FromSanta4U.com
Terms & Conditions
of Use of this Site
This
Web site (this "Site") is owned and operated
by DJ4U Mobile Entertainment ("DJ4U").
Please
read the following Terms and Conditions of Use (these "Terms
of Use") carefully and in their entirety before
using this Site. Your use of this Site or any content
or material available through this Site (collectively "Materials"),
as well as any other product or service offered by DJ4U
or through this Site for use or sale constitutes your
full and complete acceptance of these Terms of Use. If
you do not agree with any provisions of these Terms of
Use, do no use this Site.
In
addition, you shall be subject to any posted guidelines
or rules applicable to this Site or any services or products
offered through this Site which may be posted from time
to time. All such guidelines or rules are hereby incorporated
by reference into these Terms of Use.
DJ4U
reserves the right, in its sole discretion, to modify,
alter, or otherwise change these Terms of Use at any
time, and you agree to be bound by such modifications,
alterations, and/or additions. These Terms of Use may
be updated by DJ4U from time to time without notice to
you. Accordingly, DJ4U recommends that you periodically
visit this page to review the current Terms of Use. If
you violate any of these Terms of Use, your permission
to use this Site shall automatically terminate.
Copyright & Trademarks
All
Materials on this Site, including without limitation
software, text, graphics, images, audio and video clips,
logos, and button icons, documents and marks constitute
proprietary information, which are owned or controlled
by DJ4U or its content and/or software/technology providers
that have licensed to DJ4U the right to use the Materials.
Unless provided otherwise, you agree that the reproduction,
modification, distribution, transmission, republication,
display, performance, or storage of Materials is strictly
prohibited without the express written permission of
DJ4U and any other owner of such proprietary information
(from whom you are solely responsible for obtaining permission).
Restrictions
on Use of Site
Unless
otherwise specified or permitted under copyright laws,
the Materials may not be copied, republished, reproduced,
uploaded, posted, transmitted, distributed, or otherwise
exploited in any way. You agree and acknowledge that
you shall not acquire any ownership rights in the Materials
from this Site. Modification of the Materials or use
of the Materials for other than the stated purpose is
a violation of DJ4U’s and possibly other third-party
providers’ copyright and other proprietary rights.
You
agree to use this Site only for purposes that are lawful.
Without limiting the foregoing, you agree not to post
on or transmit through this Site any material which violates
or infringes in any way upon the rights of others; is
threatening, abusive, or harassing; is defamatory; is
invasive of privacy or publicity rights; is obscene;
is lewd, lascivious, or otherwise objectionable; or violates,
or encourages conduct that would violate, any law or
give rise to civil or criminal liability under any law.
Furthermore, you agree that you will not post on or transmit
through this Site any advertising or commercial solicitation
of any kind whatsoever, including, without limitation,
via e-mail, without DJ4U's express written consent. You
further agree not to use this Site, the Materials, or
any element or portion thereof including, without limitation,
e-mail addresses of users for any commercial purpose
whatsoever.
You
shall not upload, post or otherwise make available on
this Site any material protected by copyright, trademark
or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary
right. You shall be solely liable for any damages resulting
from any infringement of copyright, trademark or other
proprietary right, or any other harm resulting from any
uploading, posting or submission.
You
are prohibited from displaying the content on this Site
in any format where third party advertising or other
materials that DJ4U did not authorize is viewed or viewable
together with the Materials of this Site.
Links
to Other Sites
This
Site may contain links to other Web sites. DJ4U is not
responsible for the content or privacy practices of any
sites linked to this Site or framed within this Site
(the "Linked Sites"). The Linked Sites are
for your convenience only and you access them at your
own risk. You agree that DJ4U is not responsible for
the availability of any Linked Site and does not endorse
and is not responsible or liable for any content, advertising,
products or other materials on or available through the
Linked Sites.
Privacy & Security
DJ4U’s privacy policy is set forth in
its privacy statement which can be reviewed from the
bottom of the home page of this Site.
Rules
for Bulletin Boards and Chat rooms
DJ4U is not responsible for any material posted
on any bulletin board, chat room, or other forum included
in this Site or linked through this Site ("Forums"),
nor does DJ4U endorse any such material, nor represent
or guarantee the truthfulness, accuracy, or reliability
thereof. You shall not upload, transmit, or otherwise
publish through such Forums any material that libels,
defames, or is obscene, pornographic, abusive, or threatening;
infringes any intellectual property right of any entity
or person; violates any law; advocates illegal activity;
or advertises or otherwise solicits funds or is a solicitation
for goods or services (collectively "Prohibited
Material"). DJ4U shall have the right in its sole
discretion to edit, refuse to post, or remove any material
submitted to or posted on such Forums for any reason
whatsoever. Notwithstanding the foregoing, you are solely
responsible for all materials you post on or submit to
the Forums, and you acknowledge that DJ4U has no obligation
to monitor and you are not relying upon DJ4U to monitor
the Forums.
