– The terms and conditions

TERMS OF SERVICE
Date of Last Revision: March 19th, 2022
1. Welcome to Dutch DJ World!
1.1 Introduction:Dutch DJ World (“Dutch DJ World,” “we,” “us,” “our”)
provides its services (described below) to you through its website located at
Dutch DJ World (the “Site”) and through its mobile applications and related services
(collectively, such services, including any new features and applications, and the
Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of
Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY
GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION
10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS
YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service:We reserve the right, at our sole discretion,
to change or modify portions of these Terms of Service at any time. If we do this,
depending on the nature of the change, we will post the changes on this page and
indicate at the top of this page the date these terms were last revised and/or notify
you, either through the Services’ user interface, in an email notification or through
other reasonable means and as required by applicable law. Any such changes will
become effective no earlier than fourteen (14) days after they are posted, except that
changes addressing new functions of the Services or changes made for legal
reasons will be effective immediately. Your continued use of the Service after the
date any such changes become effective constitutes your acceptance of the new
Terms of Service. In addition, when using certain Services, you will be subject to any
additional terms applicable to such Services that may be posted on the Service from
time to time.
1.3 Privacy:At Dutch DJ World, we respect the privacy of our users. For details
please see our Privacy Policy. By using the Service, you consent to our collection
and use of personal data as outlined therein.
2. Access and Use of the Service
2.1 Use Description:The Dutch DJ World service, and any content viewed through
our service, is solely for your personal and non-commercial use. With your
Dutch DJ World purchase we grant you a limited, non-exclusive, non-transferable,
license to access the Dutch DJ World content and view your course(s) through the
service on a streaming-only basis for that purpose. Except for the foregoing limited
license, no right, title or interest shall be transferred to you. You agree not to use the
service for public performances. Dutch DJ World may revoke your license at any
time in its sole discretion. Upon such revocation, you must promptly destroy all
content downloaded or otherwise obtained through the service, as well as copies of
such materials, whether made in accordance with these Terms of Service or
otherwise.
2.2 Your Registration Obligations:You may be required to register with
Dutch DJ World in order to access and use certain features of the Service. If you
choose to register for the Service, you agree to provide and maintain true, accurate,
current and complete information about yourself as prompted by the Service’s
registration form. Registration data and certain other information about you are
governed by our Privacy Policy. If you are under 13 years of age, you are not
authorized to use the Service, with or without registering. In addition, if you are under
18 years old, you may use the Service, with or without registering, only with the
approval of your parent or guardian.
2.3 Member Account, Password and Security:You may never use another’s
account, and you may not provide another person with the username and password
to access your account. You are fully responsible for any and all activities that occur
under your password or account, and it is your responsibility to ensure that your
password remains confidential and secure. You agree to (a) immediately notify
Dutch DJ World of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each
session when accessing the Service. Dutch DJ World will not be liable for any loss
or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:Dutch DJ World reserves the right to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that Dutch DJ World will not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service. We
have no obligation to retain any of Your Account or Submitted Content for any period
of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:You acknowledge that
Dutch DJ World may establish general practices and limits concerning use of the
Service, including without limitation the maximum period of time that data or other
content will be retained by the Service and the maximum storage space that will be
allotted on Dutch DJ World’s servers on your behalf. You agree that
Dutch DJ World has no responsibility or liability for the deletion or failure to store
any data or other content maintained or uploaded by the Service. You acknowledge
that Dutch DJ World reserves the right to terminate accounts that are inactive for an
extended period of time. You further acknowledge that Dutch DJ World reserves the
right to change these general practices and limits at any time, in its sole discretion,
with or without notice.
