PLEASE READ THESE TERMS &CONDITIONS (\"Terms & Conditions\") CAREFULLY BEFORE USING THEtopdj.net WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEYAFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
topdj.net (\"topdj.net\",\"we\", \"our\" or \"us\"), provides access to thetopdj.net website, at the url www.topdj.net and related urls (the\"Website\"), and all current and future services, software and dataaccessed via the Website, including the topdj.net widgets and the topdj.net API(the \"Services\"). The Website and the Services are referred totogether in these Terms & Conditions as the \"Platform\".
These Terms & Conditionsgovern your use of the Platform. They apply solely to the Platform and not toany other website or any offline activities of topdj.net (unless stated). Byaccessing or using the Platform (including but not limited to accepting,uploading, submitting or downloading any information or content from or to theWebsite and/or use of the Services) you agree to be bound by these Terms &Conditions.
IF YOU DO NOT AGREE TO BE BOUNDBY ALL OF THESE TERMS & CONDITIONS, DO NOT USE THE PLATFORM.
1. Changes to the Platform and the Terms &Conditions
We reserve the right to add,delete or amend parts of these Terms & Conditions at our sole discretionand at any time without prior notice to you. We will post any changes to theTerms & Conditions on this page and will indicate the effective date of therevised Terms & Conditions at the top of the page. It is important for youto refer to these Terms & Conditions from time to time to make sure thatyou are aware of any changes that we may have made. By continuing to use thePlatform you are agreeing to be bound by the revised Terms & Conditions.
2. Description of Website and the Services
Access to the Platform currentlyprovides users with access to the Services and further online tools andresources such as audio, personalised content, social features and targetedadvertising messages. The Platform enables you to upload, share and discoveraudio and personalised content with all other users on the Platform. Unlessotherwise stated, any new features or tools which are added to the Websiteand/or the Services are subject to these Terms & Conditions. It is possiblethat these Terms & Conditions and a separate end user licence or similaragreement may apply to a bespoke service or product offered by topdj.net. Inthis case, these Terms & Conditions will also apply to any licence orsimilar agreement, unless stated otherwise in the relevant licence or otheragreement. We may add, amend or remove any aspect of the Website and/or theServices at any time without notice. We may also impose limits on certainfeatures and/or restrict access to parts of or all of the Platform withoutnotice or liability to you or any third party. In order to use the Website, youmust obtain access to the Internet and pay any service fees associated withsuch access. In addition, you must provide all equipment necessary to make suchconnection to the Internet, including a computer and modem or other accessdevice.
3. Intellectual Property Ownership and Licence
Copyrights, trademark rights,database rights, design rights and any and all other intellectual property andother rights relating to the Platform existing now or in the future (includingbut not limited to computer programs, source and object code, documentation,software graphics, text, images, designs, videos, animations, databases, logos,domain names, trade names and trade identities - collectively referred to asthe \"Content\") are the property of topdj.net, its subsidiaries, affiliatesand/or licensors.
The Content does not include User Submissions (as defined below) or any othercontent owned by and submitted by users to the topdj.net Platform.
Unless expressly granted in writing by topdj.net, no rights in or to theContent except those expressly set forth within these Terms & Conditionsare granted to you.
The copying, reproduction, re-arrangement, sale, leasing, renting, lending,distribution, redistribution, modification or adaptation, downloading,sideloading, exchanging, creating of derivative works, uploading, posting,transmitting, communication to the public or publication by you, directly orindirectly, of the Content, including the removal or alteration of advertising,except pursuant to the express limited grant of rights hereunder, is strictlyprohibited. You agree to abide by any and all additional notices, informationor restrictions in respect of the Platform contained in any part of the Websiteand/or Services. Exploiting any part of the Platform for a purpose that is notpermitted by these Terms & Conditions is expressly prohibited without priorwritten permission from topdj.net or the applicable intellectual propertyrights holder as identified on the Website.
