DIGTRACKS

Terms

The terms of use (terms) listed below apply to the use of “DIGTRACKS”, a music subscription service (our site). Members who have completed their application to our site must fully understand and agreed upon all terms.
DIGTRACKS.com is a digital record pooling service, specified for music promoters and/or professional DJ’s that work in the music industry.
The listed terms will apply all members, as well as any visitors who are just viewing our site.
If you cannot agree to the terms, immediately move away from our site and/or stop usage of our services.
Upon agreeing to the terms, members will be allowed to use our software, which includes the software we developed to run our site and any related digital application (app), distributed documentation or data, future fixes, update and upgrades.
The allowance of use (license) is non-transferable, for member’s personal use and is subject to you:
1. Accessing and using our site from computers and/or devices that you own or control or have authority to use.
2. Complying with the terms when downloading from our site, or for any app that is used when accessing our site.
3. Not copying our software.
4. Not removing or modifying any copyright, trademark or proprietary rights notices contained in our site.
5. Not reverse engineering, or disassembling our site.
6. Not passing any rights to access our site to anyone else without our prior written consent.
7. Not uploading any viruses or harmful software to our site.
8. Not exporting or re-exporting any software in violation of Japanese export laws.
9. Not accessing or using our site from a country that has been designated as a “terrorist supporting” country.
10. Not using our site for any commercial purpose without our prior written consent.
11. Not accessing, creating, or modifying the source code of our software.
12. Not using our site in any way that impedes the use of another member.
13. Not using our site to track, monitor or analyze user behavior.
14. Not compromising any security measures employed by our site.
15. Not uploading any data or information that you are not authorized to share.
Not complying with these conditions, may lead to termination of your membership to our site.
Changes and Alterations
We may change or alter the terms for our site without notice. Any changes or alterations will be in effect at the point of publication in our site, so please revisit the terms every so often.
Provided Content
In our service, we only handle promotional audio materials provided by labels and promotion companies. The intellectual property of these audio sources belongs to the respective labels and artists, and we have obtained proper permission for their use within the service operated by our company.
You do not have the right to use any trademarks, images, logos or names of DIGTRACKS or any consenting third parties, without our prior written consent.
Registration for Membership or Contributor
・When registering for our service as a member or a contributor, you will be asked to provide your e-mail address and personal information.
・It is the responsibility of the member to cancel the paid plan by connecting to our service on their own. Also, there will be absolutely no refunds for membership fees.
License Agreement
We approve members to playback and use music data found and downloaded from our site with no limitations, as long as it is in the parameters of promotional use.
Upon using any music data through our service, no infringement of property, privacy, copyrights, and intellectual properties, belonging to our company or associated third parties will be allowed.
Termination
DIGTRACKS.com may and will, terminate membership contract without any warning.
Your contract will be terminated immediately if we determined that you as a member have used the music data from our site beyond the parameters set in the terms, or information necessary to access our site (email address and/or password) has been passed to another person.
The terms listed will still be valid, even after contract termination.
Changes and Termination
We reserve the right to change, suspend, restrict or terminate any features or services without prior notice. You may not register or access our site again, if we terminate your access due to a breach of these terms, without our prior written consent.
Payment Terms and Usage Fee
・Only credit card payments (monthly) are accepted.
・The first payment will be billed on the day you join the paid plan. Subsequent payments will be billed on the 1st day of each month.
・Once you join the paid plan, you will be charged until you cancel, regardless of whether or not you use our site.
・If the card payment is not made due to the customer's circumstances and the account is temporarily suspended, usage fees will still be incurred until the cancellation process is carried out. Any unpaid amounts will be billed retroactively.
・If a dispute arises between the customer and the credit card company or others regarding fees or other debts, it should be resolved between the concerned parties, and our company assumes no responsibility.
・If the contract is terminated due to the customer's fraudulent activities, the usage fee will not be refunded.
Minors
You may not access or use our site if you are under the age of 18 years old.
Responsibility Application Information
Before using our site, you must register by filling out an application form. Personal information entered in the application must be accurate information of the user requesting membership.
If it is determined that the information provided is false and inaccurate, your registration may be terminated, and we may be subject to further legal action
Password
Applicants to our service will be provided with a password to access our site.
Members may not use another member’s email address or password. Also you may not transfer your password to any third party.
If you recognize that your password has been illegally used by a third party, it will be your duty to inform us immediately.
Attributions
All copyrights, neighboring rights, trademarks, property rights, and intellectual property rights that apply to music data, contents, and services belong our company or another party who owns the legitimate rights.
