(Effective and last modified 4/04/20)
2.1 To access or use some content or features of our Website or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
2.3 We may require that you establish an account with use to access certain parts of our Website or use certain Services (e.g., purchase tickets). When registering an account, you may need to select a username (“ID”) and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at email@example.com.
3 LIMITATION, SUSPENSION OR TERMINATION
4 Acceptable Use.
4.2.2 Modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our Website or Service (e.g., those that prevent or restrict copying The EDM Club Content);
4.2.3 Take any action to interfere with, damage, disrupt any part of our Website or Service;
4.2.4 Use our Website or Service to send, knowingly receive, upload/post or download any material that does not comply with our content standards;
4.2.5 Use our Website or Service to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
4.2.6 Use our Website or Service to transmit any data, or upload to our Website or Service, any data that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
4.2.7 Decompile, reverse engineer or disassemble any portion of our Website or Service;
4.2.8 Engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or Service.
4.3 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You must not:
4.3.1 Establish a link from any website that is not owned by you.
4.3.2 Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking.
4.3.3 Link to any part of the Website other than the homepage without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately.
5 RELIANCE ON EDM CLUB CONTENT
5.1 Information available through our Website or Service is for educational, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not verify all EDM Club Content. For this and other reasons, such information may have errors, inaccuracies and omissions. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or anyone who may be informed of any of its contents.
5.2 Our Website may include content provided by third parties. All statements and/or opinions expressed in such materials are solely the opinions and the responsibility of the third party providing these materials. These materials do not necessarily reflect the opinion of the EDM Club. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5.3 If there is a dispute between you and anyone accessing our Website or Service, or you and any third party in connection with our Website or Service, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release the EDM Club and its parents, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
6 THIRD-PARTY WEBSITES
7 LIMITS ON OUR LIABILITY
7.3 In some jurisdictions, limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
8 DISCLAIMER OF WARRANTIES
8.1 TO THE FULL EXTENT PERMITTED BY LAW, THE EDM CLUB SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY THE EDM CLUB ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND SERVICE IS AT YOUR OWN RISK. THE EDM CLUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.
8.2 Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
10 MANDATORY ARBITRATION
10.1 The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.
10.2 We each agree that any claim or dispute between us, and any claim by either of us against any agent, successor or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.
10.3 We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction
10.4 Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 12 below, we each agree that any arbitration will be solely between you and the EDM Club, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction in Section 12 is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.
12 NO CLASS ACTIONS TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
13 NO TRIAL BY JURY TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
14 AMENDMENT; ADDITIONAL TERMS
15 ONLINE PURCHASES All purchases through our Website or other transactions for the sale of goods formed through our Website or resulting from visits made by you are subject to our Terms and Conditions of Sale which are made available for review before placing an order. OTHER TERMS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the EDM Club have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.