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TERMS OF SERVICE
When using the FreebieTexts.com
site, or any site operated by
INTERNET DJ
NETWORK ("IDJN"),
you agree to the terms and conditions listed on this page (the "Terms
of Service"). You can always check out the most current version of
these Terms of Service at this page. In addition, when using particular
IDJN
services, you shall be subject to any posted guidelines applicable to
such services, including the Official Rules for any contests or
sweepstakes and any terms or conditions applicable to IDJN services provided in conjunction with any of IDJN's
content and service partners. All such rules and guidelines are hereby
incorporated by reference into the Terms of Service. If you do not
agree to these Terms of Service please do not use the site, visit the
site, and do not register to
use the services of of IDJN. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these Terms
of Service at any time. Please check these terms periodically for
changes and or updates. Your continued use of any part of the IDJN Service following the posting of changes to these terms will mean you accept those changes.
Introduction
IDJN is a multi-faceted service which allows you to use or access a number of different products and services, including
providing information services through the web, by text, RSS, and a wide range of other content (collectively the "IDJN Service"). These Terms of Service apply to the IDJN Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Service and Restrictions on Use of Materials
By using the IDJN Service, you agree to be legally bound
and to abide by the Terms of Service, just as if you had signed this
Agreement. If you do not comply with the Terms of Service at any time, IDJN reserves the right to terminate your access to the IDJN Service. IDJN may discontinue or alter any aspect of the IDJN Service, including, but not limited to, (1) restricting the time the IDJN
Service is available, (2) restricting the amount of use permitted, and
(3) restricting or terminating any user's right to use the IDJN Service, at IDJN's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the IDJN
Service through an available access number. You are also responsible
for obtaining or providing all access lines, telephone and computer
equipment (including modem), or other device, necessary to access the IDJN Service. You further certify that you are an individual and, if you
submit or post any personal information, that you are 13 or older.
In order to permit IDJN to protect the quality of its products and services, you hereby consent to IDJN
employees being able to access your account and records on a case by
case basis to investigate complaints or other allegations or abuse. IDJN shall not be obligated to disclose the existence or occurrence of such an investigation unless required by law.
You acknowledge that the IDJN Service contains
information, software, photos, video, text, graphics, music, sounds or
other material (collectively, "Content") that are protected by
copyrights, patents, trademarks, trade secrets or other proprietary
rights, and that these rights are valid and protected in all forms,
media and technologies existing now or here after developed. All
Content is copyrighted as a collective work under the U.S. copyright
laws, and IDJN owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The IDJN
owned names and logos shall not be used without IDJN's expressed written consent. Trademarks appearing on the IDJN Service that are not owned by IDJN are trademarks of their respective owners. IDJN's partners may also have additional proprietary rights in the content which they make available through the IDJN
Service. You may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any
of the Content, in whole or in part, except that you may download one
copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use of
the materials for any other purpose, including use of any such material
on any other web site or networked computer environment is strictly
prohibited. In the event you download software provided by IDJN,
the software, including any files, images incorporated in or generated
by the software, and data accompanying the software (collectively, the
"Software") are licensed to you by IDJN. IDJN does not
transfer title to the Software to you. You may not redistribute, sell,
decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-readable form.
Privacy Policy
Pursuant to IDJN's privacy policy, we collect personally identifiable information from users when voluntarily submitted by a
visitor (such as users of our personal DJ home page service, DJ search engine,
or public bulletin boards). Information that is made public will be limited to
data submitted by user for these and other related public areas within our
network. This data may remain in our databases up to two (2) years after a user
chooses to opt out/cancel such services. For more information, please see our Privacy Policy.
Registration
If you elect to use the the services of IDJN, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the
various IDJN services and (2) maintain and promptly update the data
whenever possible to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or IDJN has in its sole discretion grounds to suspect that such is the case, IDJN has the right to suspend or terminate
use of our services and refuse any and all current or future use of the IDJN Service (or any portion thereof).
Community Standards and Conduct
You acknowledge that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such
Content originated. This means that you are entirely responsible for
all Content that you post, email or otherwise transmit via the IDJN Service. IDJN does not control all of the Content posted via the IDJN Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the IDJN Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IDJN
be liable in any way for any Content, 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 Content posted,
emailed or otherwise transmitted via the IDJN Service.
You agree to not use the IDJN Service to (1) upload, post,
email or otherwise transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (2) harm minors in any way; (3)
impersonate any person or entity, including, but not limited to, a IDJN
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity; (4) forge
headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service; (5) upload,
post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); (6) upload, post, email or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party; (7) upload,
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except
in those areas that are designated for such purpose; (8) upload, post,
email or otherwise transmit 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; (9) interfere with or disrupt the IDJN Service or servers or networks connected to the IDJN Service, or disobey any requirements, procedures, policies or regulations of networks connected to the IDJN
Service; (10) intentionally or unintentionally violate 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; (11) "stalk" or otherwise harass another member or user
of the IDJN Service; (12) or collect or store personal data about other users, or members.
