TERMS AND CONDITIONS
Terms And Conditions 1. Introduction Welcome to the DUBHOUSE-JA website the next generation music entertainment site where you can access and preview digital entertainment, find new artists and decide the future of music. The DUBHOUSE-JA. By using the DUBHOUSE-JA Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). 2. Changes to DUBHOUSE-JA.com and the Terms of Service We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time with or without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's updated date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. 3. Eligibility Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the DUBHOUSE-JA website without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. By logging onto the DUBHOUSE-JA site, you warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms of Service. 4. Viewers Conduct and Appropriate Content The DUBHOUSE-JA website is made available for your personal use only. You may not use the DUBHOUSE-JA Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Jamaica or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the DUBHOUSE-JA website. We have the obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, DUBHOUSE-JA has the obligation to check the accuracy or truthfulness of any Materials, DUBHOUSE-JA cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 4. 5. Conditions for Use You agree to abide by all applicable local, state, national and international laws and regulations. By way of example, and not as a limitation, you agree NOT to: Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. Use contents of the website for purposes other than entertainment. Promote or encourage illegal activity or that would violate the property rights of others. Create a false or misleading identity of,(including, but not limited to), a DUBHOUSE-JA employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others. Email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Use the DUBHOUSE-JA website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the DUBHOUSE-JA website. Attempt to gain unauthorized access to the DUBHOUSE-JA website, other accounts, computer systems or networks connected to the DUBHOUSE-JA website, through password mining or any other means. Modify, adapt, translate, or reverse engineer any portion of the DUBHOUSE-JA website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the DUBHUSE-JA website. Reformat or frame any portion of the web pages that are part of the DUBHOUSE-JA website. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. Remove any copyright, trademark or other proprietary rights notices contained in or on the DUBHOUSE-JA website. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. Interfere with another viewer use and enjoyment of the DUBHOUSE-JA website. Harvest or collect email addresses or other contact information of visitors including names, from the DUBHOUSE-JA website by electronic or other means. By submitting your name and email address in the DUBHOUSE-JA website, you acknowledge and agree that you will view the website for your own personal use and that copying of materials contained on this site is prohibited. Because DUBHOUSE-JA website is designed for entertainment purposes and use, you are not allowed to use any automated system for the selection of files. DUBHOUSE-JA reserves the right to immediately and permanently terminate your access to the website if DUBHOUSE-JA believes that you are violating such limitation. You represent and warrant that you own or otherwise control all of the rights to any Materials that you submit for posting to the DUBHOUSE-JA website and you agree to take responsibility for any legal actions taken against you. The DUBHOUSE-JA website, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the DUBHOUSE-JA website, that: is libellous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; violates any law or regulation or the rights of others; causes duress, distress or discomfort to another or is likely to deter or discourage others from using the DUBHOUSE-JA website; and/or infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behaviour, use and conduct. We have no liability and you bear the sole and exclusive risk associated. You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the DUBHOUSE-JA website and/or the DUBHOUSE-JA website including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation. DUBHOUSE-JA website derives its rights to use the musical tracks offered on the DUBHOUSE-JA website from artists and record labels for fixed periods of time and, sometimes, for limited territories. DUBHOUSE-JA website is sometimes required to pull certain tracks off the Service for legal reasons. Therefore, certain tracks offered or advertised by DUBHOUSE-JA website may not be available when you try to access and not all tracks are available in all countries. 6. Service Suspensions DUBHOUSE-JA website will make reasonable efforts to keep the DUBHOUSE-JA website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of DUBHOUSE-JA website may, from time to time, result in temporary service interruptions. DUBHOUSE-JA website also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the DUBHOUSE-JA website Service with or without notice. You agree that DUBHOUSE-JA website shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the DUBHOUSE-JA website Service. 