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РегистрацияPLEASE READ THESE TERMS & CONDITIONS ("Terms & Conditions") CAREFULLY BEFORE USING THE DJ.RU WEBSITE OR ANY OF THE OTHER PLATFORM (AS DEFINED BELOW), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Didzhey.Ru OOO ("DJ.ru", "we", "our" or "us"), Trofimova Street, 1/17, Moscow, 115432, Russia, company registration number 1067758658660, provides access to the DJ.ru website, at the url www.DJ.ru and related urls (the "Website"), and all current and future services, software and data accessed via the Website, including the DJ.ru widgets and the DJ.ru API (the "Services"). The Website and the Services are referred to together in these Terms & Conditions as the "Platform".
These Terms & Conditions govern your use of the Platform. They apply solely to the Platform and not to any other website or any offline activities of DJ.ru (unless stated). By accessing or using the Platform (including but not limited to accepting, uploading, submitting or downloading any information or content from or to the Website and/or use of the Services) you agree to be bound by these Terms & Conditions.
Children under the age of 13 are not eligible to use the Website and must not attempt to register with DJ.ru and/or submit any personal information to us.
IF YOU DO NOT AGREE TO BE BOUND BY 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 discretion and at any time without prior notice to you. It is important for you to refer to these Terms & Conditions from time to time to make sure that you are aware of any changes that we may have made. By continuing to use the Platform you are agreeing to be bound by the revised Terms & Conditions.
2. Description of Website and the Services
Access to the Platform currently provides users with access to the Services and further online tools and resources such as audio, personalised content, social features and targeted advertising messages. The Platform enables you to upload, share and discover audio and personalised content with all other users on the Platform. Unless otherwise stated, any new features or tools which are added to the Website and/or the Services are subject to these Terms & Conditions. It is possible that these Terms & Conditions and a separate end user licence or similar agreement may apply to a bespoke service or product offered by DJ.ru. In this case, these Terms & Conditions will also apply to any licence or similar agreement, unless stated otherwise in the relevant licence or other agreement. We may add, amend or remove any aspect of the Website and/or the Services at any time without notice. We may also impose limits on certain features and/or restrict access to parts of or all of the Platform without notice or liability to you or any third party.
In order to use the Website, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
3. Intellectual Property Ownership and Licence
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Platform existing now or in the future (including but 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 as the "Content") are the property of DJ.ru, its subsidiaries, affiliates and/or licensors.
The Content does not include User Submissions (as defined below) or any other content owned by and submitted by users to the DJ.ru Platform.
Unless expressly granted in writing by DJ.ru, no rights in or to the Content except those expressly set forth within these Terms & Conditions are 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 or indirectly, of the Content, including the removal or alteration of advertising, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional notices, information or restrictions in respect of the Platform contained in any part of the Website and/or Services. Exploiting any part of the Platform for a purpose that is not permitted by these Terms & Conditions is expressly prohibited without prior written permission from DJ.ru or the applicable intellectual property rights holder as identified on the Website.
Subject to your strict compliance
with these Terms & Conditions, DJ.ru grants you a limited, personal,
non-exclusive, non-commercial, revocable, non-assignable and non-transferable
licence to:
1. listen to audio streamed from the
Website and App from Apple AppStore and Google Play
2. submit or upload audio and video, images and other content to the Website
strictly as permitted in accordance with these Terms & Conditions and any
other terms posted on the Website;
3. submit loaded audio or video a
content for personal use to another the user for offline downloading through
Web site www.dj.ru and through the DJ's appendix in Apple AppStore
(https://itunes.apple.com/ru/app/dj/id1189936888?
mt=8)
4. embed DJ.ru widgets on your personal website, blog or social network profile
pages for non-commercial and private use only; and
5. participate in the DJ.ru social features and communicate with other members
of the DJ.ru community; You may not embed or otherwise exploit DJ.ru widgets
for commercial gain (which includes, for example and without limitation,
selling advertising on your site or otherwise monetising any element of your
site which contains a DJ.ru widget). DJ.ru alone shall be responsible for
determining, in its discretion, whether any use of a DJ.ru widget constitutes
commercial use in each individual case.
4. Links and Third Party Content
DJ.ru or third parties may provide links on the Platform to other sites or content ("Other Sites"). DJ.ru has no control over such Other Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Other Sites or content linked to by the Platform. The Platform provides links to you only as a convenience, and the inclusion of any link on the Platform does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. Access and use of Other Sites, including the information, material, products and services on Other Sites and/or available through Other Sites, is solely at your own risk. When you leave the Platform, our Terms & Conditions no longer govern. You should review applicable Terms & Conditions, including the privacy and data gathering practices, of any Other Sites.
