Please read this agreement carefully: The terms and conditions stated in the agreement below shall at all times govern your use of any of the services, music, materials, information, and features at www.traxsource.com.
By clicking “Accept” where indicated below you enter into a legally binding contract between you (hereinafter referred to as “End-User”) and Traxsource.com (hereinafter referred to as “Traxsource”) and agree to be legally bound by all of the terms and conditions of this agreement.
1. Application. This Terms of Service Agreement (“TOS Agreement” or “Agreement”) shall apply to any use by End-User of the content and services of the Traxsource website located at https://www.traxsource.com (the “Website”). The terms and conditions stated in this Agreement (“Terms of Service” or “TOS”) shall be binding upon End-User and shall govern End-User’s use of any of the services, music, materials, information, and features at the Website.
End-User’s acceptance of and compliance with these Terms of Service are conditions for End-User’s access to all services provided by Traxsource. As long as End-User complies with these Terms of Service, Traxsource grants End-User a conditional, personal, non-exclusive, non-transferable, and revocable privilege to enter and use the Website.
Traxsource reserves the right to modify this Agreement and to impose new or additional terms or conditions on End-User’s use of the services provided by Traxsource. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. If any material changes are made to these Terms of Service, a notice will be posted on the Website along with the updated Terms of Service. End-User’s continued use of the services provided by Traxsource will be deemed acceptance thereof.
The term “End User” as used in this Agreement shall include disc jockeys (“DJs”). The term “personal use” shall include the use of Downloads (defined in Paragraph 4 below) by DJs as part of their disc jockey performances subject to the relevant DJs’ compliance with all applicable reporting requirements as set forth in Paragraph 5 below.
2. Site Content. All of the services, music, materials, information, features, downloadable music files, audio samples, audio streams, software, text, images, graphics, user interface, videos, photographs, trademarks, logos, and artwork (collectively “Site Content”), including but not limited to the design, selection, arrangement, and coordination of such Site Content on the Website, is owned exclusively by Traxsource or has been licensed to Traxsource for Traxsource’s use subject to these Terms of Service. As between End User and Traxsource, all Site Content is owned by Traxsource and shall be deemed to constitute the intellectual property of Traxsource and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.
3. Restrictions. Except as expressly provided in this Agreement, End-User shall not at any time record, reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Website, including but not limited to Downloads (defined in Paragraph 4 below), Materials (defined in Paragraph 5 below), or any other Site Content, without Traxsource’s express prior written approval.
4. Limited License. Notwithstanding the use of the terms “sell,” “purchase,” “order,” or “buy” on the Website or in this Agreement, upon receipt of payment Traxsource shall grant to End-User a conditional, personal, non-exclusive, non-transferable and revocable license for End-User’s personal use of each downloadable digital file containing any Site Content (“Download(s)”) subject to these Terms of Service.
5. Permitted Uses. Under this limited license End-User shall have the right to copy or transfer the relevant Download to any desktop computer, laptop computer, or playback device owned by End-User, and/or to a recordable medium (such as CD-R or DVD-R) for End-User’s personal use without restriction but subject at all times to the fair use provisions of the United States Copyright Act, 17 U.S.C. §107.
Notwithstanding anything to the contrary stated elsewhere in this Agreement, End-User shall be entitled to publicly perform Downloads as part of End-User’s disc jockey performances, if any, provided that End-User shall submit the playlist information for any use of Downloads as part of such disc jockey performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, Traxsource shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to End-User’s use of Downloads and End-User hereby expressly agrees to indemnify Traxsource against any third party claims arising in connection with End-User’s use of Downloads as part of disc jockey performances.
The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download (“Materials”).
The available territory(ies) for a particular Download may vary. The permitted uses apply only in those territories in which the relevant Download is available for sale as indicated on the Website.
No other transfers, copies or uses of any Downloads, Materials or other Site Content are permitted. All other rights are hereby expressly reserved.
6. Prohibited Uses. The limited license granted by Traxsource to End-User for End-User’s personal use of all Downloads, Materials and any other Site Content shall be subject to the following restrictions which End-User hereby expressly agrees to comply with at all times:
(a) End-User shall not copy or transfer any Download(s), Materials or other Site Content to any desktop computer, laptop computer, or playback device not owned or regularly used by End-User;
(b) End-User shall not copy or transfer any Download(s), Materials or other Site Content to a recordable medium (such as CD-R, DVD-R) which End-User distributes or sells to any third party;
(c) End-User shall not transmit any Download(s), Materials or other Site Content to any third party via the Internet or otherwise;
(d) End-User shall not upload any Download(s), Materials or other Site Content to any website or other medium accessible by any third party via the Internet or otherwise and End-User hereby expressly agrees not to make any Download(s), Materials or other Site Content available to any third party through so-called “file sharing” services;
(e) End-User shall not bundle or compile any Download(s), Materials or other Site Content for distribution or sale to any third party; End-User shall not incorporate, interpolate, sample or combine with other copyrightable material any portion of any Download(s), Materials or other Site Content to create any new musical, visual or audio-visual works;
(f) End-User shall not incorporate, interpolate, edit, alter, sample or combine with other copyrightable material any portion of the Downloads, Materials or other Site Content to create any derivative works;
(g) End-User shall not engage in any unauthorized commercial use of any Download(s), Materials or other Site Content without Traxsource’s express prior written permission to do so. For the avoidance of confusion, the foregoing shall not affect End-User’s ability to use Downloads in connection with professional DJ equipment such as Traktor Pro™ and the like or the use of Downloads by End-User as part of their disc jockey performances subject to the relevant DJ’s compliance with all applicable reporting requirements as set forth in Paragraph 5 above.