Subject to your strict compliance with these Terms & Conditions, topdj.netgrants you a limited, personal, non-exclusive, non-commercial, revocable,non-assignable and non-transferable licence to:
1. listen to music streamed fromthe Website
2. submit or upload music, images and other content to the Website strictly aspermitted in accordance with these Terms & Conditions and any other termsposted on the Website;
3. embed topdj.net widgets on your personal website, blog or social networkprofile pages for non-commercial and private use only; and
4. participate in the topdj.net social features and communicate with othermembers of the topdj.net community; You may not embed or otherwise exploit topdj.netwidgets for commercial gain (which includes, for example and withoutlimitation, selling advertising on your site or otherwise monetising anyelement of your site which contains a topdj.net widget). topdj.net alone shallbe responsible for determining, in its discretion, whether any use of a topdj.netwidget constitutes commercial use in each individual case.
4. Links and Third Party Content
topdj.net or third parties mayprovide links on the Platform to other sites or content (\"OtherSites\"). topdj.net has no control over such Other Sites or content, andtherefore makes no claim or representation regarding, and expressly disclaimsresponsibility for, the accuracy, quality, legality, nature, availability orreliability of Other Sites or content linked to by the Platform. The Platformprovides links to you only as a convenience, and the inclusion of any link onthe Platform does not imply our affiliation, endorsement, or adoption of thelinked site or any information therein. Access and use of Other Sites,including the information, material, products and services on Other Sites and/oravailable through Other Sites, is solely at your own risk. When you leave thePlatform, our Terms & Conditions no longer govern. You should reviewapplicable Terms & Conditions, including the privacy and data gatheringpractices, of any Other Sites. In addition, third party advertisers orcommercial partners may offer goods, services and other materials to you on thePlatform. Your correspondence and business dealings with others found on orthrough the Platform and any terms, conditions, warranties and representationsassociated with such dealings, are solely between you and the relevant thirdparty. topdj.net will not be responsible or liable for any loss or damage ofany sort incurred as the result of any such dealings or the offering of suchproducts, services, and other Content on or through the Platform. Descriptionsof, or references to, products, services or publications on the Platform do notimply endorsement of that product, service or publication.
5. Our Linking and Widget Policy
You may include links to theWebsite or include widgets in any website under the following criteria:
(a) You may link to, but notreplicate, the Content;
(b) You must not imply that topdj.net or the Platform are endorsing orsponsoring your website or its products, unless topdj.net has given its priorwritten consent;
(c) You must not present false information about topdj.net or its products orservices;
(d) You must not use any topdj.net Content or Services except as expresslypermitted in these Terms & Conditions or without prior permission from topdj.net;
(e) The website must not contain content that is illegal, obscene ordefamatory, or that could be construed as distasteful, offensive orcontroversial;
(f) The website must not support, endorse or encourage piracy or theunauthorised exploitation of intellectual property rights.
By linking to or embedding awidget in a third party website, you agree that you do and will continue tocomply with the above linking and embedding requirements. We reserve the rightto deny permission to link to the Website or embed widgets for any reason inour sole and absolute discretion.
topdj.net widgets are designed to enable our users to share topdj.net withtheir friends. You are strictly prohibited from using any of the topdj.netwidgets for any form of commercial use, unless with prior written consent from topdj.net.If you are the operator of a commercial website and would like to include topdj.netwidgets in your website, or if you would like to use the widgets for commercialpurposes, please contact us by emailing feedback AT topdj.net DOT com.
topdj.net reserves the right to remove links or to block topdj.net widgets atany time and for any reason in its absolute discretion.
6. Prohibited Uses
1. As a condition of your use ofthe Platform, you will not use the Platform for any purpose that is unlawful orprohibited by these Terms & Conditions. Access to the Platform fromterritories where their access or use thereof is illegal is strictlyprohibited. You are responsible for complying with all local rules, laws, andregulations including, without limitation, rules about intellectual propertyrights, the Internet, technology, data, electronic mail, or privacy.
2. Any use by you of the Platform other than for private, non-commercial use isstrictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade,resell, distribute or exploit, any portion of the Platform, use of thePlatform, access to the Platform, or Content obtained or available through thePlatform, for any purpose other than for your personal, private, non-commercialpurposes.