In addition, third party advertisers or commercial partners may offer goods, services and other materials to you on the Platform. Your correspondence and business dealings with others found on or through the Platform and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the relevant third party. DJ.ru will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on or through the Platform. Descriptions of, or references to, products, services or publications on the Platform do not imply endorsement of that product, service or publication.
5. Our Linking and Widget Policy
You may include links to the Website
or include widgets in any website under the following criteria:
(a) You may link to, but not replicate, the Content;
(b) You must not imply that DJ.ru or the Platform are endorsing or sponsoring
your website or its products, unless DJ.ru has given its prior written
consent;
(c) You must not present false information about DJ.ru or its products or
services;
(d) You must not use any DJ.ru Content or Services except as expressly
permitted in these Terms & Conditions or without prior permission from
DJ.ru;
(e) The website must not contain content that is illegal, obscene or
defamatory, or that could be construed as distasteful, offensive or
controversial;
(f) The website must not support, endorse or encourage piracy or the
unauthorised exploitation of intellectual property rights.
By linking to or embedding a widget in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed widgets for any reason in our sole and absolute discretion.
DJ.ru widgets are designed to enable our users to share DJ.ru with their friends. You are strictly prohibited from using any of the DJ.ru widgets for any form of commercial use, unless with prior written consent from DJ.ru. If you are the operator of a commercial website and would like to include DJ.ru widgets in your website, or if you would like to use the widgets for commercial purposes, please contact us by emailing feedback AT DJ DOT ru.
DJ.ru reserves the right to remove links or to block DJ.ru widgets at any time and for any reason in its absolute discretion.
6. Prohibited Uses
1. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by these Terms & Conditions. Access to the Platform from territories where their access or use thereof is illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, or privacy. You further agree not to engage in the unauthorized sharing of sound recordings with other users of the DJ.ru Platform, including, but not limited to, the sharing of some or all of the individual sound recordings embodied in any audio content available on the DJ.ru Platform, or the individual sound recordings comprising a piece of audio content.
2. Any use by you of the Platform other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Platform, use of the Platform, access to the Platform, or Content obtained or available through the Platform, for any purpose other than for your personal, private, non-commercial purposes.
3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Platform, or collect, or attempt to collect, personal information about users or third parties without their consent.
4. You agree not to intentionally interfere with or damage, impair or disable the 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 interfere with any security-related features of the Platform, including but not limited to any features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform.
6. You agree not to attempt to gain unauthorized access to the Platform, or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform.
7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree neither to modify the Platform in any manner or form, nor to use modified versions of the Platform, including, without limitation, for the purpose of obtaining unauthorized access to the Platform.
8. You agree that you will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to 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 any meta tags or any other "hidden text" utilizing DJ.ru name or trademarks without our express written consent.
10. You will promptly remove any links that DJ.ru finds objectionable in its sole discretion. You agree not to use any DJ.ru logos, graphics, or trademarks as part of the link without our express consent.
11. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Platform. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
12. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
13. You agree not to modify, adapt, translate or create derivative works based upon the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
14. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the DJ.ru Platform, features that prevent or restrict the use or copying of any content accessible through the DJ.ru Platform, or features that enforce limitations on the use of the DJ.ru Platform. The DJ.ru Platform contains programming limitations that are enforced through technical measures adopted by DJ.ru, and any efforts to disable or defeat those efforts for the purpose of violating any provisions of the statutory licenses set forth in Sections 112 and 114 of the U.S. Copyright Act is strictly prohibited.
15. Programming Limitations. By using the DJ.ru Platform, you agree to the following programming limitations, noncompliance with which will result in DJ.ru removal of applicable content from public access and commencement of steps under its Repeat Infringer Policy, including terminating your right to use the DJ.ru Platform: (a) No more than 3 songs from one album (and no more than 2 consecutively), (b) No more than 4 songs from one recording artist (and no more than 3 consecutively), (c) No more than 4 songs from one compilation (and no more than 3 consecutively). All tracklist names, titles and metadata must be accurately identified, and you may not deliberately seek to misidentify any such information. Only songs that have been lawfully disseminated under the authority of the copyright owner may be included in a upload. In addition song names may not be included in the title or description of content, whether on the DJ.ru Platform or on third party websites
16. You represent, warrant and agree that you will comply with the above acceptable use requirements. DJ.ru reserves the right, in its sole discretion, to terminate any user's account or take such other action as DJ.ru sees fit in relation to any user who partakes in any of DJ.ru prohibited uses or in breach of any of the other terms set forth herein. In extreme cases or as required by law or regulation, DJ.ru reserves the right to take court action and/or report users to the relevant authorities.