Members may not modify, copy, or distribute the music data, without a prior written consent of the rightful owner of the copyright, neighboring right, trademark, property right, and intellectual property right.
Notification of Copyright Infringement
If you believe that any data available on our site infringes a copyright you may own, please contact us. Please send a notification of claimed infringement to our registered agent, which must include the following:
1. A copy of the signature and/or seal of the owner of the copyright that is allegedly infringed.
2. A copy of the copyright certificate including the copyright registration certificate number.
3. A written description of where the data believed to be infringed is located on the DIGTRACKS.com site.
4. Contact information of the complaining party or individual
Upon receiving a notice containing the above information and documentation, we will review the material and promptly remove the data from our site. Further more, we will forward the notice to the member who uploaded the data, informing the member that the data has been removed, and they have the right to file a counter notification.
Counter-notification
An alleged infringer of copyrighted data (infringer), can make an objection by sending a counter notification to our registered agent, which must include the following:
1. A signature of the infringer.
2. Information of the data that has been removed, including the location on our site at which the data appeared before removal.
3. A statement that the infringer has good belief that the data was removed as a result of mistake or misidentification.
4. Contact information of the infringer.
Upon receiving the counter notification containing the above information and documentation, we will review the material and forward the notification to the complaining party. Further more, if we do not receive any notice that any legal action has been filed to restrain the infringer, the removed data shall be uploaded back to our site within ten(10) business days.
Non-guarantee
We will not be held accountable and will not offer any support for any connection issues with your computer, data communication equipment, or software due to your service provider. The same will apply if you cannot use or download music data due to your computer or operating system. Please make sure your equipment is compatible with our site before subscribing.
Members are to acknowledge that the service provided by our site is subject to your connection status, connection speed, equipment specs and performance, and we are not responsible for (whether or not foreseeable) stability, reproducibility, safety, homogeneity, or satisfaction of customer expectation of our service.
Liability, Indemnification
DIGTRACKS.com provides our site and all content related to “as is”, and expressly disclaims any and all warranties, including implied warranties of fitness, title, merchantability, fitness for a particular purpose, by course of performance or usage of trade and non-infringement. DIGTRACKS.com will do it’s best for members and contributors to be able to use our services smoothly, subject to the terms provided here, however cannot guarantee that it always will. Therefore to the extent permitted by law, DIGTRACKS.com will not be liable for trouble occurred from our site or applications including:
1. Indirect, incidental, special, punitive, compensatory or consequential damages.
2. Interruption or use or loss or corruption of data.
3. Property damage or personal injury.
4. Failure or delay due to issues beyond reasonable control.
5. Regardless of source of origination, any bugs, viruses, trojan horses, etc.
Members and contributors shall agree that your right with respect to any dissatisfaction or problems with our site, is set forth in the terms and conditions.
You must also agree to indemnify and hold harmless DIGTRACKS.com from and against all claims and expenses, including attorney fees arising from use of, or misuse of our site. DIGTRACKS.com reserves the right to assume the exclusive defense and control of any matter other otherwise subject to indemnification by you, in which case/event you agree to assist and cooperate with us in asserting any available defenses or claims.
Limitation of Liability
With the exception of a willful intent or gross negligence on our part, no liability can be accepted for any failure or delay of our service, data or information not reached, and any direct or indirect loss or damages that occur from use of our services or music data.
Force Majeure
In the case where the responsibilities set forth in these terms cannot be fulfilled by us due to, natural disaster, disposition order from regulatory authorities, strike, or force majeure including mechanical, authentication system, data processing, communication system, or transmission link failure.
Prohibition of Transferring Rights and Obligations
Members may not transfer any rights and obligations set forth in these terms to a third party, without a prior written consent.
Invalid Terms and Conditions
Should any particular term or condition is deemed invalid, void or illegal by the court of law, the remainder of these terms shall remain in full force and effect.
Governing Law, Jurisdiction
The construction, validity, performance and interpretation of this terms shall be governed by the laws of Japan. For any dispute regarding our service (including content or advertisement), or caused by or related to our software, the Tokyo District Court shall be the agreed court of first instance with exclusive jurisdiction.
Miscellaneous
DIGTRACKS.com reserves all rights not expressly granted in these terms. Subscription to our site does not constitute a partnership, agency relationship, or joint venture between you and DIGTRACKS.com. Should any term or condition be deemed invalid, it shall be served, but the remainder of these terms shall remain in full force and effect. If we fail at any time to require performance of any term, it shall in not affect our right at a later time to enforce the same term.
You may not copy and illegally use these terms without our prior consent.
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