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ADVISORY / DISCLAIMER - For DJs Only!
Mymp3pool is a MP3 music audio resource for professional DJs Only (Radio Mixshow, Club and Mobile Entertainers)
Mymp3pool operates a website and provides a digital record pool service primarily for music industry professionals and is owned and operated by DDJG, Inc. (a US corporation). Our digital record pool ("Service") will deliver promotional music and/or video and information ("Material") regarding artists and labels through our website primarily to authorized music industry and non-broadcast/non-resale professionals and promoters. As applicable, for use only in ASCAP, BMI & SESAC performance rights complaint venues for promotional purposes only as defined by the US Copyright Act.
TERMS AND CONDITIONS
Carefully Read These Terms And Conditions. By Availing Yourself Of The Website, Materials Or Related Services, You Are Consenting To Be Bound By These Terms And Conditions As Such Terms May Be Modified From Time To Time.
Mymp3pool Will Digitally Deliver Promotional Music And Promotional Information Regarding The Recording Artist's Featured, (Collectively, "Materials") Using A Password-protected, Via The Internet By Access From The Website, To Authorized FCC-licensed Radio Station Employees, College Radio, Satellite Radio, Internet Radio, Club, Mobile And Mix Show Dj's ("Users") For Promotional Review Of The Materials For Airplay Consideration.
We can change, update, adjust, delete or modify any of the MP3 package plans at anytime without any notice.
THERE ARE NO REFUNDS
As we are offering non-tangible digital goods, we do not issue refunds after the purchase has been made to join. Please note that by purchasing to join you agree to the terms of the Refund Policy - No Refunds.
Mymp3pool Grants To You Non-exclusive, Non-transferable, To Review And Download Materials On The Website For Promotional Purposes Only. Except As Set Forth Here, No Interest, Title, Rights Or License To Any Software, Documentation, Hardware, Or Any Intellectual Property Embodied Or Used In Connection With The Materials, Or The Website Is Transferred To You.
2. Modification Of Terms And Conditions:
Mymp3pool May Modify These Terms And Conditions From Time To Time In Its Sole Discretion. When Such Modification Is Made, Mymp3pool Will Post A Revised Version Of These Terms And Conditions On The Website. Modifications Will Be Effective When They Are Posted. Mymp3pool Is Not Required To Provide You With Notification That Any Such Modification Has Been Made. It Is Your Responsibility To Review These Terms And Conditions From Time To Time To Be Aware Of Any Such Modifications. Each Time You Log On To The Website, You Will Be Deemed To Have Accepted Any Such Modifications.
3. Term And Termination:
The Terms And Conditions Of Use Is For An Ongoing Term, Not Specific In Length, Which May Be Terminated By Either Party Without Written Notice. If Mymp3pool Believes You Are Misusing Your Access To The Website Or That Your Password/Login Information Has Been Stolen, Your Registration Will Be Terminated Immediately. Upon Violation Of These Terms And Conditions Of Use, All Of Your License Rights Terminate.
4. Territory: USA
5. Privacy/Tracking Services:
Mymp3pool Shall Not Be Responsible For Delay In Posting Of Materials To The Website Or Your Inability To Review Or Download Materials, Due To Any Reason, Including, Without Limitation, Acts Of God, Your Actions, A Content Provider's Actions, Rescheduling Due To Priorities Or Governmental Acts, Regulations Or Requests, Fire, Accident, Strike, Slowdown, War, Riot, Or Delay In Transportation.
Users Are Program Directors, Music Directors, Production Directors And Mixers Of Fcc-licensed Radio Stations, As Well As College Radio, Satellite, Internet, Club, And Mix Show Dj's. Information Provided By Potential Users Shall Be Verified. Upon Verification, The User Will Receive A Password To Access The Materials On The Website.
8. Copyright Policy: The Material available through the Service is/are the property of the Content Providers or its licensors (or DDJG inc) and is protected by copyright, trademark, patent and other intellectual property laws. You may NOT substantially modify, distribute, or reproduce in any way any copyrighted Material, trademarks, or other proprietary information belonging to others (for profit or otherwise), and you have no right to provide any files obtained through the Service to any other party through any other means, without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Mymp3pool website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the Material that you claim is infringing is located on the DJcity website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Once such documentation has been received and signature accepted by an authorized Mymp3pool officer, all offensive content will be removed from the Website or Service. Notwithstanding the foregoing, you shall be allowed to reasonably edit, re-mix, blend, mash-up, add intros/outros, compile and create derivative works of the Content and perform the Content online (including on mobile and tablet platforms) and offline in customary media (i.e., spinning at clubs/radio, mixtapes/CDs, mixshows, blogs, social media, audience-driven events, etc.), solely for promotional and non-commercial personal/professional use purposes, and with proper credit given to the Content Providers and underlying performers, producers, songwriters.