The IDJN Service shall be used only in a noncommercial manner. You shall not, without IDJN's
express written approval, distribute or otherwise publish any material
containing any solicitation of funds, promotion, advertising, or
solicitation for goods or services.
Submissions
Any and all information you submit to IDJN, whether
through the web, email or any other mechanism, including but not
limited to creative suggestions, ideas, notes, drawings, or other
information (collectively, the "Submissions"), shall be deemed, and
shall remain, the property of IDJN. None of the Submissions shall be subject to any obligation of confidence on the part of IDJN, and IDJN shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, IDJN
shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall
be entitled to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions.
Links
The IDJN Service may provide, or third parties may provide, links to other World Wide Web sites or resources. IDJN
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or available
from such sites or resources. You acknowledge and agree that IDJN
shall 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 such Content, goods or services available on
or through any such site or resource.
Disclaimer
IDJN uses diligent efforts to maintain the IDJN Service, but IDJN is not responsible for any defects or failures associated with the IDJN
Service or any damages (such as lost profits or other consequential
damages) that may result from any such defects or failures. In
addition, IDJN makes no guarantees as to the sites and
information located worldwide throughout the Internet to which you may
access as a result of the use of the IDJN Service, including as
to: (1) the accuracy, currency, content, or quality of any such sites
and information, or (2) whether any search using the IDJN Service may locate unintended and objectionable content.
The IDJN service is provided 'as is' and you use it at your own risk. IDJN
expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of
merchantability, fitness for a particular purpose and non-infringement.
Without limitation, IDJN makes no warranty that the IDJN
Service will meet your requirements, that it will be uninterrupted,
timely, secure, or error-free, that the results obtained from the use
of the IDJN Service will be accurate or reliable, or that the
quality of any products, services, information, or other material
obtained through the IDJN Service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the IDJN
Service is done at your own risk and you will be solely responsible for
any damage to your computer system or loss of data that results from
the download of any such material.
No advice or information, obtained by you from IDJN personnel or through the IDJN Service shall create any warranty not expressly provided for in these terms of service.
Limitation of Liability
You expressly understand and agree that IDJN shall not be
liable for any direct, indirect, incidental, special, consequential or
exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if IDJN has been advised of the possibility of such damages), resulting from: (1) The use or the inability to use the IDJN Service and/or participate in the IDJN
Sweepstakes; (2) 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 IDJN Service; (3) Unauthorized access to or
alteration of your transmissions or data; (4) Statements or conduct of
any third party on the IDJN Service; (5) Any advertisement or promotion relating to the IDJN Service or (6) any other matter relating to the IDJN Service or operation of the IDJN Sweepstakes. In no event shall IDJN's
total liability to you for all damages, losses, and causes of action
(whether in contract, tort (including, but not limited to, negligence),
or otherwise exceed $0 USD.
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 may
not apply to you.
Indemnification
You are entirely responsible for maintaining the confidentiality of
your password and account. Furthermore, you are entirely responsible
for any and all activities which occur under your account. You agree to
indemnify, defend and hold harmless IDJN,
its parents, affiliates and subsidiary companies, officers, directors,
employees, consultants and agents from any and all third party claims,
liability, damages and/or costs (including, but not limited to,
attorneys fees) arising from your use of our services, your violation
of the terms of service or your infringement, or infringement by any
other user of your account, of any intellectual property or other right
of any person or entity. You agree to immediately notify IDJN of any unauthorized use of your account or any other breach of security known to you.
Termination and Modification
You agree that IDJN, in its sole discretion, may terminate your password, account (or any part thereof) or use of the IDJN Service, and remove and discard any Content within the IDJN Service, for any reason, including, without limitation, for lack of use or if IDJN believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. IDJN may also in its sole discretion and at any time discontinue providing the IDJN Service, or any part thereof, with or without notice. You agree that any termination of your access to the IDJN Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that IDJN
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 IDJN Service. Further, you agree that IDJN shall not be liable to you or any third-party for any termination of your access to the IDJN Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the
laws of the State of
Texas, without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating to
these terms shall be filed only in the state or federal courts located
in
Tarrant County in the State of Texas of the United States and you
hereby consent and submit to the personal jurisdiction of such courts
for the purposes of litigating any such action. If any provision of
these terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between you and IDJN
relating to the subject matter herein and shall not be modified by you
except in writing, signed by both parties. The Terms of Service will
inure to the benefit of IDJN's successors, assigns and licensees.
Internet DJ Network
1861 Brown Blvd., Ste. 630
Arlington, Texas USA 76006
idjn@idjn.net
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