(h) End-User shall not reverse engineer, decompile, disassemble, modify or disable any watermarking or copy protection or use limitation features or software which may be contained in any Download(s), Materials or other Site Content.
Except as expressly stated above as a permitted use under this Agreement, all other non-enumerated uses of the relevant Download(s), Materials or other Site Content are prohibited and shall constitute a TOS violation. End-User hereby agrees to indemnify, save and hold Traxsource harmless from any loss, damage or expense incurred by Traxsource resulting from any failure by End-User to comply with the permitted use provisions of this Agreement.
WARNING: Traxsource uses patented third-party watermarking technology. Any Downloads which are subsequently uploaded or fileshared by End-User will be indelibly watermarked with the original End User’s IP address and/or other information. This information will be made accessible to the appropriate authorities upon request so as to support ongoing efforts to discourage copyright infringement. DO NOT UPLOAD OR FILESHARE any Downloads, Materials or other Site Content purchased or otherwise obtained from the Website.
7. Accounts and Passwords. To access Traxsource’s services, End-User must first open an account subject to the following terms and conditions:
(a) End-User shall only submit accurate personal and billing information when opening End-User’s account. The submission of false or fraudulent information shall constitute a TOS violation.
(b) End-User shall at all times remain solely responsible for all activity that occurs under End-User’s account.
(c) End-User shall not share End-User’s account or End-User’s password with any third party. Password sharing shall constitute a TOS violation and End-User hereby agrees not to use the account or password of any third party for the same reason.
(d) End-User shall immediately notify Traxsource of any unauthorized use of End-User’s account or password information or any other breach of security.
(e) End-User shall not attempt to gain access to the password-protected portions of the Website without using End-User’s password or by any other unauthorized means. Any attempt by End-User to gain unauthorized entry to password-protected portions of the Website through hacking, cracking, spoofing or any other means other than by using End-User’s account and password shall constitute a TOS violation.
(f) Any action to assist or enable any third party to gain unauthorized access to password-protected portions of the Website by any means shall constitute a TOS violation.
(a) Traxsource shall store End-User’s name, address and e-mail information for use in connection with the provision of Traxsource’s services hereunder.
(b) Traxsource employs administrative, physical, and electronic measures designed to protect End-User’s information from unauthorized access. End-Users may store credit card information for faster checkouts on future visits to the Website. For the storage and processing of End-User’s credit card information, Traxsource is compliant with the Payment Card Industry Data Security Standard (PCI DSS). All credit transactions on the Website use Secure Sockets Layer (SSL) software to process orders, which encrypts the information entered by End-Users.
(c) Traxsource shall not disclose or provide End-User’s stored contact information to any unaffiliated third party unless Traxsource is required to do so by State or Federal government agencies or in the context of litigation.
(d) Like many websites, Traxsource uses “cookies” to help understand how End-Users use the Website and improve the functionality of the Website. A “cookie” is a small data file transferred to End-User’s computer for access on future visits to the Website. Cookies do not collect personal information or otherwise allow Traxsource to personally identify End-User. Instead, cookies may collect anonymous and non-personal information that can tell Traxsource that End-User (or someone using the same computer or IP address) previously visited the Website, what preview clips End-User has listened to, what Downloads End-User has purchased, etc. End-User can disable cookies by setting End-User’s Internet browser accordingly but doing so will likely result in Traxsource not recognizing End-User or End-User’s preferences on future visits, so End-User may be required to re-enter certain information.
9. E-mail Communication. By establishing an account with Traxsource, End-User expressly grants permission for Traxsource to communicate with End-User via e-mail at the e-mail address End-User provides.
10. Termination. End-User may terminate End-User’s account with Traxsource at any time by communicating End-User’s wish to do so to Traxsource in writing via e-mail.
End-User hereby expressly agrees that Traxsource may terminate End-User’s account as follows:
(a) Traxsource may terminate End-User’s account for cause in its sole discretion and without prior notice. “Cause” within the meaning of the foregoing sentence shall include but is not be limited to: (1) any TOS violation; (2) discontinuation or material modification of the Website or any service offered thereon; (3) failure to pay for purchases; (4) copyright infringement; and (5) requests by law enforcement or other government agencies.
(b) Traxsource shall at all times remain entitled to terminate End-User’s account for any other reason which may or may not fall within the definition of “cause” above in its sole discretion.
(c) Upon termination of End-User’s account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.
End-User hereby expressly agrees that End-User shall not be entitled to seek any compensation from Traxsource or any third party for the termination of End-User’s account.
11. Warranties. The Website and all Downloads, Materials and other Site Content are offered on an “as is” basis only. Traxsource provides a warranty only with respect to Downloads legally obtained by End User from Traxsource pursuant to this Agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, TRAXSOURCE EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE WEBSITE OR THE USE OF TRAXSOURCE’S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of the Website or any Downloads, Materials or other Site Content purchased or otherwise obtained from the Website. Traxsource specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which the Website or any Downloads, Materials or other Site Content may have on the computer, telecommunications and/or other electronic equipment owned or operated by End User.
12. Limitation of Liability. End-User hereby expressly agrees that End-User shall use the Website and any Downloads, Materials and other Site Content at End-User’s own risk. In any event, neither Traxsource nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of the Website or any Downloads, Materials or other Site Content or any other Traxsource goods or services, or the inability to use the Website or any Downloads, Materials or other Site Content or any other Traxsource goods or services, or any failure by Traxsource to provide any Downloads, Materials or other Site Content or any other Traxsource goods or services at any time, or otherwise arising out of or in connection with the use of the Website whether based on contract, tort, negligence, at law or in equity. End-User hereby acknowledges and confirms that End-User is on notice of Traxsource’s disclaimer of warranties and limitation of liability as set forth in this Agreement and End-User expressly agrees to these disclaimers and limitations as a condition of using the Website and any Downloads, Materials and other Site Content, or any other Traxsource goods or services. If, notwithstanding the foregoing and for any reason, Traxsource is found to be liable to End User for any matter in connection with this Agreement, Traxsource’s liability shall be limited to any amounts actually paid to Traxsource by End User.
13. Copyright and Intellectual Property Rights Policy.
(a) Termination. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), Traxsource will terminate the account of any End User or other customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so.
Traxsource will terminate the infringing End User’s or customer’s or vendor’s account once any copyright infringement or any other violation of the intellectual property rights of any third party has been established by a court of competent jurisdiction. Traxsource may also in its sole discretion decide to terminate any End User’s or customer’s or vendor’s account privileges prior to that time if it has a good faith belief that infringement has in fact occurred or that it is more likely than not that such an infringement will be confirmed.
Traxsource shall not be liable to any End User for the termination of an account hereunder and End-User hereby expressly agrees that Traxsource shall at all times reserve the right to terminate any account based on Traxsource’s policy against copyright infringements as set forth herein.
(b) Notification of Infringement. If you believe your content has been made available for sale as a Download on the Website without your authorization, you may file a notice of copyright infringement.
In order to file a copyright infringement notice with Traxsource, you must provide Traxsource with a written communication to <firstname.lastname@example.org> that includes the following information as required under Section 512(c)(3) of the DMCA:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Traxsource to locate the material.
(iv) Information reasonably sufficient to permit Traxsource to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When Traxsource receives a notice of alleged copyright infringement, Traxsource removes the material that is the subject of the notification.
Please note that the information provided in a notice of alleged copyright infringement may be forwarded to the person who provided the allegedly infringing content.
Please also note that under Section 512(f)(2) of the DMCA any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
(c) Counter-Notification. If you believe your content was removed or disabled as a result of mistake or misidentification, you may file a counter-notification.
In order to file a counter-notification with Traxsource, you must provide Traxsource with a written communication to <email@example.com> that includes the following information as required under Section 512(g)(3) of the DMCA:
(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Traxsource may be found, and that you will accept service of process from the complaining party or an agent of such person.
Upon receipt of a counter-notification, we will provide the complaining party with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to such material in 10 business days.
If, within 10 business days after receipt of the counter-notification, Traxsource has not received notice from the complaining party that it has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the removed or disabled material, Traxsource will replace the removed material or cease disabling access to such material.
Please note that under Section 512(f)(2) of the DMCA any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.
14. Governing Law. End-User agrees that all matters relating to End-User’s access to and use of the Website and any Downloads, Materials and other Site Content purchased or otherwise obtained from the Website, including all disputes arising out of these Terms of Service, shall at all times be governed by the laws of the United States and specifically by the laws of the State of Florida without regard to its conflicts of laws provisions. End-User agrees to the personal jurisdiction of and venue in the State and Federal courts located in Broward County, Florida. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.
Dated: February 3, 2016