Last Updated: May 15, 2012
These Terms apply to the Services. By accessing or using the Services, registering for or receiving Services offered on the Website, or by accepting, uploading, submitting, or downloading any information or content from or to the Site, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
The Materials (as defined below) contained in the Service and Site are protected by applicable copyright and trademark law.
Description of Service
PaceDJ includes a website and mobile applications made available at http://www.pacedj.com, (collectively, the “Service”).
The Service and all content and other materials on the Site, including, but not limited to, the our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials”) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
Pacing Technologies, PaceDJ, the Pacing Technologies logo, the PaceDJ logo and any other service name or slogan contained in the Site are trademarks of Pacing Technologies and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pacing Technologies or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Pacing Technologies” or any other name, trademark or service name of Pacing Technologies without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Pacing Technologies and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, service names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions
We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials for personal, non-commercial transitory use only and solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. No license, either implied or explicit, is granted to you to Pacing Technologies’ intellectual property including but not limited to any issued or pending patents.
i) collect, use, copy or distribute any portion of the Site or the Materials;
ii) resell, publicly perform or publicly display any portion of the Site or the Materials;
iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials;
iv) use the Website or Services for the purpose of creating, developing, or promoting any enterprise, whether for profit or non-profit;
v) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or information that we may provide through our Services;
vi) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Services;
vii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from publicly accessible portions of the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
viii) collect or harvest any personally identifiable information from the Website including, without limitation, member names, passwords, email addresses;
ix) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
x) decompile, reverse engineer, or disassemble any portion of any the Website;
xi) use network-monitoring software to determine architecture of or extract usage data from the Website;
xii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another member, person, or entity; or
xiii) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.
xv) use the Site or the Materials other than for their intended purposes.
Illegal and/or unauthorized use of the Service will be investigated. Pacing Technologies will take appropriate legal action for any illegal or unauthorized use of the Service. Any unauthorized use terminates the permission or license granted by Pacing Technologies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray Pacing Technologies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Pacing Technologies logo, pacedj.com logo, or other proprietary graphic or trademark as part of the link without express written permission.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pacing Technologies at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
(A) In order to purchase Services or to access certain areas of our Website, you must become a registered member. If you are under the age of eighteen (18), then you are not permitted to register as a member or otherwise use our Services unless sponsored by a parent or legal guardian.
(B) If you become a registered member, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”). You are responsible for safeguarding and maintaining the confidentiality of your user name and password. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at email@example.com of any unauthorized use (or attempted unauthorized use) of your Membership. We reserve the right to require you to change your login name or password.
(C) Some services on the Site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify PaceDJ of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site. In addition, you agree to exit from your account at the end of each session.
This Section applies to content that you may submit to public or semi-public areas of our Website such as member discussion forums which are designed to allow members to communicate with each other.
We may now or in the future permit members to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“Member Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your Member Content. We do not guarantee any confidentiality with respect to Member Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Member Content, and we do not accept any responsibility for the same.
You shall not submit any Member Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from Member Content that you submit.
You represent, warrant, and covenant that you will not submit any Member Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, harassing, profane, pornographic, or otherwise objectionable or in appropriate;
(iii) is an advertisement for goods or Services or a solicitation of funds;
(iv) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(v) contains a formula, instruction, or advice that could cause harm or injury; or
(vi) is a chain letter of any kind.
Moreover, any conduct by a member that in our sole discretion restricts or inhibits any other member from using or enjoying the Website or Services will not be permitted.
By submitting Member Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Member Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Member Content.
We have the right, but not the obligation, to monitor Member Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any Member Content.
Drawings & Sweepstakes
From time to time, we may make contests, sweepstakes or other promotions available to users of the Service. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a drawing or sweepstakes affiliated with the Service, you signify your agreement and acceptance of these Terms and the applicable Contest Rules.
We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. We also are an iTunes affiliate, and provides links on the Site for Users to purchase downloadable music via iTunes .