7. User Accounts, Additional Terms, End User License Agreements
In order to access some features of
the Platform, you will have to create an account. You agree that the
information you provide to DJ.ru upon registration and, at all other times,
will be true, accurate, current, and complete. You also agree that you will
ensure that this information is kept accurate and up-to-date at all times. You
acknowledge, consent and agree that DJ.ru may access, preserve and disclose
your account information if required to do so by law or in a good faith belief
that 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 the
rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of DJ.ru, its users and the
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 or products offered via the Website. To the extent there is a conflict between these Terms & Conditions and the terms of any applicable end user licence or similar agreement, the end user licence or similar agreement will apply, unless the additional conditions expressly state that these Terms & Conditions apply. In cases where there are no additional terms or conditions stated for any such registrations, services or products, these Terms & Conditions will apply.
8. Password
When you register for a user account you will be asked to provide a username and a password. As you will be responsible for all activities that occur under your username and/or password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your user account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID (e-mail) or password), you will immediately notify DJ.ru. You may be liable for the losses incurred by DJ.ru or others due to any unauthorized use of your account.
9. Competitions
DJ.ru may decide to run competitions, promotions, prize draws and other opportunities on the Website and these will be governed by a separate set of terms and conditions. These terms and conditions can be found below, unless otherwise stated on the specific competition page. It is your responsibility to read those terms and conditions for details about the terms that shall apply and any eligibility requirements.
9.1 Competition terms
(a) From time to time DJ.ru will hold competitions on the Platform.
(b) By entering one or all of the competitions you agree to be bound by these terms and conditions.
9.2 Conditions
(a) Details of how to enter, who the competition is open to and the deadline shall be found on the competition page itself.
(b) All entrants must be over the age of 18, unless otherwise stated.
(c) All entries must be received by the deadline date which can be found on the respective competition page.
(d) Each entrant irrevocably grants to DJ.ru and its associated companies the exclusive, non-transferable, worldwide and free of charge and of royalty, rights to use, develop, adapt and market all or any of the User Submissions submitted by the entrant in the competition.
(e) There shall be no purchase necessary for any of our competitions unless otherwise stated on the competition page.
(f) Each entrant consents to DJ.ru the right to pass on the entrant's name and email address to the third party competition partners (whose names are stated on the competition page).
9.3 Prizes
(a) All winners shall be notified by email (unless otherwise stated) at our discretion following the deadline date. The adjudicator's decision is final.
(b) All prizes described for each competition will be those available as at the date of publication. However any prizes which are donated by third parties are subject to those third parties honouring their prize and shall be subject to the third party's terms and conditions.
(c) Prizes are non transferable unless stated on the competition page and there shall be no cash alternatives.
(d) Winners may be required to participate in publicity with either DJ.ru or the third party prize donors or both.
9.4 Liability
DJ.ru accepts no liability for:
(i) any loss of prizes including but not limited to any occurrence beyond our control; (ii) any lost, late, misdirected, illegible or inaudible entry; (iii) any third party prize donor not honouring their prize; or (iv) any technical, network, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive any entry or information by DJ.ru on account of including but not limited to technical problems or traffic congestion on the Internet or any combination.
9.5 Miscellaneous
(a) We reserve the right to terminate or modify any or all of the competitions at any time and at our sole discretion.
(b) By entering any or all of the competitions you agree to be bound by these terms and conditions.
(c) These terms and conditions are subject to our privacy policy.
10. Copyrights and Copyright Agents
DJ.ru aims to respect the
intellectual property rights of others. If you believe that your work (or the
work of a third party on whose behalf you are entitled to act) has been copied,
used, or made available on or through the DJ.ru Website in a way that
constitutes copyright infringement of your intellectual property, please
provide our copyright agent with a copyright infringement notice ("Notice")
which should include the following written information:
1. a statement that you have identified material on the Website which infringes
your copyright (or infringes the copyright of a third party on whose behalf you
are entitled to act, if applicable);
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 single
Notice, a representative list of such works at that site;
3. 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 DJ.ru to locate
the material (e.g. a URL and/or screen shot);
4. your full name, email address, postal address and telephone number on which
you can be contacted;
5. a statement by you that you have a good-faith belief that use of the
material 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 under
penalty of perjury, that the complaining party is authorized to act on behalf
of 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 person
authorized to act on behalf of owner of the work that is allegedly
infringed.