You Expressly Understand And Agree That:
A. Your Use Of The Service Is At Your Sole Risk. The Service Is Provided On An "As Is" And "As Available" Basis. Mymp3pool Expressly Disclaims All Warranties Of Any Kind, Whether Express Or Implied, Including, But Not Limited To The Implied Warranties Of Merchantability, Fitness For A Particular Purpose And Non-infringement.
B. Mymp3pool Makes No Warranty That:
(I) The Service Will Meet Your Requirements, (II) The Service Will Be Uninterrupted, Timely, Secure, Or Error-free, (III) The Results That May Be Obtained From The Use Of The Service Will Be Accurate Or Reliable, (Iv) The Quality Of Any Products, Services, Information, Or Other Material Purchased Or Obtained By You Through The Service Will Meet Your Expectations, And (V) Any Errors In The Software Will Be Corrected.
C. Any Material Downloaded Or Otherwise Obtained Through The Use Of The Service Is Done At Your Own Discretion And Risk And That You Will Be Solely Responsible For Any Damage To Your Computer System Or Loss Of Data That Results From The Download Of Any Such Material.
D. No Advice Or Information, Whether Oral Or Written, Obtained By You From Mymp3pool Or Through Or From The Service Shall Create Any Warranty Not Expressly Stated In The Terms And Conditions Of Use.
E. A Small Percentage Of Users May Experience Epileptic Seizures When Exposed To Certain Light Patterns Or Backgrounds On A Computer Screen Or While Using The Service. Certain Conditions May Induce Previously Undetected Epileptic Symptoms Even In Users Who Have No History Of Prior Seizures Or Epilepsy. If You, Or Anyone In Your Family, Have An Epileptic Condition, Consult Your Physician Prior To Using The Service. Immediately Discontinue Use Of The Service And Consult Your Physician If You Experience Any Of The Following Symptoms While Using The Service -- Dizziness, Altered Vision, Eye Or Muscle Twitches, Loss Of Awareness, Disorientation, Any Involuntary Movement, Or Convulsions.
10. Limitation Of Liability :
You Expressly Understand And Agree That Mymp3pool Shall Not Be Liable To You For Any Direct, Indirect, Incidental, Special, Consequential Or Exemplary Damages, Including But Not Limited To, Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses (Even If Mymp3pool Has Been Advised Of The Possibility Of Such Damages), Resulting From: (I) The Use Or The Inability To Use The Service; (Ii) The Cost Of Procurement Of Substitute Goods And Services Resulting From Any Goods, Data, Information Or Services Purchased Or Obtained Or Messages Received Or Transactions Entered Into Through Or From The Service; (Iii) Unauthorized Access To Or Alteration Of Your Transmissions Or Data; (Iv) Statements Or Conduct Of Any Third Party On The Service; Or (V) Any Other Matter Relating To The Service. Notice: We are not responsible for mislabeled (and or) mistagged clean versions (and or) radio edits of songs that may be explicit. We do not make the clean versions (and or) radio edits, that is how they come from the record labels. If you have a song that is mislabeled (and or) mistagged but it is not clean, please let us know so we can request a new edit.
11. Exclusions And Limitations
Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, Some Of The Above Limitations Of Sections May Not Apply To You.
Notices Or Communications Under These Terms And Conditions Of Use Shall Be Sent By Electronic Mail Or In Writing And Shall Be Deemed Delivered Upon Receipt To The Party To Whom Such Communication Is Directed, At The Following Addresses: (A) If To Mymp3pool, Such Notices Shall Be Addressed To info@Mymp3pool.com, (B) If To You, Such Notices Shall Be Addressed To The Email Address You Provided When You Subscribed To The Website.
13. Choice Of Law/Jurisdiction/Venue:
The Terms And Conditions Of Use Shall Be Governed By And Construed In Accordance With, And All Legal Issues Arising From Or Related To Either Party's Use Of, Or Participation In The Website Or Materials Shall Be Determined By The Laws Of The State Of Illinois Without Regard To That State's Conflict-of-law Provisions. The State And Federal Courts Of Illinois Shall Be The Exclusive Forum And Venue To Resolve Any And All Disputes Arising Out Of Or Relating To The Terms And Conditions Of Use Or The Subject Matter Hereof. You Consent To Personal Jurisdiction And Venue In The Appropriate Court In Illinois County, Illinois.
Entire Agreement. The Terms And Conditions Of Use Constitutes The Entire Agreement Between You And Mymp3pool And Governs Your Use Of The Service, Superseding Any Prior Agreements Between You And Mymp3pool With Respect To The Service. You Also May Be Subject To Additional Terms And Conditions That May Apply When You Use Or Purchase Certain Other Mymp3pool Services, Affiliate Services, Third-party Content, Or Third-party Software.