When you purchase songs via PaceDJ.com, you will be redirected to one of PaceDJ’s affiliated music downloading services (i.e. iTunes or Amazon.com), where you may pay for songs. When you click to purchase a PaceDJ mobile application, you will be redirected to either the Apple App Store or the Android Market where you may purchase the application. If you register to become a Member at http://www.pacedj.com, you will not be charged any fees to become a member.
We reserve the right to modify our fees at any time for any reason upon notice to you. From time to time we may add or modify certain offerings or Services and we reserve the right to charge you additional or different fees in consideration for providing such new or modified Services to you.
If you subscribe to our Services, then you may cancel your Membership by deactivating your account within your user profile at http://www.pacedj.com.
Third Party Sites and Content
We may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Web site to which you navigate from the Site.
Advertisements and Promotions; Third Party Services
We may run advertisements and promotions from third parties on the Service or may otherwise provide information or links to third party services on the Service. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Site.
Disclaimer of Warranties
FOR YOUR SAFETY, DON’T USE HEADPHONES OR LISTEN TO MUSIC, OR USE THE SERVICE WHILE EXERCISING ON THE ROADS OR IN SITUATIONS WHERE SUCH ACTIVITY MIGHT ENDANGER OTHERS. PACING TECHNOLOGIES IS NOT RESPONSIBLE IF YOU CHOOSE TO IGNORE OR FAIL TO OBEY THIS DISCLAIMER. Before using the Service, or any exercise-related application, be sure to consult your physician. By using the service you agree to these terms and certify that you understand the risks associated with cardiovascular exercise, and accept them as your sole responsibility. You are responsible for selecting a suitable target pace when using the Service, and you may need to adjust the pace settings within the Service from their default settings in order to fit your needs. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, THE SITE, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT WARRANT THAT THE SITE, THE MATERIALS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE.
PACING TECHNOLOGIES DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE SERVICE OR ANY PORTION THEREOF, (D) YOUR USE OF THE SERVICE, OR (E) YOUR USE OF ANY SOFTWARE, EQUIPMENT, RECOMMENDATIONS, OR ANY OTHER INFORMATION IN CONNECTION WITH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PACING TECHNOLOGIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL: (I) PACING TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE MATERIALS AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR THE SITE EXCEED $2.00 (U.S. dollars).
Indemnification and Release
You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents, attorneys, advertisers and employees (collectively, the “Indemnified Parties”) harmless from and against any liability, loss, personal injury (including injuries resulting in death), and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against a Indemnified Party, whether successful or not, resulting from or arising in connection with: (i) your use of the Site, the Materials and/or the Service; (ii) your conduct; (iii) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (iii) any Content you upload to, posted on, create on, transmitted through or linked from the Site.
Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason.
Notwithstanding any terms to the contrary in these Terms, Pacing Technologies may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with Pacing Technologies or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. Pacing Technologies’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with Pacing Technologies, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
THIS SERVICE IS NOT MEANT FOR MINORS. We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Service is not intended for and may not be used by children under the age of 13. We do not knowingly collect information from children under the age of 13 and we do not target the Site to children under 13.
Reports and Notice
If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to firstname.lastname@example.org. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.
Except as explicitly stated otherwise, any notices to Pacing Technologies shall be sent by certified mail, return receipt requested, to Pacing Technologies LLC, 3245 University Avenue., #1177, San Diego, CA 92104. Notice shall be deemed given three (3) days after the date of mailing.
We respect the intellectual property rights of others and expect our users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of persons suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Pacing Technologies, LLC
3245 University Ave. #1177
San Diego, CA 92104
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(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 at a single online site are covered by a single notification, a representative list of such works at that site.
(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 us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Information and Materials within the Service could include technical, typographical, or photographic errors. Pacing Technologies does not warrant that any of the Materials in the Service are accurate, complete, or current.
Amendment; Additional Terms