2.6 Mobile Services:The Service may include certain services that are available via
a mobile device, including (i) the ability to upload content to the Service via a mobile
device, (ii) the ability to browse the Service and the Site from a mobile device and
(iii) the ability to access certain features through an application downloaded and
installed on a mobile device (collectively, the “Mobile Services”). To the extent you
access the Service through a mobile device, your wireless service carrier’s standard
charges, data rates and other fees may apply. In addition, downloading, installing, or
using certain Mobile Services may be prohibited or restricted by your carrier, and not
all Mobile Services may work with all carriers or devices. In using the Mobile
Services, you may provide your telephone number. By providing your telephone
number, you consent to receive calls and/or SMS, MMS, or text messages at that
number. We may share your phone numbers with our affiliates or with our service
providers (such as customer support, billing or collections companies, and text
message service providers) who we have contracted with to assist us in pursuing our
rights or providing our Services under these Terms of Service, our policies,
applicable law, or any other agreement we may have with you. You agree these
parties may also contact you using autodialed or prerecorded calls and text
messages, as authorized by us to carry out the purposes we have identified above,
and not for their own purposes. In the event you change or deactivate your mobile
telephone number, you agree to promptly update your Dutch DJ World account
information to ensure that your messages are not sent to the person that acquires
your old number.
2.7 Money Back Guarantee:Unless otherwise noted during your purchase of the
Service you choose, as required by applicable law in your jurisdiction, or as set forth
in the refund policy applicable to any Service you purchase through a third-party
marketplace (see Section 3.3 below), should you become dissatisfied with the
Service within the first 30 days after purchase, Dutch DJ World will refund the full
amount of your purchase and subsequently terminate your access. Refunds are not
available for customers 30 days after a purchase. Refunds are not available for
accounts which have violated the terms of service; violations are determined at
Dutch DJ World’s sole discretion. If Dutch DJ World determines that you are
abusing our refund policy, we reserve the right to suspend or terminate your account
and refuse or restrict any and all current or future use of the Service without
delivering a refund. To request a refund or to ask a question regarding the 30-day
money back guarantee, email Support at support@Dutch DJ World
3. Conditions of Use
3.1 User Conduct:You are solely responsible for all code, video, images,
information, data, text, software, music, sound, photographs, graphics, messages or
other materials (“content”) that you upload, post, publish or display (hereinafter,
“upload”) or email or otherwise use via the Service. Dutch DJ World reserves the
right to investigate and take appropriate legal action against anyone who, in
Dutch DJ World’s sole discretion, violates this provision, including without limitation,
removing the offending content from the Service, suspending or terminating the
account of such violators and reporting you to the law enforcement authorities. You
agree to not use the Service to:
● email or otherwise upload any content that (i) infringes any intellectual
property or other proprietary rights of any party; (ii) you do not have a right to
upload under any law or under contractual or fiduciary relationships; (iii)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment; (iv) poses or creates
a privacy or security risk to any person; (v) constitutes unsolicited or
unauthorized advertising, promotional materials, commercial activities and/or
sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,”
“sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful,
threatening, abusive, harassing, tortious, excessively violent, defamatory,
vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful
racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of
Dutch DJ World, is objectionable or which restricts or inhibits any other
person from using or enjoying the Service, or which may expose
Dutch DJ World or its users to any harm or liability of any type;
● interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
● violate any applicable local, state, national or international law, or any
regulations having the force of law;
● impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; solicit personal information from anyone
under the age of 18;
● harvest or collect email addresses or other contact information of other users
from the Service by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
● advertise or offer to sell or buy any goods or services for any business
purpose that is not specifically authorized;
● further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or
● obtain or attempt to access or otherwise obtain any materials or information
through any means not intentionally made available or provided for through
the Service.
3.2 Fees:To the extent the Service or any portion thereof is made available for any
fee, you will be required to select a payment plan and provide Dutch DJ World
information regarding your credit card or other payment instrument. You represent
and warrant to Dutch DJ World that such information is true and that you are
authorized to use the payment instrument. You will promptly update your account
information with any changes (for example, a change in your billing address or credit
card expiration date) that may occur. You agree to pay Dutch DJ World the amount
that is specified in the payment plan in accordance with the terms of such plan and
this Terms of Service. You hereby authorize Dutch DJ World to bill your payment
instrument in accordance with the terms of the applicable payment plan until you
terminate your account, and you further agree to pay any charges so incurred. If you
dispute any charges you must let Dutch DJ World know within sixty (60) days after
the date that Dutch DJ World charges you. We reserve the right to change
Dutch DJ World’s prices. Your continued use of the Service after the price change
becomes effective constitutes your agreement to pay the changed amount. You shall
be responsible for all taxes associated with the Services other than E.U. taxes based
on Dutch DJ World’s net income.
3.3 Recurring Subscriptions:If you select a Service with an auto renewal feature
(“Recurring Subscription”), you authorize Dutch DJ World to maintain your account
information and charge that account automatically upon the renewal of the Service
you choose with no further action required by you. In the event that Dutch DJ World
is unable to charge your account as authorized by you when you enrolled in a
Recurring Subscription, Dutch DJ World, may, in its sole discretion: (i) bill you for
your Service and suspend your access to the Service until payment is received,
and/or (ii) seek to update your account information through third party sources (i.e.,
your bank or a payment processor) to continue charging your account as authorized
by you.
On the checkout page you can select a monthly or yearly subscription. Both
subscriptions can be cancelled on a yearly basis. The difference being that the
monthly subscription is more expensive per year and offers a monthly payment
option versus having to pay for the year upfront.
Dutch DJ World may change the price for Recurring Subscriptions from time to time
and will communicate any price changes to you in advance and, if applicable, how to
accept those changes. Price changes for Recurring Subscriptions will take effect at
the start of the next subscription period following the date of the price change. As
permitted by local law, you accept the new price by continuing to use your Recurring
Subscription after the price change takes effect. If you do not agree with the price
changes, you have the right to reject the change by cancelling your Recurring
Subscription before the price change goes into effect. Please therefore make sure
you read any such notification of price changes carefully.
Payments are nonrefundable and there are no refunds or credits for partially used
periods. You may cancel a Recurring Subscription at any time, but if you cancel your
subscription before the end of the current subscription period, we will not refund any
subscription fees already paid to us. Following any cancellation, however, you will
continue to have access to the service through the end of your current subscription
period. At any time, and for any reason, we may provide a refund, discount, or other
consideration to some or all of our users (“credits”). The amount and form of such
credits, and the decision to provide them, are at our sole and absolute discretion.
The provision of credits in one instance does not entitle you to credits in the future
for similar instances, nor does it obligate us to provide credits in the future, under
any circumstance.
If you purchase any Service through a mobile purchase or third-party marketplace
(e.g., through the Apple App Store or Google Play Store), the refund policy
applicable to that third-party marketplace will apply, unless otherwise explicitly stated
by Dutch DJ World. Except as otherwise explicitly stated by Dutch DJ World, the
third-party marketplace will be solely responsible for making refunds under its refund
policy, and Dutch DJ World will have no refund obligations. Dutch DJ World
disclaims any responsibility or liability related to any third-party marketplace’s refund
policy or the third party’s compliance or noncompliance with such policy.
If you subscribed via iTunes on your Apple mobile device, you can cancel by going
to your Account Settings in the App Store. You can find Subscriptions in the Settings
app on your device under iTunes & App Store, and then select your Apple ID.
If you subscribed via the Google Play Store on your Android mobile device, you can
cancel by opening the Google Play Store and selecting Menu Subscription. You can
select the subscription you want to cancel or update and then follow the onscreen
instructions.
If you subscribed on our website, you can cancel by contacting Support at
support@Dutch DJ World or by going to Settings in your account, selecting Cancel
under the Subscription box and then following the onscreen instructions to continue
and cancel subscription.
3.4 Special Notice for International Use; Export Controls:Software (defined
below) available in connection with the Service and the transmission of applicable
data, if any, is subject to European Union export controls. No Software may be
downloaded from the Service or otherwise exported or re-exported in violation of
E.U. export laws. Downloading or using the Software is at your sole risk.
Recognizing the global nature of the Internet, you agree to comply with all local rules
and laws regarding your use of the Service, including as it concerns online conduct
and acceptable content.
3.5 Commercial Use:Unless otherwise expressly authorized herein or by
Dutch DJ World in writing, you agree not to display, distribute, license, perform,
publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell,
exploit, transfer or upload for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
4. Intellectual Property Rights
4.1 Service Content, Software and Trademarks:You acknowledge and agree that
the Service may contain content or features (“Service Content”) that are protected by
copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by Dutch DJ World, you agree not to modify, copy,
frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Service Content, in whole or in part, except that the foregoing
does not apply to your own User Content (as defined below) that you legally upload
to the Service. In connection with your use of the Service you will not engage in or
use any data mining, robots, scraping or similar data gathering or extraction
methods. If you are blocked by Dutch DJ World from accessing the Service
(including blocking your IP address), you agree not to implement any measures to
circumvent such blocking (e.g., by masking your IP address or using a proxy IP
address). Any use of the Service or the Service Content other than as specifically
authorized herein is strictly prohibited. The technology and software underlying the
Service or distributed in connection therewith are the property of Dutch DJ World,
our affiliates and our partners (the “Software”). You agree not to copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, or otherwise transfer any right in
the Software. Any rights not expressly granted herein are reserved by
Dutch DJ World.
The Dutch DJ World name and logos are trademarks and service marks of
Dutch DJ World (collectively the “Dutch DJ World Trademarks”). Other
Dutch DJ World, product, and service names and logos used and displayed via the
Service may be trademarks or service marks of their respective owners who may or
may not endorse or be affiliated with or connected to Dutch DJ World. Nothing in
this Terms of Service or the Service should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of Dutch DJ World
Trademarks displayed on the Service, without our prior written permission in each
instance. All goodwill generated from the use of Dutch DJ World Trademarks will
inure to our exclusive benefit.
4.2 Third Party Material:Under no circumstances will Dutch DJ World be liable in
any way for any content or materials of any third parties (including users), including,
but not limited to, for any errors or omissions in any content, or for any loss or
damage of any kind incurred as a result of the use of any such content. You
acknowledge that Dutch DJ World does not pre-screen content, but that
Dutch DJ World and its designees will have the right (but not the obligation) in their
sole discretion to refuse or remove any content that is available via the Service.
Without limiting the foregoing, Dutch DJ World and its designees will have the right
to remove any content that violates these Terms of Service or is deemed by
Dutch DJ World, in its sole discretion, to be otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Content Transmitted:Through the Service: With respect to the content or
other materials you upload through the Service or share with other users or
recipients (collectively, “User Content”), you represent and warrant that you own all
right, title and interest in and to such User Content, including, without limitation, all
copyrights and rights of publicity contained therein, and that you have all required
rights to post or transmit such content or other materials without violation of any
third-party rights. By uploading any User Content you hereby grant and will grant
Dutch DJ World, its affiliated companies and partners (including but not limited to
Dutch DJ World instructors, practitioners and other third parties providing
instructional information through the Services, collectively “partners”) a nonexclusive,
worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual,
irrevocable license to copy, display, upload, adapt, perform, publish, distribute
(through multiple tiers of distribution and partnerships), store, modify and otherwise
use and fully exploit your User Content in any and all media, form, medium,
technology or distribution methods now known or later developed and for any and all
purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information relevant to the Service (“Submissions”), provided by
you to Dutch DJ World, its affiliated companies or partners are non-confidential and
Dutch DJ World, its affiliated companies and partners will be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Dutch DJ World may preserve content and may
also disclose content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal process,
applicable laws or government requests; (b) enforce these Terms of Service; (c)
respond to claims that any content violates the rights of third parties; or (d) protect
the rights, property, or personal safety of Dutch DJ World, its users and the public.
You understand that the technical processing and transmission of the Service,
including your content, may involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices.