DJ.ru agent for notice of claims of
copyright infringement on or regarding the Website can be reached as follows:
By mail:
For: Didzhey.Ru OOO, Trofimova Street, 1/17, Moscow, 115432, Russia
Alternatively via our
reporting
section
If you are unsure about your rights in respect of material, or whether there has been an infringement of your rights, we suggest you take legal advice before sending a Notice to DJ.ru.
11. User Submissions
a. General.The Platform permits the submission and posting or linking of audio, images, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by DJ.ru. DJ.ru makes no representations that it will publish or use your User Submissions in any way and may or may not use your User Submissions in its sole discretion. You understand that whether or not such User Submissions are published, DJ.ru does not guarantee any confidentiality with respect to any User Submissions.
b. Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to DJ.ru, you hereby grant DJ.ru 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, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the DJ.ru Platform, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You hereby grant DJ.ru and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submission if they choose to do so. You hereby irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Platform a non-exclusive license to access your User Submissions through the Platform, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Platform and these Terms & Conditions.
c. User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing 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 DJ.ru to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the manner contemplated by DJ.ru and these Terms & Conditions and to grant the rights and license set forth above, and (ii) your User Submissions, DJ.ru use of such User Submissions pursuant to these Terms , and DJ.ru exercise of 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 of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
d. User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish misrepresentations that could damage DJ.ru 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 is otherwise inappropriate; (iii) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (v) post User Submissions that would be harmful to minors in any manner.
e. In any case of violation of any of the above user submission rules and requirements or as required by law or regulation, DJ.ru reserves the right to take court action and/or report users to the relevant authorities, for instance but not limited to when a user submission becomes subject of a copyright infringement note.
12. Content
a. Audio Content. DJ.ru allows you to upload a collection of sound recordings that have been released to the public under the authority of the copyright owners of the sound recordings (the "Audio Content"), and then have that Audio Content streamed through the DJ.ru Platform.You hereby represent and warrant that you have the necessary licenses, rights, consents, and permissions to use and authorize DJ.ru to reproduce, publicly perform, and otherwise use Audio Content uploaded by you in the manner outlined by DJ.ru and these Terms. You further represent and warrant that you have taken no steps, either directly or indirectly, to intentionally defeat any technological measures implemented by DJ.ru to ensure the compliance with any laws or regulations, including, but not limited to, limitations set forth in Sections 112 and 114 of the United States Copyright Act.
b. Audio Content Representations and Warranties. You hereby represent and warrant that when using the DJ.ru Platform for audio streaming, you will not interfere with the streaming mechanism of the DJ.ru Platform, including in any way that interferes with the ability of the DJ.ru Platform to comply with Sections 112 and 114 of the United States Copyright Act, the regulations adopted pursuant thereto or other provisions of the copyright laws of the United States or any other applicable laws and regulations of jurisdictions in which you may be resident. You further represent and warrant that any Audio Content uploaded by you onto the DJ.ru Platform (a) will include the complete and correct titles of the sound recordings (i.e., song names), and featured recording artist names (b) you have not and will not misidentify any metadata for any Audio Content uploaded by you or any other person to the DJ.ru Platform; (c) any Audio Content uploaded by you to the DJ.ru Platform is from a lawfully obtained phonorecord and not from any illegally acquired content, including any content downloaded from unauthorized or illegal peer-to-peer file sharing services; and (d) the Audio Content uploaded to the DJ.ru Platform has been publicly released in the United States under the consent of the copyright owner of the Audio Content (e.g., the Audio Content is not from a bootleg recording or unauthorized remix or recording).
c. Content disclaimer. You understand that when using the DJ.ru Platform, you will be exposed to User Submissions and other content (such User Submissions and other content, collectively known as "Content") from a variety of sources, and that DJ.ru is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DJ.ru with respect thereto. DJ.ru does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will DJ.ru be liable in any way for or in connection with any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, electronically mailed or otherwise displayed or transmitted through the DJ.ru Platform.
d. Monitoring Users and Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not DJ.ru, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the DJ.ru Platform. DJ.ru does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, DJ.ru chooses, in its sole discretion, to monitor Content, DJ.ru nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that DJ.ru may or may not pre-screen User Submissions, but that DJ.ru and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the DJ.ru Platform. Without limiting the foregoing, DJ.ru and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of DJ.ru violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.
e. Removal of Content. DJ.ru, its affiliates and other designees shall have the right (but not the obligation) to refuse or remove any Content that is available on the Platform, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind.