7. Proprietary Rights For the avoidance of doubt DUBHOUSE-JA website does not claim any ownership rights in any Materials that you submit for posting on or through the DUBHOUSE-JA website. After submitting, posting or displaying Materials on or through the DUBHOUSE-JA website, you will continue to retain all ownership rights in such Materials, and you will continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the DUBHOUSE-JA website you will have granted to DUBHOUSE-JA permission to use, modify, publicly perform, stream, publicly display, reproduce, and distribute such Materials (including for the avoidance of doubt allowing DUBHOUSE-JA website the right to embed advertisements and/or messages in or around the Materials. and include any Materials as part of RSS feeds and/or Podcasts) solely on and/or through the DUBHOUSE-JA website. The permission you grant to DUBHOUSE-JA website will be non-exclusive (meaning you are free to license your Materials to anyone else in addition to DUBHOUSE-JA website). By granting DUBHOUSE-JA website permission, you will have granted us the the right to stream your materials and that any streaming of your materials for purpose of reviewing content will be royalty free (meaning DUBHOUSE-JA website is not required to make any payment) and DUBHOUSE-JA website will be entitled to sublicense all rights granted by you (so that DUBHOUSE-JA website is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the DUBHOUSE-JA website). You represent and warrant that: DUBHOUSE-JA and its affiliates and licensors own and retain all rights in the DUBHOUSE-JA website, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the DUBHOUSE-JA website by DUBHOUSE-JA. Except as expressly authorized by DUBHOUSE-JA website you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DUBHOUSE-JA websites proprietary information. DUBHOUSE-JA is a website designed for entertainment purposes only. 8. Privacy Policy We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. 9. Copyright and Intellectual Property Website Content The DUBHOUSE-JA website and the underlying computer code used by us to design, operate and maintain the website and all content and material contained within or available on the Website is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the DUBHOUSE-JA website. Notwithstanding the above, you may use the content and materials on the Website in the course of your normal, personal, non-commercial use of the DUBHOUSE-JA website. COPYRIGHT COMPLAINTS We respect the ownership of copyright and other intellectual property rights of others and we have made all reasonable endeavours to acquire the consent of the copyright owners to the content provided on the DUBHOUSE-JA website. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, immediately remove the infringing or potentially infringing content from the DUBHOUSE-JA website. If you believe that your work or the work of a third party has been used on the DUBHOUSE-JA website in such a way that constitutes copyright infringement, please contact us and provide us with the written information specified below: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content; A description of the copyrighted protected content that you believe has been infringed upon; A full description of where on the DUBHOUSE-JA website this content can be found (including the relevant URL and/ or screen shot); Your address, telephone number, and email address; A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law; A written statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf. 10. Internet Access DUBHOUSE-JA website shall not be responsible for any connection or access to the DUBHOUSE-JA website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the DUBHOUSE-JA website via the Internet, and the Internet access charges thereon. 11. Disclaimer of Warranties DUBHOUSE-JA website, and its affiliates, licensors, partners, suppliers, employees, consultants and agents ('the DUBHOUSE-JA Family') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the DUBHOUSE-JA website. The DUBHOUSE-JA Family further expressly disclaims (1) that the DUBHOUSE-JA website will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the DUBHOUSE-JA website or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the DUBHOUSE-JA website or the content made available as part of the DUBHOUSE-JA website will be correct, accurate, timely, or otherwise reliable. THE DUBHOUSE-JA WEBSITE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE DUBHOUSE-JA WEBSITE), PRODUCTS AND SERVICES INCLUDEDTHEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. DUBHOUSE-JA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT YOUR USE OF THE DUBHOUSE-JA SERVICE IS ENTIRELY AT YOUR OWN RISK. 12. Limitation of Liability YOUR USE OF THE DUBHOUSE-JA WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL DUBHOUSE-JA, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE DUBHOUSE-JA WEBSITE, WHETHER OR NOT DUBHOUSE-JA WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. 13. Notices DUBHOUSE-JA website may provide you with notices regarding the DUBHOUSE-JA website or these Terms of DUBHOUSE-JA website by regular mail, email, or postings to this Web site. 14. Legal Compliance You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the DUBHOUSE-JA website. 15. Miscellaneous These Terms of Service will be governed by and construed in accordance with the laws of Jamaica, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the exclusive jurisdiction of the courts located in Jamaica. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall DUBHOUSE-JA be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and DUBHOUSE-JA with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service by a party will be effective only if in writing and signed by a party.
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