with the Website as a Registered User, the Website will create your Account with DJCenter.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Guru.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.
DJCenter.com provides Registered Users several different levels of options. The availability of these level options is dependent upon (i) the Registered User’s status as an Buyer or a Freelancer (ii) any subsequent upgrades or downgrades of level options after registration.
Buyers: All Buyers have the level benefits described here. Note, level benefits may change at the sole discretion of DJCenter.com.
Freelancers: Freelancers may be be able to choose from different level options.
(A) Buyer and Freelancer
Job Agreement: The engagement, contracting and management of a Job are between a Buyer and a Freelancer. Upon acceptance of a Quote, the Buyer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following : (a) the Job details between Buyer and Freelancer including the Quote, Job Description, and other terms and conditions as communicated between Buyer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by DJCenter.com (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. Buyer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Buyer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
Independence: Buyer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or Buyer-employee relationship between Freelancer and Buyer or between DJCenter.com and any Buyer or Freelancer.
(B) Registered Users and DJCenter.com
General: DJCenter.com is not a party to the dealing, contracting and fulfillment of any Job between a Buyer and a Freelancer. DJCenter.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Buyers to pay for services, or that a Buyer or Freelancer can or will actually complete a Job. DJCenter.com is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Buyer and a Freelancer. DJCenter.com will not provide any Freelancer with any materials or tools to complete any Job. Buyers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Job Agreement: Buyer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement. Buyer and Freelancer therefore appoint DJCenter.com as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, DJCenter.com by these Terms of Service. Buyers and Freelancers further agree that DJCenter.com has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as DJCenter.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and DJCenter.com, except and solely to the extent expressly stated.
Taxes: Registered Users are responsible for payment and reporting of any taxes. Other than VAT, DJCenter.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by DJCenter.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event DJCenter.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, DJCenter.com will deem such receipt a breach of this section and will suspend your Account until DJCenter.com received an Internal Revenue Service Release.
(A) Membership Fee
There are no Membership Fee, the platform is open to Buyers and Freelancers with free registration.
(B) Service Fees
DJCenter.com deducts one or more of the following fees, as applicable, from payments made by Buyers to Freelancers using the DJCenter.com Order and Payment Services:
Job Fee: DJCenter.com charges all Freelancers a Job Fee. The fee is based on a Freelancer’s level type and is deducted from the total amount paid by an Buyer for a Job excluding VAT and payment processing fees.
Buyer Payment Handling Fee: When an Buyer pays a Freelancer, a Payment Handling Fee (4%) will be added to the invoice total.
Freelancer Transfer Method Fee: If, upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer as described here. Transfers made through use of automated method like Paypal will incur no such fee.
Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of resolution and any resulting disbursements, DJCenter.com charges a Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) or five percent (5%) of the total amount paid by a Buyer to DJCenter.com for the applicable Job to which such payment relates.
Buyer Withdraw Fee: When the Buyer withdraws funds from their e-wallet account there is a withdrawal fee (4%). This fee will be subtracted from the amount withdrawn.
(C) Changes: We reserve the right to change any fees associated with DJCenter.com at any time, at the sole discretion of DJCenter.com. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
DJCenter Order And Payment Services
(A) DJCenter Order Service
The DJCenter Order Service enables Freelancers to receive orders and enables Buyers to make payments for services.
(B) Payment Service
The Payment Service enables Buyers to transfer certain payment responsibilities to DJCenter.com.
General: At a Buyer’s request, upon payment to DJCenter.com by Buyer for services to be rendered by a Freelancer, DJCenter.com will assume responsibility for the payment for such Freelancer’s services (less VAT and applicable Service Charge). DJCenter.com agrees not to pay Freelancers for services until after the occurrence of a Buyer’s Acceptance of Services. You acknowledge that such funds will belong to DJCenter.com immediately upon such funds being transferred to DJCenter.com by you. However, DJCenter.com agrees to refund such funds to Buyer in the event that (a) a Freelancer acknowledges that services have not been completed or (b) Buyer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that Buyer is the rightful recipient of such funds. DJCenter.com agrees to keep both Buyer and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
SafePay Disputes: If a Buyer or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Buyer and Freelancer agree that DJCenter.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. DJCenter.com’s obligation to pay any Payment (less VAT and applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(C) Funds Transfer
General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if DJCenter.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, DJCenter.com has the right to refuse to process such request.
Hold on Transfers: DJCenter.com reserves the right, at its sole discretion, to place a hold on requested transfers if DJCenter.com suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. DJCenter.com will release a hold as soon as practical.
(D) Legal Relationship
DJCenter.com is not your agent with respect to any funds that have been transferred to DJCenter.com for any Assumed Payment Liabilities.
Each Freelancer must properly discharge and credit Buyers for all payments that DJCenter.com makes to such Freelancer in respect of services provided to such Buyers.
DJCenter.com acts as a payment provider by creating, hosting, maintaining, and providing the DJCenter Order and Payment Services to you via the Internet. DJCenter.com does not have any control over the services invoiced or paid for with the DJCenter Order and Payment Services. Additionally, DJCenter.com does not control whether a Buyer or Freelancer will actually complete the underlying transaction. DJCenter.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute DJCenter.com as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
By using the DJCenter Order and Payment Services, you expressly acknowledge that
DJCenter.com is not acting as a trustee or a fiduciary of Buyers or Freelancers and that the DJCenter Order and Payment Services are provided to Registered Users administratively;
DJCenter.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the DJCenter Order and Payment Services are payment services rather than a banking services; (c) DJCenter.com IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH DJCenter.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
(E) Miscellaneous Payment Terms
Authorized Payments are Final: Your use of the DJCenter Order and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When a Buyer’s Acceptance of Services has occurred, (i) DJCenter.com shall have no further liability to any party with respect to Payment for such services, (ii) Buyer acknowledges that DJCenter.com has provided a complete service in respect of the payment made by Buyer for the Assumed Payment Liability or Invoice, as applicable and (iii) Buyer hereby releases DJCenter.com from any and all liability with respect to such Payment.
Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. DJCenter.com reserves the right to seek reimbursement from you, and you will reimburse DJCenter.com, if DJCenter.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if DJCenter.com receives a charge back or reversal from any Buyer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge DJCenter.com’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by DJCenter.com in an effort to investigate fraud. You agree that DJCenter.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency: The DJCenter Order and Payment v operate in Euros and therefore DJCenter.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than Euros, nor is DJCenter.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
Exclusivity and Non-Circumvention: Buyers agree to use the DJCenter Order and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the DJCenter Order and Payment Services or any associated fees. As a Freelancer, you agree to use DJCenter Order and Payment Services to receive all payments from Buyers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the DJCenter Order and Payment Services or any associated fees.
Notification: As a Buyer, you agree to notify DJCenter.com immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify DJCenter.com immediately if your Buyer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the DJCenter Order and Payment Services, please submit a confidential report to DJCenter.com by fax at +33 1 56 21 37 88 or contact us.
Agreement to Pay: If, for any reason, DJCenter.com does not receive payment for any amounts that you have authorized to be paid through your use of the DJCenter Order and Payment Services, you agree to pay such amount immediately upon demand by DJCenter.com. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by DJCenter.com in collecting from you the authorized but unpaid amount. In such case, DJCenter.com may, at its option, stop processing any further payments made by you and apply any amounts then held by DJCenter.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the DJCenter Order and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
DJCenter.com offers the Arbitration Service to those Registered Users that have funds in our payment processing system and requested DJCenter.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) Pursuant to a Job posting by a Buyer through the Website, (ii) Pursuant to a Quote for by a Freelancer through the Website for such Job posting and (iii) Pursuant to an acceptance through the Website by the Buyer for such Quote. Buyer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
Arbitration: In any case where the Buyer and a Freelancer cannot mutually agree on the distribution of the funds in payment processing system, you expressly agree to and acknowledge that DJCenter.com or a third party chosen by DJCenter.com will arbitrate the dispute in accordance with these Terms of Service and the Website.
You acknowledge and agree that DJCenter.com will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Buyer and the Freelancer submit for review.
DJCenter.com shall render its decision within five (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
You agree that the decision of DJCenter.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.
You agree and acknowledge that (i) DJCenter.com will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by DJCenter.com using the e-mail address corresponding with your Account registered at the time Arbitration is opened.
You agree and acknowledge that (i) DJCenter.com is not providing legal services to you, (ii) DJCenter.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on DJCenter.com for any such counsel. You agree to indemnify and hold harmless DJCenter.com and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request DJCenter.com to assume the Assumed Payment Liabilities.
Terms, Termination And Suspension
These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or DJCenter.com as provided for under the terms of this section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) DJCenter.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to DJCenter.com for any service and to any Freelancer for any services.
Any termination of an Account will automatically lead to the termination of all related profiles.
Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for DJCenter.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the DJCenter Order and Payment Services or otherwise reduce fees owed DJCenter.com under these Terms of Service, you must pay DJCenter.com for all fees owed to DJCenter.com and reimburse DJCenter.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
Privacy And Confidentiality
Intellectual Property and Private Policy
(A) DJCenter.com Content
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the DJCenter.com Private Policy. It is your responsibility to review the DJCenter.com Private Policy, which is incorporated by reference, and we suggest that you review the Private Policy and print a copy for yourself. The Private Policy is posted on the Website and may be updated from time to time.
(B) Registered User Content
You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through DJCenter.com’s feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
You hereby assign to DJCenter.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing DJCenter.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
(C) Removal of Content for which Copyright Infringement Is Claimed
Pursuant to 17 USC. Â§ 512 as amended by Title II of the Digital Millennium Copyright Act, DJCenter.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and fax it to DJCenter.com Copyright Infringement Notices at +33 1 56 21 37 88.
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. Â§ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer to locate the material.
Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.
Representations, Disclaimers, Limitations And Exclusions
(A) Registered User Representations and Warranties
All Registered Users represent, warrant, and agree:
(B) Warranty Disclaimer
THE SERVICES PROVIDED BY DJCenter.com OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(C) Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(D) General Release
If you have a dispute with another Registered User, you release DJCenter.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, hold harmless and indemnify DJCenter.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by DJCenter.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against DJCenter.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the DJCenter Order and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
The Website may contain links to third-party web sites not under the control or operation of DJCenter.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on DJCenter.com’s part to store, backup, retain, or grant access to any information or data for any period.
Miscellaneous Terms And Conditions
(A) Compliance with Law
You are responsible for compliance with applicable French and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
(B) Modification and Waiver
DJCenter.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of DJCenter.com. No delay or omission by DJCenter.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(D) Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of DJCenter.com, and any attempt to do so will be null and void. DJCenter.com may assign these Terms of Service in its sole discretion.
(E) Force Majeure
Except for the payment of fees to DJCenter.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
If to DJCenter.com : DJ CENTER MUSIC GROUP S.A.S
2bis Rue Fallempin
If to Registered User:
To the address associated with Registered User’s access or login information.
(H) Headings and Labels.
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and DJCenter.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason.