Apple

iPhone AND iPod Terms of Use

DUBSET iPhone AND iPod Touch TERMS OF USE

PLEASE READ CAREFULLY

These Terms of Use (the "Agreement") is a legally binding agreement between Dubset Media Holdings, Inc., a New York Corporation, ("Dubset") and You, (the "Member," who has registered an account with Dubset) governing your use of Dubset.com (The "Services" or the "Website") and Dubset's streaming music service application found through the Apple Store for use on the iPod Touch and iPhone (the “Services” or the “Dubset App”) as well as its "Content" (such as texts, files, messages, photos, video, images, sounds, profiles, works of authorship, our music player or any other materials or software offered through Dubset.com or the Dubset App). This agreement is between Dubset and You and not between You and Apple Inc. (“Apple”). Dubset and not Apple is not responsible for the Services and the App provided by Dubset. Apple is a third party beneficiary to this agreement and shall have the right to enforce this agreement as such.

Unless otherwise agreed in writing with Dubset, your agreement will always include these Terms of Use. This Agreement with Dubset may also include additional terms ("Additional Terms") besides the Terms of Use found herein (DJ Members should refer to the "DJ Member Additional Terms of Use"). Any Additional Terms will be made available for You to review and accept through Your subscription to or use of certain features or through a written agreement between You and Dubset. If there is a conflict or contradiction between any Additional Terms and the these Terms of Use, the conflicting Additional Terms will be controlling and the rest of these Terms of Use will remain in effect.

In order to use the Services including the Dubset App You must first agree to these Terms of Use. If You do not accept this Agreement, You may not use the Services and the Dubset App and should stop using the Website or Dubset App immediately. By using Dubset.com and its Services including the Dubset App You understand and accept all the terms of this Agreement.

Residency Requirement. Only residents of the United States may use Dubset.com. If you are not a resident of the United States, please stop using this website immediately.

Parental Advisory. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENTS AND GET THEIR PERMISSION BECAUSE SOME OF THE MUSIC FOUND ON DUBSET MAY CONTAIN EXPLICIT LANGUAGE AND REFERENCES TO DRUGS, SEX OR VIOLENCE. IF YOU ARE YOUNGER THAN 13, YOU MAY NOT USE THIS WEBSITE. Dubset does not purposefully collect the personal information of children using the Website.

Dubset's Services. Dubset.com, in addition to other services, allows its Members to listen to, through our player, streaming, pre-recorded, full-length, live music mixes created by the most prominent DJ's in the world. Dubset also allows its Members to view custom DJ profile pages, allowing DJ's to showcase their mixes to the masses in a cutting-edge and exclusive fashion. Dubset.com's Services include the Content, our player, our calendar, and any other features or applications or service Dubset may offer from time to time such as the Dubset App made for the iPhone and iPod touch available through the Apple Store.

Changes to these Terms of Use. These Terms of Use, the Services, Content and Website are subject to change at the sole discretion of Dubset. Any such changes will be posted on the Website and are effective upon posting. By continuing to use the Website or the Dubset App, You waive any right to specific notice of such changes and accepts all such changes. Dubset encourages You to frequently review this Agreement to keep abreast of any changes and, if You disagree with any of these Terms and Conditions or changes thereto, You must cancel Your subscription and stop using the Website or the Dubset App.

Member Subscriptions and Passwords. Upon Your subscription to the Services or use of the App, You may be asked to create an account and choose a password. You are solely responsible for maintaining the confidentiality of the password and for any and all use of Your Dubset account. You must not use the account, username, or password of another Member or disclose their password to any third party. You agree to notify Dubset without delay if you suspect any unauthorized access to Your password or use of Your account. If you do not meet these terms, you may be held responsible for any and all use of Your account. Dubset reserves the right to access any Member's account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as Dubset deems necessary and appropriate.

Privacy. You can read our Privacy Policy by clicking here: the Privacy Policy

Subscription Fees and Other Applicable Fees. The term of Your subscription to the Services and the benefits of each subscription package, as well as the fees and charges applicable to such subscription, are set forth on the Website. Subscriptions will automatically renew for an additional term equal to the length of the original subscription term unless You cancel Your service not less than one (1) day prior to the renewal date. The subscription packages available, the applicable subscription fees and other terms and conditions applicable thereto are subject to change by Dubset at any time by posting such revisions on the Website. Such changes shall be applicable to any new subscription term commencing after such changes are posted on the Website. You must provide Dubset with a valid credit card or other payment method approved by Dubset. You authorize Dubset to automatically charge any applicable subscription fees in advance for each subscription term to such credit card or other payment method until Your subscription is cancelled. If a Your applicable subscription fees are not paid on a timely basis, including, without limitation, due to an invalid or expired credit card, number, Dubset may, in addition to any other available remedies, suspend or terminate Your subscription, and any unpaid amounts will bear interest at the rate of one and one-half percent (1.5%) per month (subject to applicable law). Any subscription fees due hereunder do not include applicable Federal, State or local taxes. To the fullest extent permitted by law, You hereby waive all claims relating to charges unless claimed within sixty (60) days of the date of the charge, subject to any rights of the issuing credit card company. To the fullest extent permitted by law, any refunds will be issued at the sole discretion of Dubset.

Termination of Membership. If You violate any of the Dubset Policies, Dubset may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate Your subscription to the Services without notice. In the event of such termination, Dubset shall not refund any prepaid subscription fees. You may cancel Your subscription at any time; provided, however, if You cancel Your subscription, no refunds will be issued of any prepaid subscription fees. If Dubset discontinues the Services service for any reason except for a violation by You of Dubset's policies, Dubset shall refund a prorated portion of any prepaid subscription fees.

Member Conduct. You understand and agree that Dubset may review and delete any content that, in our sole judgment of Dubset, does not comply with Dubset's Policies, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other Members and/or third parties. Prohibited Content includes, but is not limited to, content that:

  • (a) Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • (b) Causes harm to minors;
  • (c) Infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • (d) Any unauthorized materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  • (e) Any material that 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;
  • (f) Interferes with or disrupts the Services or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • (g) Intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
  • (h) Harasses others.

Member-to-Member Contact and Disputes. Members shall be permitted to contact other Dubset Members who have chosen to be contacted and have opted into the Services; provided, however, that Members shall at all times comply with all Dubset Policies. Members are solely responsible for your interactions with other Dubset.com Members, whether on-line or offline.

Proprietary Rights. As between the parties, Dubset shall retain all ownership rights in all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality, as well as all content, contained in or on the Website or in the Dubset App (“Dubset Technology and Content”). No license, right or interest in any Dubset trademark, copyright, trade name or service mark is granted hereunder. Member shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the Dubset Technology and Content.

License from Dubset to You. Dubset grants You a non-assignable limited license to make personal and non-commercial use of the Website, Services, and the Dubset App. The Services and the Dubset App are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services or the Dubset App) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by Dubset in writing. You may not transfer or copy any Dubset Content (which, for the avoidance of doubt, shall mean any material which is posted on or through Dubset.com or through the Dubset App, including, but not limited to, music, passwords, member names, photographs, links, Content provided by any Members and/or any information, elements of design, technical functions and/or works of authorship provided by Dubset as part of the Services) for use in connection with any other product or service.

Collecting Member names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing, inlining or linking from or to the Website are prohibited. All forms of illegal use, unauthorized use, and/or use that violates the letter or spirit of Dubset's Policies are prohibited. Commercial advertisements, associated links and other forms of enticements or endorsements may be removed from the Member profiles without notice and may result in termination of Your Membership.

Content License from You to Dubset. DJ Members should refer to the DJ Member Terms of Use regarding the license grant from them to Dubset. The following applies to all other Members. By displaying or publishing any Content on or through the Services, the Website, or the Dubset App, each Member grants Dubset a fully-paid, non-exclusive, and royalty-free, worldwide sub-licensable license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, transfer, broadcast, reproduce, store and distribute such Content on and through the Website or Dubset App. This license will survive even if a Member removes such Content from the Website. In the event of removal, a residual or back-up copy of the Content posted may remain on Dubset's servers and Dubset maintains all rights to those copies. You warrant and represent that You own the Content posted by You or otherwise have the right to grant the above described license. Furthermore, You warrant and represent that the posting of Your Content on or through the Website or the Dubset App does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. Member agrees to pay for all fees, royalties and any other duty owed to any person or company by reason of any Content posted by them to or through the Website or the Dubset App.

Representations and Warranties made by You. You represent, warrant and covenant to Dubset that:

  • You are at least thirteen (13) years of age or older.
  • You are a resident of the United States.
  • You will comply with all applicable local, state and federal laws, ordinances, regulations, orders and all Dubset Policies with respect to any contact or information submitted to Dubset customers;
  • You shall not to use the account, username, or password of another Member at any time without their authorization, and agree to notify Dubset immediately if You suspect any unauthorized use of Your account or access to Your password; and
  • Any information provided by You to Dubset is true and correct.
  • You are responsible for providing the modem, cable modem, DSL, phone service and any other hardware or software necessary to use Dubset.com or the Dubset App.

Indemnification. You agree to indemnify, defend and hold harmless Dubset, its members, manager, officers, directors, employees and licensors from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (i) any violation of the Dubset polices, (ii) any applicable Federal, State or local laws, or (iii) any activity related to Your access to or use of the Services or the Website or any person accessing the Services or the Website through You or Your account.

DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTENT PROVIDED BY DUBSET ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBER AGREES THAT THEIR SUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT MEMBER'S OWN RISK. DUBSET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. DUBSET DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DUBSET IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.

LIMITATION OF LIABILITY. EXCEPT FOR MEMBER'S FAILURE TO PAY ANY FEES DUE DUBSET AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF MEMBER'S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO DUBSET DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment of Rights. Dubset may assign its rights and obligations hereunder without any notice to You. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Dubset. These Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Copyright Policy. Dubset does not endorse or tolerate actions or activities that violate another party's intellectual property rights. Members may not display or publish or in any other way modify, post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information that does not belong to them without the prior written consent of the owner. Please notify Dubset if you are a copyright owner, or representative of such, and you believe that any Content on the Website infringe your copyright. Details on how to properly notify Dubset can be found here. Some of the Content on Dubset.com is made available by permission from the Members who created it. If you are uploading music created by yourself and if you are not a registered member of Dubset.com, you grant Dubset.com permission to stream the uploaded music on the terms and conditions of these Terms of Use posted on Dubset.com and you also warrant that you have sufficient rights in the music to grant such rights to Dubset.com.

Trademarks. Dubset and third party trademarks or service marks may or may not be identified on Dubset.com through the use of TM, SM, or ® or other symbols. Except when authorized by Dubset, You may not use any logos, names, or other trademarks found on Dubset.com without prior written consent of Dubset.

Advertisements. Dubset.com or the Dubset App may display advertisements and promotions and these advertisements may be placed or chosen through any information stored on the Website. The amount, the means, and the manner of advertising by Dubset are subject to change without any form of notice to you. By Dubset granting you access and use of the Website, Services and the Dubset App, you agree that Dubset may place such advertising on the Website or on the Dubset App.

Third Party Content. Dubset may include links to third party web sites, content or resources on the Website or Dubset App. Dubset may not have control over these third party web sites. You understand and agree that Dubset is not responsible for the availability of these other sites, does not endorse any advertisings, products or other material. Such third party content is used at your own risk.

Member Support and Version Updates. You are using the Services and the Dubset App at your own risk and we are under no obligation to provide you with any support although we reserve the right to do so. If You have any questions concerning this Agreement or need technical support, you may contact Dubset support by emailing info@dubset.com. Apple is not responsible to provide any support with respect to the Dubset App. Dubset may also make available newer versions of the Website Services or the Dubset App which, at Dubset's election, may be subject to additional fees.

Notice. Dubset may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message, courier mail, or through posting on Dubset.com, at its sole discretion. Notices posted on Dubset.com shall be deemed effective upon the posting thereof. Dubset reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Dubset by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.

No Waiver. If Dubset does not exercise or enforce any legal right or remedy contained in the terms this will not be taken as a waiver, formal or informal, and that those rights and remedies are still available to Dubset.

Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Governing Law and Venue. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to the choice of law provisions thereof. Any legal action or proceeding with respect to these Terms and Conditions or any transaction related hereto shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York. Member hereby consents to the exclusive jurisdiction of the aforesaid courts. Member hereby irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have, to the bringing of any action or proceeding in such jurisdictions with respect to these Terms and Conditions or any transaction related hereto.

MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER HAS READ THIS AGREEMENT, COMPLETELY UNDERSTANDS ITS TERMS AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MEMBER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN DUBSET AND MEMBER (WITH THE EXCEPTION OF ANY "ADDITIONAL TERMS" THAT DUBSET MAY PRESENT TO YOU REGARDING CERTAIN FEATURES OR SPECIAL MEMBERSHIPS) AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN DUBSET AND MEMBER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please email info@dubset.com.

Updated August 31st, 2010