Waiver And Severability Of Terms. The Failure Of Mymp3pool To Exercise Or Enforce Any Right Or Provision Of The Terms And Conditions Of Use Shall Not Constitute A Waiver Of Such Right Or Provision. If Any Provision Of The Terms And Conditions Of Use Is Found By A Court Of Competent Jurisdiction To Be Invalid, The Parties Nevertheless Agree That The Court Should Endeavor To Give Effect To The Parties' Intentions As Reflected In The Provision, And The Other Provisions Of The Terms And Conditions Of Use Remain In Full Force And Effect.
No Right Of Survivorship And Non-transferability. You Agree That Your Mymp3pool Account Is Non-transferable And Any Rights To Your Mymp3pool I.D. Or Contents Within Your Account Terminate Upon Your Death. Upon Receipt Of A Copy Of A Death Certificate, Your Account May Be Terminated And All Contents Therein Permanently Deleted. Statute Of Limitations. You Agree That Regardless Of Any Statute Or Law To The Contrary, Any Claim Or Cause Of Action Arising Out Of Or Related To Use Of The Service Or The Terms And Conditions Of Use Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose Or Be Forever Barred. The Section Titles In The Terms And Conditions Of Use Are For Convenience Only And Have No Legal Or Contractual Effect.
15. Your Use Of The Site:
You May Not Use Any “Deep-link”, “Page-Scrape”, “Robot”, “Spider” Or Other Automatic Device, Program, Algorithm Or Methodology, Or Any Similar Or Equivalent Manual Process, To Access, Acquire, Copy Or Monitor Any Portion Of The Site Or Any Content, Or In Any Way Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Site Or Any Content, To Obtain Or Attempt To Obtain Any Materials, Documents Or Information Through Any Means Not Purposely Made Available Through The Site.
Mymp3pool Reserves The Right To Bar Any Such Activity.
You May Not Attempt To Gain Unauthorized Access To Any Portion Or Feature Of The Site, Or Any Other Systems Or Networks Connected To The Site Or To Any Mymp3pool Server, Or To Any Of The Services Offered On Or Through The Site, By Hacking, Password “Mining” Or Any Other Illegitimate Means.
You May Not Probe, Scan Or Test The Vulnerability Of The Site Or Any Network Connected To The Site, Nor Breach The Security Or Authentication Measures On The Site Or Any Network Connected To The Site.
You May Not Reverse Look-up, Trace Or Seek To Trace Any Information On Any Other User Of Or Visitor To The Site, Or Any Other Customer Of Mymp3pool, Including Any Mymp3pool Account Not Owned By You, To Its Source, Or Exploit The Site Or Any Service Or Information Made Available Or Offered By Or Through The Site, In Any Way Where The Purpose Is To Reveal Any Information, Including But Not Limited To Personal Identification Or Information, Other Than Your Own Information, As Provided For By The Site.
You Agree That You Will Not Take Any Action That Imposes An Unreasonable Or Disproportionately Large Load On The Infrastructure Of The Site Or Mymp3pool Systems Or Networks, Or Any Systems Or Networks Connected To The Site Or To Mymp3pool.
You Agree Not To Use Any Device, Software Or Routine To Interfere Or Attempt To Interfere With The Proper Working Of The Site Or Any Transaction Being Conducted On The Site, Or With Any Other Person's Use Of The Site.
You May Not Forge Headers Or Otherwise Manipulate Identifiers In Order To Disguise The Origin Of Any Message Or Transmittal You Send To Mymp3pool On Or Through The Site Or Any Service Offered On Or Through The Site.
You May Not xPretend That You Are, Or That You Represent, Someone Else, Or Impersonate Any Other Individual Or Entity.
16. Fees: You acknowledge that Mymp3pool does and/or reserves the right to charge for the Mymp3pool Service and to change its fees from time to time in its discretion, and to charge customary late fees (the Subscription information is incorporated herein by reference). If Mymp3pool terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. If you cancel your Mymp3pool account before the renewal term, you shall not be entitled to the refund of any unused portion of subscription fees.
17. Termination: This Agreement is for an ongoing term, not specific in length, which may be terminated by either party without written notice. If MyMP3Pool believes you are misusing your access to the website or that your login information has been compromised, your registration will be terminated immediately. Notwithstanding the foregoing, MyMP3Pool may terminate your Account and access to the Service at any time, for any reason, without warning. Even after your Account is terminated, this Agreement will remain in effect.
18. Entire Agreement:
These Terms And Conditions Of Use Sets Forth The Entire Understanding And Agreement Of The Parties As To These Terms And Conditions Of Use's Subject Matter And Supersedes All Prior Proposals, Discussions Or Agreements With Respect To Such Subject Matter.
Mymp3pool is for DJs Only. All Files Are For Promotional Use Only - Not For Sale. Not Open To The Public
Contact Mymp3pool with any questions regarding this Agreement.