3. You agree not to defame, harass, abuse, threaten, stalk or defraud users ofthe Platform, or collect, or attempt to collect, personal information aboutusers or third parties without their consent.
4. You agree not to intentionally interfere with or damage, impair or disablethe operation of the Platform or any user's enjoyment of it, by any means,including but not limited to uploading or otherwise disseminating viruses,worms, spyware, adware or other malicious code.
5. You agree not to remove, circumvent, disable, damage or otherwise interferewith any security-related features of the Platform, including but not limitedto any features that prevent or restrict the use or copying of any contentaccessible through the Platform, or features that enforce limitations on theuse of the Platform.
6. You agree not to attempt to gain unauthorized access to the Platform, or anypart of it, other accounts, computer systems or networks connected to thePlatform, or any part of it, through hacking, password mining or any othermeans or interfere or attempt to interfere with the proper working of thePlatform or any activities conducted on the Platform.
7. You agree not to obtain or attempt to obtain any materials or informationthrough any means not intentionally made available through the Platform. Youagree neither to modify the Platform in any manner or form, nor to use modifiedversions of the Platform, including, without limitation, for the purpose ofobtaining unauthorized access to the Platform.
8. You agree that you will not use any robot, spider, scraper, or otherautomated means to access the Platform for any purpose without our express writtenpermission or bypass our robot exclusion headers or other measures we may useto prevent or restrict access to the Platform.
9. You agree not to utilize framing techniques to enclose any trademark, logo,or other Content without our express written consent. You agree not to use anymeta tags or any other \"hidden text\" utilizing topdj.net's name ortrademarks without our express written consent.
10. You will promptly remove any links that topdj.net finds objectionable inits sole discretion. You agree not to use any topdj.net logos, graphics, ortrademarks as part of the link without our express consent.
11. You agree not to make unsolicited offers, advertisements, proposals, orsend junk mail or spam to other users of the Platform. This includes, but isnot limited to, unsolicited advertising, promotional materials or othersolicitation material, bulk mailing of commercial advertising, chain mail,informational announcements, charity requests, and petitions forsignatures.
12. You agree not to reverse engineer, decompile, disassemble or otherwiseattempt to discover the source code of the Platform or any part thereof, exceptand only to the extent that such activity is expressly permitted by applicablelaw notwithstanding this limitation.
13. You agree not to modify, adapt, translate or create derivative works basedupon the Platform or any part thereof, except and only to the extent that suchactivity is expressly permitted by applicable law notwithstanding thislimitation.
14. You represent, warrant and agree that you will comply with the aboveacceptable use requirements. topdj.net reserves the right, in its solediscretion, to terminate any user's account or take such other action as topdj.netsees fit in relation to any user who partakes in any of topdj.net's prohibiteduses or in breach of any of the other terms set forth herein. In extreme casesor as required by law or regulation, topdj.net reserves the right to take courtaction and/or report users to the relevant authorities.
7. User Accounts, Additional Terms, End User LicenseAgreements
In order to access some featuresof the Platform, you will have to create an account. You agree that theinformation you provide to topdj.net upon registration and, at all other times,will be true, accurate, current, and complete. You also agree that you willensure that this information is kept accurate and up-to-date at all times. Youacknowledge, consent and agree that topdj.net may access, preserve and discloseyour account information if required to do so by law or in a good faith beliefthat such access preservation or disclosure is reasonably necessary to:
(a) comply with legal processes;(b) enforce these Terms & Conditions;
(c) respond to a claim that any information submitted by a user violates therights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of topdj.net, its users andthe public.
In some instances, these Terms& Conditions and separate end user licence agreements or terms &conditions that set forth additional conditions may apply to Services orproducts offered via the Website. To the extent there is a conflict betweenthese Terms & Conditions and the terms of any applicable end user licence orsimilar agreement, the end user licence or similar agreement will apply, unlessthe additional conditions expressly state that these Terms & Conditionsapply. In cases where there are no additional terms or conditions stated forany such registrations, services or products, these Terms & Conditions willapply.
When you register for a useraccount you will be asked to provide a username and a password. As you will beresponsible for all activities that occur under your username and/or password,you should keep your password confidential. You are solely responsible formaintaining the confidentiality of your account and password and forrestricting access to your computer, and you agree to accept responsibility forall activities that occur under your account or password. If you have reason tobelieve that your user account is no longer secure (for example, in the eventof a loss, theft or unauthorized disclosure or use of your account ID orpassword), you will immediately notify topdj.net. You may be liable for thelosses incurred by topdj.net or others due to any unauthorized use of youraccount.
topdj.net may decide to runcompetitions, promotions, prize draws and other opportunities on the Websiteand these will be governed by a separate set of terms and conditions. A link tothese terms and conditions will be found on the Website, alongside details ofthe specific competition, promotion, prize draw and other opportunities. It isyour responsibility to read those terms and conditions for details about theterms that shall apply and any eligibility requirements.
10. Copyrights and Copyright Agents
topdj.net aims to respect theintellectual property rights of others. If you believe that your work (or thework of a third party on whose behalf you are entitled to act) has been copied,used, or made available on or through the topdj.net Website in a way thatconstitutes copyright infringement of your intellectual property, pleaseprovide our copyright agent with a copyright infringement notice(\"Notice\") which should include the following written information:
1. a statement that you haveidentified material on the Website which infringes your copyright (or infringesthe copyright of a third party on whose behalf you are entitled to act, ifapplicable);
2. identification of the copyrighted work claimed to have been infringed, or,if multiple copyrighted works at a single online site are covered by a singleNotice, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be thesubject of infringing activity and that is to be removed or access to which isto be disabled, and information reasonably sufficient to permit topdj.net tolocate the material (e.g. a URL and/or screen shot);
4. your full name, email address, postal address and telephone number on whichyou can be contacted;
5. a statement by you that you have a good-faith belief that use of thematerial in the manner complained of is not authorised by the copyright owner,its agent, or the law;
6. a statement by you that the information in the Notice is accurate, and underpenalty of perjury, that the complaining party is authorized to act on behalfof the owner of the exclusive right that is allegedly infringed; and
7. a physical or electronic signature (which may be a scanned copy) of a personauthorized to act on behalf of owner of the work that is allegedly infringed.
We believe it is important tohelp protect the rights that artists have for their original and licensedworks, the following information outlines the anti-piracy measures we have inplace:
1. ACRCloud.com FingerprintingTechnology: All tracks that are subject to a copyright infringement take-downwill be fingerprinted in order to prevent the file from being uploaded again.It is not necessary to register with ACRCoud.com to receive this repeatinfringement protection, it is automatic upon first take-down, however, we urgeyou to get in touch with us & not have a take-down in the first place.
2. Accounts belonging to repeat infringers have their ability to publishpermanently removed, they are forever limited to only private use of ourservice.
topdj.net's agent for notice ofclaims of copyright infringement on or regarding the Website can be reached asfollows: By mail: firstname.lastname@example.org
If you are unsure about yourrights in respect of material, or whether there has been an infringement ofyour rights, we suggest you take legal advice before sending a Notice to topdj.net.
11. User Submissions.
a. General.The Platform permitsthe submission and posting or linking of audio, images, commentary or any othercontent submitted by you and other users (\"User Submissions\"), andthe hosting, sharing, and/or publishing of such User Submissions. UserSubmissions are displayed for entertainment and informational purposes only andare not controlled by topdj.net. topdj.net makes no representations that itwill publish or use your User Submissions in any way and may or may not useyour User Submissions in its sole discretion. You understand that whether ornot such User Submissions are published, topdj.net does not guarantee anyconfidentiality with respect to any User Submissions.
b. Grant of Rights. You shall retain all of your ownership rights in your UserSubmissions. However, by submitting User Submissions to topdj.net, you herebygrant topdj.net and its affiliates a non-exclusive, fully paid-up,royalty-free, perpetual, irrevocable, sublicenseable, and transferable license,throughout the universe, to use, reproduce, distribute, modify, adapt, preparederivative works of, display, perform, and otherwise exploit your UserSubmissions in connection with the topdj.net Platform, including, withoutlimitation, for promoting and redistributing part or all of the Platform (andderivative works thereof) in any media formats and through any media channels.You hereby grant topdj.net and its affiliates and sublicensees the right to usethe name that you submit in connection with such User Submission if they chooseto do so. You hereby irrevocably waive (and cause to be waived) any claims andassertions of moral rights or attribution with respect to your UserSubmissions. You also hereby grant to each user of the Platform a non-exclusivelicense to access your User Submissions through the Platform, and to use,reproduce, distribute, prepare derivative works of, display, and perform suchUser Submissions as permitted by the functionality of the Platform and theseTerms & Conditions.
c. User Submissions Representations and Warranties. You shall be solelyresponsible for your own User Submissions and the consequences of posting orpublishing them. In connection with User Submissions, you affirm, represent,and/or warrant that: (i) you own, or have the necessary licenses, rights,consents, and permissions to use and authorize topdj.net to use all patent,trademark, copyright, or other proprietary rights in and to any and all UserSubmissions to enable inclusion and use of User Submissions in the mannercontemplated by topdj.net and these Terms & Conditions and to grant therights and license set forth above, and (ii) your User Submissions, topdj.net'suse of such User Submissions pursuant to these Terms , and topdj.net's exerciseof the license rights set forth above, do not and will not: (a) infringe,violate, or misappropriate any third-party right, including any copyright,trademark, patent, trade secret, moral right, privacy right, right ofpublicity, or any other intellectual property or proprietary right; (b)slander, defame, libel, or invade the right of privacy, publicity or otherproperty rights of any other person; or (c) violate any applicable law orregulation.
d. User Submissions Prohibited Uses. In connection with your User Submissions,you further agree that you will not: (i) publish misrepresentations that coulddamage topdj.net or any third party; (ii) submit material that is unlawful,defamatory, libellous, slanderous, threatening, pornographic, obscene, vulgar,harassing, harmful, hateful, abusive, racially or ethnically offensive or isotherwise inappropriate; (iii) post advertisements or solicitations ofbusiness; (v) impersonate another person or entity or falsely state orotherwise misrepresent your affiliation with a person or entity; or (v) postUser Submissions that would be harmful to minors in any manner.
e. In any case of violation of any of the above user submission rules andrequirements or as required by law or regulation, topdj.net reserves the rightto take court action and/or report users to the relevant authorities, forinstance but not limited to when a user submission becomes subject of acopyright infringement note.
12. Removal of Content
topdj.net, its affiliates andother designees shall have the right (but not the obligation) to refuse orremove any Content that is available on the Platform, in whole or in part, atany time for any reason or no reason, with or without notice and with noliability of any kind.
13. Disclaimer of Warranties
THE PLATFORM, INCLUDING, WITHOUTLIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSEDTHROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED \"AS IS,\" \"ASAVAILABLE, \" AND \"WITH ALL FAULTS.\" TO THE FULLEST EXTENTPERMISSIBLE BY LAW, topdj.net AND ITS AFFILIATES MAKE NO REPRESENTATION ORWARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:(A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THEPLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THEPLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THEPLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE ORHYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION,CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITYASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORMOR ANY LINKED SITE. topdj.net DOES NOT WARRANT THAT THE PLATFORM, ANY OF THEPLATFORM' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED ORERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERSTHAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
topdj.net DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OFTHE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, topdj.netSPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT ATYOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIESARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THESERVICES OR THE CONTENT. FURTHER, topdj.net AND ITS SUBSIDIARIES AND AFFILIATESDISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIEDWARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
topdj.net, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS,EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE\"topdj.net ENTITIES AND INDIVIDUALS\") SHALL NOT BE LIABLE IN ANYEVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUTLIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANYJURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHERWARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAWOF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USEOF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
14. Disclaimers/Limitation of Liability
WITHOUT LIMITATION OF ANYTHINGELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT topdj.netFURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SETFORTH BELOW: UNDER NO CIRCUMSTANCES SHALL topdj.net, ITS SUBSIDIARIES, ORAFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVESOF EACH OF THEM (COLLECTIVELY, THE \"topdj.net ENTITIES ANDINDIVIDUALS\") BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND,INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL,EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY ORINDIRECTLY RELATED TO (1) THE PLATFORM, THE CONTENT, OR YOUR USER SUBMISSIONS;(2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM OR ANY OF THECONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH ANINVESTIGATION BY topdj.net OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OFTHE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHTOWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THEPLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE topdj.netENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESWHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING,WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OFGOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM).NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES topdj.net'SLIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE;(B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OREXCLUDED BY LAW.
IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OROTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICHTHESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENTAND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID ORUNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS &CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING ANDENFORCEABLE.
THE topdj.net ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TOANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT ORTECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH ORFROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANYOTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THEPLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OFTHE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING ANDUSING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENTYOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF topdj.net'S ACTS OROMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENTTO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE,PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUALCONTENT OWNED OR CONTROLLED BY topdj.net AND/OR ITS SUBSIDIARIES, AND/ORAFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN ORRESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OREXPLOITATION OF ANY topdj.net WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM,MUSIC, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOURUSER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
You agree to indemnify, hold harmless,and keep topdj.net, its subsidiaries and affiliates, and their respectiveowners, officers, managers, members, agents and employees, fully andeffectively indemnified with respect to any and all costs, claims, demands,investigations, liabilities, losses, damages, judgments, settlements, costs andexpenses, including attorneys' fees arising out of or in connection with theseTerms & Conditions, including, without limitation: (a) your use of thePlatform; (b) your violation of these Terms & Conditions or any law, ruleor regulation; (c) your use of the Content; or (d) your placement ortransmission of any of your User Submissions or any other content or materialson or through the Platform. You will cooperate as fully and reasonably asrequired by topdj.net in the defence of any claim. Notwithstanding theforegoing, topdj.net retains the exclusive right to settle, compromise and payany and all claims, demands, proceedings, suits, actions or causes of actionswhich are brought against topdj.net herein under the terms and provisions ofthis Section 15 and in no event shall you settle any such claim without topdj.net's prior written approval.
16. Governing Law
These Terms & Conditions andthe interpretation of these Terms & Conditions shall be governed by andconstrued in accordance with the laws of Germany.
Unless otherwise stated, anyother rules, restrictions, guidelines and terms and conditions that may beposted or made available in connection with a particular feature on the Websiteor Service are incorporated by this reference into these Terms &Conditions.
You are solely responsible for compliance with applicable laws, rules, andregulations in connection with your use of the Platform and the Content,including, without limitation, those governing your transmission or use of anysoftware or data.
These Terms & Conditions and any applicable end user licence or similaragreements contain the sole and entire agreement between topdj.net and itsusers with respect to the Platform, the Content and User Submissions andsupersedes any and all other prior written or oral agreements between topdj.netand its users. If any provision of these Terms & Conditions shall be heldinvalid or unenforceable by any court of competent jurisdiction or as a resultof future legislative action, such holding or action shall be strictlyconstrued and shall not affect the validity or effect of any other provision ofthese Terms & Conditions. No waiver on the part of topdj.net of any ofthese Terms & Conditions will be of any force or effect unless made inwriting and signed by a duly authorized officer of topdj.net. Nothing in theseTerms & Conditions are intended to confer on any third party (whetherreferred to in the Terms & Conditions by name, class, description orotherwise) any benefit or any right under any legislation in any country toenforce any provisions of these Terms & Conditions.
You understand and agree that topdj.netwill determine your compliance with these Terms & Conditions in its solediscretion. topdj.net reserves the right to restrict, suspend, deny orterminate access to all or part of the Website or any Service and to denyaccess to any person in its sole discretion without notice or liability of anykind. topdj.net maintains a policy that provides for the termination inappropriate circumstances of the Website use privileges of users who are repeatinfringers of intellectual property rights and/or any other breaches of any ofthese Terms & Conditions. Any violation of these Terms & Conditions maybe referred to law enforcement authorities. Upon termination of your useraccount or access to the Web Site, or upon demand by topdj.net, you mustdestroy all materials obtained from the Platform and all related documentation.