DJ4U
reserves the right but is not obligated to do any of
the following:
Record
the dialogue in the Forums.
Investigate an allegation that a communication(s) do(es)
not conform to these Terms of Use and determine in its
sole discretion, to remove or request the removal of the
communication(s).
Remove communications that are abusive, illegal, or disruptive,
or that otherwise fail to conform to these Terms of Use.
Terminate a user’s access to any or all public areas
or Forums and/or this Site upon any breach of these Terms
of Use.
Monitor, edit or disclose any communication in the public
areas or Forums.
Edit or delete any communication(s) posted on this Site,
regardless of whether such communication(s) violate these
standards.
DJ4U reserves the right to take any action it deems necessary
to protect the personal safety of DJ4U’s guests or
the public. DJ4U has no liability or responsibility to
users of this Site or any other person or entity for performance
or nonperformance of the aforementioned activities.
By
posting messages on the bulletin boards you are granting
DJ4U a royalty free, perpetual, non-exclusive and irrevocable
right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute,
perform and display any posting by you (in whole or in
part) worldwide and/or incorporate it in other works
in any form, media or technology now known or hereafter
developed.
You
may not use the bulletin boards to post or transmit advertisements
or commercial solicitations of any kind.
General
Practices Regarding Use and Storage
You acknowledge that DJ4U may establish general
practices and limits concerning use of this Site including,
without limitation, the maximum number of days or the
maximum size that e-mail messages, bulletin board or
chat room messages or other uploaded information will
be retained. In addition, DJ4U may limit the disk storage
space allotted and/or the maximum number of messages
or uploads permitted. You agree that DJ4U has no responsibility
or liability for the deletion or failure to store any
messages or other type of communication or content.
Disclaimers
and Limitations on Liability
DJ4U is not responsible or liable for any infections
or contamination of your system or delays, inaccuracies,
errors, or omissions arising out of your use of this
Site or with respect to the Materials, products, services
or advertisements available on or through this Site.
You agree to be responsible for obtaining and maintaining
a telephone, computer hardware, and other equipment needed
for access to and use of this Site, and you shall be
responsible for all charges related thereto. THIS SITE
AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND
TRANSMITTED "AS IS," "AS AVAILABLE" AND
USE OF THIS SITE OR ANY MATERIALS IS AT YOUR OWN RISK.
DJ4U MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK
AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS,
CORRECTNESS, AND VALIDITY OF ANY MATERIAL, PRODUCT, SERVICE
OR ADVERTISEMENT RESTS WITH YOU.
DJ4U
DOES NOT ENDORSE WARRANT OR GUARANTEE ANY PRODUCT OR
SERVICE OFFERED ON OR THROUGH THIS SITE AND WILL NOT
BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN
USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
DJ4U,
ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE
OF, OR THE INABILITY TO USE THIS SITE. IN NO EVENT SHALL
DJ4U’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS,
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU,
IF ANY, FOR ACCESSING THIS SITE.
YOU
AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DJ4U, ITS
RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
CONTRACTORS, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES,
SUBSIDIARIES, SUCCESSORS, AND ASSIGNS FOR ANY AND ALL
CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING
OUT OF YOUR PUBLICATION OR TRANSMITTAL OF PROHIBITED
MATERIAL OR YOUR FAILURE TO COMPLY WITH OR YOUR ALLEGED
FAILURE TO COMPLY WITH THESE TERMS OF USE.
Miscellaneous
DJ4U has the right any time to modify, change,
add to, discontinue, or alter in any manner any aspect
of this Site including, without limitation, these Terms
of Use. These Terms of Use constitute the entire agreement
of the parties with respect to the subject matter hereof
and supercedes all previous written or oral agreements
between the parties hereto with respect to such subject
matter. No waiver by either party of any breach of default
hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default.
The
section headings used herein are for convenience only
and shall not be given any legal import. You hereby waive
any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use. These
Terms of Use are effective until terminated. DJ4U may
terminate your use of this Site in the event you fail
to comply with any provision of these Terms of Use. In
addition, DJ4U may discontinue access to this Site at
any time at its sole discretion.
These
Terms of Use shall be governed by, construed, and enforced
in accordance with the laws of the State of Illinois.
Any action brought by you or DJ4U in connection with
or related in any manner to this Site, your use of this
Site or these Terms of Use shall be brought only in the
courts located in Peoria, Illinois and you hereby consent
to personal jurisdiction in such counts. If any provision
of these Terms of Use is void or unenforceable in whole
or in part, the remaining provisions shall not be affected
thereby |