4.4 Copyright Complaints:Dutch DJ World respects the intellectual property of
others, and we ask our users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, or that your intellectual
property rights have been otherwise violated, you should notify Dutch DJ World of
your infringement claim in accordance with the procedure set forth below.
You may also contact us by mail at:
Dutch DJ World
Baak van Tholen 4
3826HE Amersfoort
Utrecht, The Netherlands
To be effective, the notification must be in writing and contain the following
information: an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest; a
description of the copyrighted work or other intellectual property that you claim has
been infringed; a description of where the material that you claim is infringing is
located on the Service, with enough detail that we may find it on the Service; your
address, telephone number, and email address; a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright or
intellectual property owner, its agent, or the law; a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and that you
are the copyright or intellectual property owner or authorized to act on the copyright
or intellectual property owner’s behalf.
4.5 Counter-Notice:If you believe that your User Content that was removed (or to
which access was disabled) is not infringing, or that you have the authorization from
the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload
and use the content in your User Content, you may send a written counter-notice
containing the following information to the Copyright Agent: your physical or
electronic signature; identification of the content that has been removed or to which
access has been disabled and the location at which the content appeared before it
was removed or disabled; a statement that you have a good faith belief that the
content was removed or disabled as a result of mistake or a misidentification of the
content; and your name, address, telephone number, and email address, a
statement that you consent to the jurisdiction of the federal court located within
Utrecht District and a statement that you will accept service of process from the
person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Dutch DJ World will send a
copy of the counter-notice to the original complaining party informing that person that
it may replace the removed content or cease disabling it in 10 business days. Unless
the copyright owner files an action seeking a court order against the content
provider, member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the counter-notice, at our
sole discretion.
4.6 Repeat Infringer Policy:In accordance with the DMCA and other applicable law,
Dutch DJ World has adopted a policy of terminating, in appropriate circumstances
and at Dutch DJ World’s sole discretion, users who are deemed to be repeat
infringers. Dutch DJ World may also at its sole discretion limit access to the Service
and/or terminate the memberships of any users who infringe any intellectual property
rights of others, whether or not there is any repeat infringement.
5. Third Party Websites
The Service may provide, or third parties may provide, links or other access to other
sites and resources on the Internet. Dutch DJ World has no control over such sites
and resources and Dutch DJ World is not responsible for and does not endorse
such sites and resources. You further acknowledge and agree that Dutch DJ World
will not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any content,
events, goods or services available on or through any such site or resource. Any
dealings you have with third parties found while using the Service are between you
and the third party, and you agree that Dutch DJ World is not liable for any loss or
claim that you may have against any such third party.
6. Social Networking Services
You may enable or log in to the Service via various online third party services, such
as social media and social networking services like Facebook or Twitter (“Social
Networking Services”). By logging in or directly integrating these Social Networking
Services into the Service, we make your online experiences richer and more
personalized. To take advantage of this feature and capabilities, we may ask you to
authenticate, register for or log into Social Networking Services on the websites of
their respective providers. As part of such integration, the Social Networking
Services will provide us with access to certain information that you have provided to
such Social Networking Services, and we will use, store and disclose such
information in accordance with our Privacy Policy. For more information about the
implications of activating these Social Networking Services and Dutch DJ World’s
use, storage and disclosure of information related to you and your use of such
services within Dutch DJ World (including your friend lists and the like), please see
our Privacy Policy.
However, please remember that the manner in which Social Networking Services
use, store and disclose your information is governed solely by the policies of such
third parties, and Dutch DJ World shall have no liability or responsibility for the
privacy practices or other actions of any third party site or service that may be
enabled within the Service.
In addition, Dutch DJ World is not responsible for the accuracy, availability or
reliability of any information, content, goods, data, opinions, advice or statements
made available in connection with Social Networking Services. As such,
Dutch DJ World is not liable for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Social Networking Services.
Dutch DJ World enables these features merely as a convenience and the
integration or inclusion of such features does not imply an endorsement or
recommendation.
7. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold
Dutch DJ World and its affiliates and their officers, employees, directors and agent
harmless from any from any and all losses, damages, expenses, including
reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including
death) arising out of or relating to your use of the Service, any User Content, your
connection to the Service, your violation of these Terms of Service or your violation
of any rights of another.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED HEREIN, DUTCH DJ WORLD
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
DUTCH DJ WORLD MAKES NO WARRANTY THAT (I) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUTCH DJ WORLD
WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF
PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
DUTCH DJ WORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE. IN NO EVENT WILL DUTCH DJ WORLD’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE
AMOUNT YOU HAVE PAID DUTCH DJ WORLD IN THE LAST SIX (6) MONTHS,
OR, IF GREATER, ONE HUNDRED EUROS (€100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver
This Section 10 is intended to be interpreted broadly and governs any and all
disputes between us including but not limited to claims arising out of or relating to
any aspect of the relationship between us or the Terms of Service or the Service,
whether based in contract, tort, statute, fraud, misrepresentation or any other legal
theory. The only disputes excluded from this broad prohibition are the litigation of
certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you
will contact us at Dutch DJ World, Baak van Tholen 4, 3826 HE Amersfoort and
support@Dutch DJ World, and provide a brief, written description of the dispute and
your contact information (including your username, if your dispute relates to an
account). Except for intellectual property and small claims court claims, the parties
agree to use their best efforts to settle any dispute, claim, question, or disagreement
directly through consultation and good faith negotiations shall be a condition to either
party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms of Service
or the Service that are not resolved by the procedures identified above shall be
resolved by individual (not group) binding arbitration to be conducted before JAMS in
accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that
do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and
Procedures for claims exceeding $250,000 in effect at the time the arbitration is
initiated, excluding any rules or procedures governing or permitting class actions. If
you are a resident of the United States, arbitration may take place in the county
where you reside at the time of filing, unless you and we both agree to another
location or telephonic arbitration. For residents outside the United States, arbitration
will be held in Amersfoort, Utrecht, The Netherlands and you and Dutch DJ World
agree to submit to the personal jurisdiction of any federal or state court in
Amersfoort, Utrecht, The Netherlands in order to compel arbitration, stay
proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on
the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these Terms of Service,
including but not limited to any claim that all or any part of these Terms of Services
are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall
be empowered to grant whatever relief would be available in a court under law or in
equity. The arbitrator’s award shall be written and shall be binding on the parties and
may be entered as a judgment in any court of competent jurisdiction.
Dutch DJ World shall bear the cost of any arbitration filing fees and arbitration fees
for claims of up to €75,000, unless the arbitrator finds the arbitration to be frivolous.
You are responsible for all other additional costs that you may incur in the arbitration
including but not limited to attorneys’ fees and expert witness costs unless
Dutch DJ World is otherwise specifically required to pay such fees under applicable
law. If your claim is solely for monetary relief of €10,000 or less, and does not
include a request for any type of equitable remedy, you may choose whether the
arbitration will be conducted solely based on documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing.
You and we agree that the arbitration shall be conducted in the party’s respective
individual capacities only and not as a class action or other representative action,
and the parties expressly waive their right to file a class action or seek relief on a
class basis. YOU AND DUTCH DJ WORLD AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS
OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the
class action waiver set forth in this paragraph is void or unenforceable for any reason
or that an arbitration can proceed on a class basis, then the arbitration provisions set
forth above shall be deemed null and void in their entirety and the parties shall be
deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, you
or we may bring enforcement actions, validity determinations or claims arising from
or relating to theft, piracy or unauthorized use of intellectual property in state or
federal court with jurisdiction or in the E.U. Patent and Trademark Office to protect
intellectual property rights (“intellectual property rights” means patents, copyrights,
moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You
or we may also seek relief in a small claims court for disputes or claims within the
scope of that court’s jurisdiction to the extent such claims do not seek equitable
relief.
You have the right to opt out and not be bound by the arbitration and class action
waiver provisions set forth above by sending written notice of your decision to opt out
to Dutch DJ World at the address identified in Section 14 below. The notice must be
sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of
Service as set forth above; or (b) your first date that you used the Services that
contained any versions of the Terms of Service that included this version of the
mandatory arbitration and class action waiver, whichever is later. Otherwise you
shall be bound to arbitrate disputes in accordance with the terms of these
paragraphs. If you opt out of these arbitration provisions, Dutch DJ World also will
not be bound by them. If Dutch DJ World changes this ‘Arbitration’ section after the
date you first accepted these Terms of Service (or accepted any subsequent
changes to these Terms of Service), you may reject any such change by sending us
written notice within 30 days of the date such change became effective, as indicated
in the “Date of Last Revision” date above or in the date of Dutch DJ World’ email to
you notifying you of such change. By rejecting any change, you are agreeing that
you will arbitrate any dispute between you and Dutch DJ World in accordance with
the provisions of this section as of the date you first accepted these Terms of Service
(or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES
SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU
AND DUTCH DJ WORLD REGARDING ANY ASPECT OF THE SERVICE
(INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING
YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER
PERSONS, SUCH AS A CLASS ACTION.
11. Termination
You agree that Dutch DJ World, in its sole discretion, may suspend or terminate
your account (or any part thereof) or use of the Service and remove and discard any
content within the Service, for any reason, including, without limitation, for lack of use
or if Dutch DJ World believes that you have violated or acted inconsistently with the
letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal
activity that may be grounds for termination of your use of Service, may be referred
to appropriate law enforcement authorities. Dutch DJ World may also in its sole
discretion and at any time discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the Service under
any provision of this Terms of Service may be effected without prior notice, and
acknowledge and agree that Dutch DJ World may immediately deactivate or delete
your account and all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that Dutch DJ World
will not be liable to you or any third party for any termination of your access to the
Service.
12. Disputes Between Users
You agree that you are solely responsible for your interactions with any other user in
connection with the Service and Dutch DJ World will have no liability or
responsibility with respect thereto. Dutch DJ World reserves the right, but has no
obligation, to become involved in any way with disputes between you and any other
user of the Service.
13. General
These Terms of Service constitute the entire agreement between you and
Dutch DJ World and govern your use of the Service, superseding any prior
agreements between you and Dutch DJ World with respect to the Service. You also
may be subject to additional terms and conditions that may apply when you use
affiliate or third party services, third party content or third party software. These
Terms of Service will be governed by the laws of the Netherlands without regard to
its conflict of law provisions. With respect to any disputes or claims not subject to
arbitration, as set forth in Section 10 above, you and Dutch DJ World agree to
submit to the personal and exclusive jurisdiction of the state and federal courts
located within Amersfoort, Utrecht, The Netherlands. The failure of Dutch DJ World
to exercise or enforce any right or provision of these Terms of Service will not
constitute a waiver of such right or provision. If any provision of these Terms of
Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these Terms of
Service remain in full force and effect. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to use of the
Service or these Terms of Service must be filed within one (1) year after such claim
or cause of action arose or be forever barred. A printed version of this agreement
and of any notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. You may not assign this Terms
of Service without the prior written consent of Dutch DJ World, but Dutch DJ World
may assign or transfer this Terms of Service, in whole or in part, without restriction.
The section titles in these Terms of Service are for convenience only and have no
legal or contractual effect. Notices to you may be made via either email or regular
mail. Under no circumstances shall Dutch DJ World be held liable for any delay or
failure in performance resulting directly or indirectly from an event beyond its
reasonable control. The Service may also provide notices to you of changes to these
Terms of Service or other matters by displaying notices or links to notices generally
on the Service.
14. Questions? Concerns? Suggestions?
Please contact us at Baak van Tholen 4, 3826HE Amersfoort, Utrecht, The
Netherlands or support@Dutch DJ World to report any violations of these Terms of
Service or to pose any questions regarding this Terms of Service or the Service.