13. Disclaimer of Warranties
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DJ.RU AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PLATFORM; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM; (D) THE MESSAGES, CONTENT AND INFORMATION SENT FROM OR THROUGH THE PLATFORM BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEBSITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL OR DATA TRANSMITTED BY USERS TO THE PLATFORM; (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE. DJ.RU DOES NOT WARRANT THAT THE PLATFORM, ANY OF THE PLATFORM' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DJ.RU DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, DJ.RU SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE, THE SERVICES OR THE CONTENT. FURTHER, DJ.RU AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
DJ.RU, ITS SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "DJ.RU ENTITIES AND INDIVIDUALS") SHALL NOT BE LIABLE IN ANY EVENT FOR THE USE OF THE PLATFORM OR ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE DISCLAIMER MAY NOT APPLY TO THE EXTENT THE LAW OF SUCH JURISDICTION IS APPLICABLE TO THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
14. Disclaimers/Limitation of Liability
WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS & CONDITIONS, YOU UNDERSTAND AND AGREE THAT DJ.RU FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PLATFORM AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL DJ.RU, ITS SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR ANY OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "DJ.RU ENTITIES AND INDIVIDUALS") 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 OR INDIRECTLY 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 THE CONTENT OR FEATURES THEREON; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DJ.RU OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS AND/OR COPYRIGHT INFRINGEMENT; (5) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE DJ.RU ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PLATFORM). NOTHING IN THESE TERMS & CONDITIONS LIMITS OR EXCLUDES DJ.RU LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; (B) THE TORT OF DECEIT; OR (C) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
IF ANY OF THESE TERMS & CONDITIONS ARE DETERMINED TO BE ILLEGAL, INVALID OR OTHERWISE UNENFORCEABLE BY REASON OF THE LAWS OF ANY STATE OR COUNTRY IN WHICH THESE TERMS & CONDITIONS ARE INTENDED TO BE EFFECTIVE, THEN TO THE EXTENT AND WITHIN THE JURISDICTION IN WHICH THAT TERM IS ILLEGAL, INVALID OR UNENFORCEABLE, IT SHALL BE SEVERED AND DELETED FROM THESE TERMS & CONDITIONS AND THE REMAINING TERMS SHALL SURVIVE AND CONTINUE TO BE BINDING AND ENFORCEABLE.
THE DJ.RU ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS THE PLATFORM IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PLATFORM OR THE CONTENT. YOU RECOGNISE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DJ.RU ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY DJ.RU AND/OR ITS SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY DJ.RU WEB SITE, SERVICES, PLATFORM, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE OR OTHER AUDIO/VISUAL CONTENT OR YOUR USER SUBMISSIONS OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
15. Indemnity
You agree to indemnify, hold harmless, and keep DJ.ru, its subsidiaries and affiliates, and their respective owners, officers, managers, members, agents and employees, fully and effectively indemnified with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with these Terms & Conditions, including, without limitation: (a) your use of the Platform; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) your use of the Content; or (d) your placement or transmission of any of your User Submissions or any other content or materials on or through the Platform. You will cooperate as fully and reasonably as required by DJ.ru in the defence of any claim. Notwithstanding the foregoing, DJ.ru retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against DJ.ru herein under the terms and provisions of this Section 15 and in no event shall you settle any such claim without DJ.ru 's prior written approval.
16. Governing Law
These Terms & Conditions and the interpretation of these Terms & Conditions shall be governed by and construed in accordance with the laws of England.
17. Miscellaneous
Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Website or Service are incorporated by this reference into these Terms & Conditions.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Platform and the Content, including, without limitation, those governing your transmission or use of any software or data.
These Terms & Conditions and any applicable end user licence or similar agreements contain the sole and entire agreement between DJ.ru and its users with respect to the Platform, the Content and User Submissions and supersedes any and all other prior written or oral agreements between DJ.ru and its users. If any provision of these Terms & Conditions shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of these Terms & Conditions. No waiver on the part of DJ.ru of any of these Terms & Conditions will be of any force or effect unless made in writing and signed by a duly authorized officer of DJ.ru. Nothing in these Terms & Conditions are intended to confer on any third party (whether referred to in the Terms & Conditions by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of these Terms & Conditions.
18. Termination
You understand and agree that DJ.ru will determine your compliance with these Terms & Conditions in its sole discretion. DJ.ru reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. DJ.ru maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights and/or any other breaches of any of these Terms & Conditions. Any violation of these Terms & Conditions may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by DJ.ru, you must destroy all materials obtained from the Platform and all related documentation.
19. Privacy
Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy on the Website for information on how your personal data and other information about you will be handled. By accepting these Terms & Conditions you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes.
20. Inactive account policy
We encourage users to actively log in and use DJ.ru when they register an account. To keep your account active, be sure to log in and listen or upload a piece of audio content at least every 6 months. Accounts may be permanently disabled due to prolonged inactivity (based on a combination of listening, uploading, logging in, and the date an account was created). Please note that you may not be able to tell whether an account is currently inactive, as not all signs of account activity are publicly visible.
DMCA
1. Notification of Copyright Infringement
DJ.ru respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, DJ.ru will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. In addition, we will promptly terminate without notice the accounts of those determined by us to be "repeat infringers".
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the DJ.ru website and service (collectively the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to DJ.ru Designated Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
Upon receipt of Notice as described below, DJ.ru will take whatever action, in its sole discretion, it deems appropriate.
2. DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Service where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items
completed, to Didzhey.Ru OOO, Trofimova Street, 1/17, Moscow, 115432,
Russia.
Alternatively via our
reporting section.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
3. Counter Notices
One who has posted material that allegedly infringes a copyright may send DJ.ru a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When DJ.ru receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to DJ.ru Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the DJ.ru Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party.
COUNTER NOTICE
1. Identification of the material that has been removed or to which access has been disabled on DJ.ru service and the location at which the material appeared before it was removed or access to it was disabled:
2. I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
3. Your name, address, telephone number and, if available, email address:
4. I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which DJ.ru may be found, and I will accept service of process from the complaining party who notified DJ.ru of the alleged infringement or an agent of such person.
5. Provide your full legal name and your physical or electronic signature.
The Counter Notice should be
delivered to Didzhey.Ru OOO, Trofimova Street, 1/17, Moscow, 115432,
Russia.
Alternatively via our
reporting section.
4. Notification of Trademark Infringement
If you believe that your trademark (the "Mark") is being used by a user in a way that constitutes trademark infringement, please provide DJ.ru Designated Copyright Agent (specified above) with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit DJ.ru to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
4. Information reasonably sufficient to permit DJ.ru to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.
Upon receipt of notice as described above, DJ.ru will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service. A registered user may respond to notice of takedown by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is for other reasons shown by the registered user non-infringing. If the registered user makes an appropriate showing of either (a), (b) or (c) then DJ.ru may exercise its discretion not to remove the Mark. If DJ.ru decides to comply with a takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, DJ.ru will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service.
5. Notification of Other Intellectual Property ("IP") Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide DJ.ru Designated Copyright Agent (specified above) with the following information:
1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
2. Information reasonably sufficient to permit DJ.ru to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for DJ.ru to determine without unreasonable effort that the IP has been infringed;
4. Information reasonably sufficient to permit DJ.ru to identify the use being challenged;
5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, DJ.ru will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a), (b) or (c) then DJ.ru may exercise its discretion not to remove the IP. If DJ.ru decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
6. DJ.ru Has No Obligation to Adjudicate IP Claims -- Users Agreement to Hold Us Harmless From Claims
Claimants and users must understand that DJ.ru is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold DJ.ru harmless from any resulting claims of infringement brought against DJ.ru.
Paid Subscriptions
Service description: The subscription gives the user an access to the HQ playback and to the offline storage in iOS application DJ's.
Subscription fee amount: The information according to the fee amount of the subscription is available in the application on the "Subscription" page. The amount may vary according to the currency of the iTunes holder's set country. It's equal to 0.99 USD.
Subscription payment method: Payment will be charged to iTunes Account at confirmation of purchase.
Dj.ru provides the Trial period the Premium: 2 weeks
After the trial period the paid period of Subscription comes into force: The subscription period is one month.
Auto-renewal of the Subscription: Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
Cancelling/Managing the subscription: Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. You may cancel your subscription at any time, for any reason. Upon cancellation you will continue to recieve the subscription benefits until the end of the current billing cycle, and no future payments will be taken. No refund will be made of any subscription fees already billed and paid.
Suspension and closure by us: If you (or any other user of the account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any account (including during any 'free trial' or 'beta trial' period) for any reason, by giving one months notice.
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