Dancetracks Digital: Terms Of Service

Dancetracks Digital
Registration Terms of Service, Privacy, and End-User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.  The terms and conditions stated
in this Agreement below shall at all times govern your use of the
DancetracksDigital website, its software and any content that you may
see or download.

These terms of service and end-user license agreement (the "EULA.")
govern your rights to the DancetracksDigital store and the digital
music files ("Dancetracks Downloads") you download from the
DancetracksDigital store.  It is a legally-binding contract between
you and DTD Holdings, LLC (sometimes referred to below as
"DancetracksDigital", "DTD", "we", or "us" or "our") that grants you a
limited license to access the DancetracksDigital store and to use the
Dancetracks Downloads you select.  In order to purchase the right to
download and access the Dancetracks Downloads, you must agree to the
terms of this EULA  After you have read this EULA, you can indicate
your acceptance of its terms by clicking the "AGREE" button below.  By
installing, copying, or otherwise using the DancetracksDigital store
or its software, you acknowledge that you have read the EULA and agree
to be bound by its terms and conditions.  If you do not agree to (or
cannot comply with) the terms and conditions of this EULA, click the
"DISAGREE" button and do not install, copy, or use the
DancetracksDigital store, software or any Dancetracks Downloads.  By
clicking the "DISAGREE" button, you will be unable to complete the
registration process and you will not be able to download from the
DancetracksDigital store.

GENERAL INFORMATION
You understand that the DancetracksDigital software includes security
components that permit digital information to be protected and that
limit your use and access to the Dancetracks Downloads so that they
may be used only in accordance with licensing rules assigned by DTD
and/or its content suppliers (the "Usage Rules").  The Dancetracks
Downloads are encoded and licensed to you in the MP3 and/or .wav
format.  The approved Usage Rules, below, shall govern your rights
with respect to the Dancetracks Downloads regardless of whether
unauthorized rules have been associated with music downloads by
another party.  This EULA provides: (i) information regarding your
rights with respect to the Dancetracks Downloads; (ii) information
regarding your rights with respect to your access to the
DancetracksDigital store; (iii) information regarding our Customer
Service and refund policies; and (iv) other important legal
information.  DTD's privacy policy applies to the use of the
DancetracksDigital store and its terms are made a part of this EULA by
this reference.  For further information about the mechanics of
downloading or other aspects of your purchase, please refer to our
FAQs.

YOUR RIGHT TO USE THE DANCETRACKSDIGITAL STORE AND ITS CONTENTS.
The DancetracksDigital store and all materials on the
DancetracksDigital store, including but not limited to Downloads, the
Promotional DJ (PDJ) streaming audio, images, software, text, and
video clips (the "Content") are only for your personal use and you
agree that you are purchasing Downloads for your own personal use for
entertainment purposes and not for redistribution of any kind.  The
sale to you of any Download does not convey to you any reproduction or
promotional use rights in the Dancetracks Download (e.g., any uses
that implicate or require synchronization rights or public performance
or print music publishing rights to be obtained and/or paid with
respect to the musical compositions, or any use that would result in
the commercial redistribution or performance of the Dancetracks
Download or the musical composition underlying such download).  You
may not distribute, exchange, modify, sell or re-sell, or transmit to
any other person any materials contained on the DancetracksDigital
store, including but not limited to any text, images, audio, and
video, for any business, commercial or public purpose.  You may not
use any technology to copy any music played on the PDJ, and you may
not play the PDJ in a public space without the prior written consent
of DTD and compliance with copyright law.  You agree to abide by the
rules and policies established from time to time by DTD.  Such rules
and policies will be applied generally in a nondiscriminatory manner
to users of the DancetracksDigital store and related software, and may
include, for example, required or automatic updates, modifications
and/or reinstallations of the software, and obtaining available
patches to address security, interoperability, and/or performance
issues.  DTD (for itself and for its content providers) reserves the
right to enforce the Usage Rules with or without notice to you.  As
long as you comply with the EULA, DTD grants you a non-exclusive,
non-transferable, limited right to enter, display, and use the
DancetracksDigital store.  Downloads and other materials contained in
the Dancetracks Digital store may be owned by DTD or by third parties.
In all circumstances, you understand and acknowledge that your rights
with respect to Content you obtain for use in connection with the
software and the DancetracksDigital store will be limited by copyright
law and by the Usage Rules, as described in the EULA.  You agree not
to interrupt or attempt to interrupt the operation of the
DancetracksDigital store in any way.  Except as provided herein, all
other non-enumerated uses of the DancetracksDigital store are
prohibited and shall constitute a violation of the terms of this
Agreement.

DOWNLOADS LICENSE AND LIMITATIONS ON USE.
DTD hereby grants you a non-exclusive, non-transferable, revocable
license to use the DTD Downloads in accordance with the following
limitations (the "Limitations on Use"):  Permitted Uses: You may play
the DTD Downloads an unlimited number of times on up to five (5)
computers at the same time, burn single-track Dancetrack Downloads an
unlimited number of times to a CD as part of a playlist, and transfer
DTD Downloads to portable music devices.  DTD's permitting burning or
transferring of the DTD Downloads shall not constitute a grant or
waiver (or other limitation or implication) of any rights of the
copyright owners of the sound recording and underlying musical
composition embodied in the DTD Download.  Except as provided herein,
all other non-enumerated uses of the DTD Downloads are prohibited and
shall constitute a violation of the terms of this Agreement.
WARNING: DTD uses watermarking technology. Any Downloads which are
subsequently uploaded or fileshared by you will be indelibly
watermarked with the your IP address and other information. This
information will be made accessible to the authorities upon request so
as to support the ongoing efforts to discourage copyright
infringement. DO NOT UPLOAD OR FILESHARE the music you purchase from
the DancetracksDigital store.

OWNERSHIP OF INTELLECTUAL PROPERY.
All Content on the DancetracksDigital store is protected by copyright
under U.S. law, international conventions, and other copyright laws.
You cannot use the Content except as specified herein.  Any
unauthorized use of the Content may violate copyright laws, trademark
laws, the laws of privacy and publicity, and civil and criminal
statutes.  There are a number of proprietary logos, service marks, and
trademarks (collectively, the "Trademarks") found on the
DancetracksDigital store that are owned by DTD and other third
parties.  Nothing contained on the DancetracksDigital store should be
construed as granting by estoppel or otherwise, any license or right
to use to any Trademark displayed on the DancetracksDigital store.

YOUR ACCOUNT AND PASSWORD
Registration with the DancetracksDigital store will require you to
open an account (including setting up a unique ID and password).  You
may only open an account for yourself, and not for any other person.
You warrant that the information you provide to DTD during the
registration process and any other communications with DTD, is true,
correct, complete, and current and you agree to update such
information as necessary so that it remains current, accurate, and
complete.  You agree that any information provided by you to us will
not violate any law or regulation or infringe the rights of any third
party.  By opening an account, you are certifying that you are capable
of entering a contract under the laws of your jurisdiction.  You will
be asked during the registration process to provide DTD with your
credit card or payment information.  You acknowledge and agree that
the complete privacy of your data and messages transmitted while
registering or using the DancetracksDigital store cannot be
guaranteed.  You agree that you will consult the terms and conditions
that are imposed by you r credit card issuer for notification
requirements and limitations on your liability for loss, theft, or
unauthorized use of your credit card.  You agree that you, and not
DTD, will be solely responsible for the payment of all amounts billed
to your credit card by unauthorized third parties.  You are entirely
responsible for maintaining the confidentiality of your account
information, including your password, and for any activity that occurs
under your DancetracksDigital store account.  You agree to notify DTD
immediately of any unauthorized use of your account or password, or
any other breach of security.  However, you may be held liable for
losses incurred by DTD, its third party licensors, or by any other
user of or visitor to the DancetracksDigital store due to someone else
using your unique ID, password or account.  No person may use anyone
else's unique ID, password or account at any time.  DTD and its third
party licensors cannot and will not be liable for any loss or damage
arising from any failure on the part of any person to comply with
these obligations.

PRIVACY POLICY.
You are required to provide certain contact and personal information
when you open your account with DTD: †All information provided by you
to DTD shall be and shall at all times remain subject to our privacy
policy ("Privacy Policy"):  We shall store you name, address and
e-mail information for use in connection with the provision of DTD's
services hereunder. †We shall not disclose or provide your stored
contact information to any unaffiliated third party unless we are
required to do so by State or Federal government agencies or in the
context of litigation. †The Privacy Policy's terms and conditions may
be adjusted from time to time without further notice to you, and as a
condition of using DTD's services, you hereby expressly waive your
right to such notice. †You hereby warrant and represent that you have
read our Privacy Policy and agree to its terms and hereby consent to
our collection, use and disclosure of your personal information
consistent with the terms and conditions of the Privacy Policy as set
forth herein.

EMAIL COMMUNICATION.
By establishing an account with DTD, you expressly grant permission
for DTD to communicate with you via e-mail at the e-mail address you
provide.

RULES FOR KIDS.
Effective April 21, 2000, the Children's Online Privacy Protection Act
("COPPA") was enacted into law and it imposed new rules regarding the
collection of personal information from children younger than the age
of 13.  Because the DancetracksDigital store is not directed to
children under the age of 13, we cannot offer the DTD Downloads to
such individuals.  If you are under the age of 13, you may not create
an account with the DancetracksDigital store and you shall not be
eligible to participate in any promotions, and you are asked not to
provide any personal information to us.

REFUND POLICY
There are no refunds once a DTD Download is purchased.  When you click
the "Buy Now" button, or other button confirming your purchase, your
music purchases are charged to the credit card or authorized payment
method contained in your DancetracksDigital store account.

PRICES, TAXES, SPECIAL OFFERS AND PROMOTIONS.
Features, specifications, services and/or prices offered from the
DancetracksDigital store may change at any time without notice and DTD
does not provide price protection or refunds in the event of a price
drop or a promotional offering.  Purchases from the DancetracksDigital
store may include sales tax (where applicable) and such tax will be
based on the bill-to address.  In such cases, the sales tax rate in
effect at the time the DTD Download occurs will apply.  If the
applicable sales tax rate changes before the DTD Download has been
completed, the new tax rate, effective at the time of the completion
of the DTD Download, will apply.  You are not eligible for tax
exemptions for purchases made from the DancetracksDigital store.
Other product and service limitations and disclaimers may apply.
Special product or service offerings and promotions displayed on the
DancetracksDigital store are considered no longer valid once they are
removed from the DancetracksDigital store.  Additionally, all
offerings and promotions are subject to change or cancellation at any
time without notice.

CUSTOMER SERVICE.
Customer Service can be accessed by entering the following URL into
your Internet browser window:
http://www.dancetracksdigital.com/support

DTD's RIGHT TO CHANGE THE DANCETRACKSDIGITAL STORE, THESE TERMS OF
SERVICES OR THE EULA
DTD may add to, change or remove any part of the EULA at any time,
without notice.  By accepting the terms of this Agreement, you hereby
expressly waive any right to notice regarding changes to this
Agreement.  Any changes to the EULA apply as soon as they are posted.
You should therefore periodically visit this page by clicking on the
hyperlink entitled "Terms of Service/EULA" at the bottom of the
DancetracksDigital store web pages to review the then-current Terms of
Service and EULA  By continuing to use the DancetracksDigital store
after any changes are posted, you are indicating your acceptance of
those changes.  DTD and/or the owners of the Content may add, change,
discontinue, remove, or suspend any materials posted on the
DancetracksDigital store, including features and specifications of
products described or depicted on the DancetracksDigital store,
temporarily or permanently, at any time, without notice and without
liability.

Electronic Signatures and Contracts.
Your use of the  DancetracksDigital store includes the ability to
enter into agreements and/or to make purchases electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT
AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND
PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC
SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES,
CONTRACTS, AND APPLICATIONS.  YOU AGREE THAT ANY ELECTRONIC
SUBMISSIONS, INCLUDING BUT NOT LIMITED TO CLICKING 'AGREE' OR ANY
OTHER AFFIRMATIVE ACKNOWLEDGEMENTS, ARE INTENDED TO BE AN AFFIRMATION
OF YOUR SIGNATURE AND WILL BE BINDING TO THE FULLEST EXTENT OF THE LAW
IN THE ABSENCE OF A PHYSICAL SIGNATURE.

RISK OF USE.
DTD, its licensors, suppliers and affiliates assume no responsibility,
and shall not be liable for, any damages to, or viruses that may
damage your computer equipment or other property on account of your
access to, use of, or browsing in the downloading of any materials,
software, the PDJ, data, text, images, video, or audio from the
DancetracksDigital store or any other way, whether or not linked from
the DancetracksDigital store.

No Responsibility for Third-Party Materials or Web sites.
Certain content, Products, and services available via
DancetracksDigital may include materials from third parties. In
addition, DTD may provide links to certain third party websites. You
acknowledge and agree that DTD is not responsible for examining or
evaluating the content or accuracy of any such third-party material or
Web sites. DTD does not warrant or endorse and does not assume and
will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or
services of third parties. Links to other websites are provided solely
as a convenience to you.  Your linking is entirely at your own risk.

WARRANTIES AND DISCLAIMER OF WARRANTIES.
THE DANCETRACKSDIGITAL STORE, THE CONTENT, AND THE DTD DOWNLOADS ARE
PROVIDED SOLELY ON AN "AS-IS" BASIS.  EXCEPT AS EXPRESSLY PROVIDED
HEREIN, DTD AND ITS LICENSORS, SUPPLIERS AND AFFILIATES: (1) DO NOT
MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH
RESPECT TO THE DANCETRACKSDIGITAL STORE, THE CONTENT, OR THE DTD
DOWNLOADS; (2) EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OR
MERCHANTABILITY, SATISFACTORY QUALITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE; AND (3) DO NOT WARRANT THAT THE DANCETRACKSDIGITAL STORE, THE
DTD DOWNLOADS OR YOUR USE THEREOF OR THE CONTENT CONTAINED THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE.  YOUR SOLE AND EXCLUSIVE REMEDY
AND WARRANTY AND DTD's AND ITS LICENSORS', SUPPLIERS' OR AFFILIATES'
SOLE OBLIGATION AND LIABILITY HEREUNDER WITH REPSECT TO THE
DANCETRACKSDIGITAL STORE, THE CONTENT, AND THE DTD DOWNLOADS WILL BE,
AT DTD's SOLE OPTION, REPLACEMENT OF THE DEFECTIVE DTD DOWNLOAD(S) OR
A WHOLE OR FULL REFUND OF THE PURCHASE PRICE PAID BY YOU FOR THE
DEFECTIVE DTD DOWNLOAD(S).

LIMITATION OF LIABILITY.
EXCEPT AS EXPRESSLY PROVIDED IN THIS EULA, IN NO EVENT WILL DTD, ITS
LICENSORS, SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT,
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE
DAMAGES OR LOST PROFITS, HOWEVER CAUSED, ARISING FROM OR RELATING TO
THE DANCETRACKSDIGITAL STORE, THE CONTENT, THE DTD DOWNLOADS, THE EULA
OR THE SUBJECT MATTER OF IT UNDER ANY THEORY OF LIABILITY, INCLUDING
BUT NOT LIMITED TO (1) DAMAGES ARISING FROM LOSS OF DATA; AND (2)
DAMAGES ARISING FROM YOUR USE OF THE CONTENT OR THE DTD DOWNLOADS IN
VIOLATION OF THIS EULA, INCLUDING THE LIMITATIONS ON USE.  SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SUCH EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.
You will defend and indemnify DTD and its licensors, distributors,
suppliers and affiliates (and their respective officers, directors,
employees, and agents) against any and all claims, losses, damages,
liabilities, deficiencies, judgments, assessments, fines, costs and
other expenses (including reasonable attorney's fees) arising from or
relating to your use of the DanctracksDigital store, the DTD Downloads
or Content in violation of this EULA

TERMINATION.
This EULA and your rights to access, download and use the DTD
Downloads are subject to immediate termination, without notice, if you
breach any provision of this EULA or if you use the Content or DTD
Downloads in violation of this EULA  If such termination without
notice is expressly prohibited by applicable law, then such
termination will occur upon notice of any such breach.  Upon
termination, you must: (i) cease all use of the DancetracksDigital
store, the Content, and the DTD Downloads, (ii) destroy all electronic
files of the Content and DTD Downloads and (iii) return all physical
copies of the Content and DTD Downloads recorded in recordable blank
media to DTD.

CHOICE OF LAW AND VENUE.
This EULA will be governed by the laws of the state of New York,
without regard to its conflicts of law principles.  You agree that any
claim or dispute arising out of or relating to this EULA will be
brought in an appropriate state or federal court located in New York
County, New York.  You agree to submit to the exclusive jurisdiction
and venue of these courts and waive any jurisdictional, venue or
inconvenient forum objections to such courts.  THE PARTIES SHALL NOT
RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR
ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM,
LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS
OR THE LIKE IN ANY SUCH ACTION OR SUIT.

SURVIVAL.
The paragraphs entitled "INDEMNIFICATION" and "CHOICE OF LAW AND
VENUE" will survive termination of this EULA

ENTIRE AGREEMENT AND SEVERABILITY.
This EULA constitutes the entire agreement between you and DTD with
respect to its subject matter.  No employee or agent of DTD has the
authority to alter or vary any of the policies of DTD, the
DancetracksDigital store or the EULA  If any part of this EULA is
found invalid or unenforceable by a court of competent jurisdiction,
the remainder of this EULA will be interpreted so as to reasonably
effect the intention of the parties.

Registration Version 3.0, Amended as of April 23, 2008