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DUBSET is the next generation of internet radio, curated by the world's top DJs. Discover new music recorded live at premier clubs and exclusive events, find and follow new DJs, and create your own custom channel with your favorite mixes.

DUBSET TERMS OF USE

Your use of Dubset.com is governed by these Terms of Use (the "Agreement"). You should read this Agreement carefully because it is a legally binding agreement between Dubset Media Holdings, Inc., a New York Corporation, ("Dubset") and You, (the "Member," who has registered an account with Dubset) governing your use of Dubset.com (The "Services" or the "Website") and its "Content" (such as texts, files, music, messages, photos, video, images, sounds, profiles, works of authorship, our music player, our MixSCAN API or any other materials or software offered through Dubset.com).

Unless otherwise agreed in writing with Dubset, your agreement will always include these Terms of Use. This Agreement with Dubset may also include additional terms ("Additional Terms") besides the Terms of Use found herein (DJ Members should refer to the "DJ Member Additional Terms of Use"). Any Additional Terms will be made available for You to review and accept through Your subscription to or use of certain features or through a written agreement between You and Dubset. If there is a conflict or contradiction between any Additional Terms and the these Terms of Use, the conflicting Additional Terms will be controlling and the rest of these Terms of Use will remain in effect.

If you are using the Dubset application for the Apple iPhone or iPod touch, please go here.

In order to use the Services You must first agree to these Terms of Use. If You do not accept this Agreement, You may not use the Services and should stop using this website immediately. By using Dubset.com and its Services You understand and accept all the terms of this Agreement.

Residency Requirement. Only residents of the United States may use Dubset.com. If you are not a resident of the United States, please stop using this website immediately.

Parental Advisory. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENTS AND GET THEIR PERMISSION BECAUSE SOME OF THE MUSIC FOUND ON DUBSET MAY CONTAIN EXPLICIT LANGUAGE AND REFERENCES TO DRUGS, SEX OR VIOLENCE. IF YOU ARE YOUNGER THAN 13, YOU MAY NOT USE THIS WEBSITE. Dubset does not purposefully collect the personal information of children using the Website.

Dubset's Services. Dubset.com, in addition to other services, allows its Members to listen to, through our player, streaming, pre-recorded, full-length, live music mixes created by the most prominent DJ's in the world. Dubset also allows its Members to view custom DJ profile pages, allowing DJ's to showcase their mixes to the masses in a cutting-edge and exclusive fashion. Dubset.com's Services include the Content, our player, our calendar, and any other features or applications or service Dubset may offer from time to time.

Changes to these Terms of Use. These Terms of Use, the Services, Content and Website are subject to change at the sole discretion of Dubset. Any such changes will be posted on the Website and are effective upon posting. By continuing to use the Website, You waive any right to specific notice of such changes and accepts all such changes. Dubset encourages You to frequently review this Agreement to keep abreast of any changes and, if You disagree with any of these Terms and Conditions or changes thereto, You must cancel Your subscription and stop using the Website.

Member Accounts and Passwords. Upon Your subscription to the Services, You will be asked to create an account and choose a password. You are solely responsible for maintaining the confidentiality of the password and for any and all use of Your Dubset account. You must not use the account, username, or password of another Member or disclose their password to any third party. You agree to notify Dubset without delay if you suspect any unauthorized access to Your password or use of Your account. If you do not meet these terms, you may be held responsible for any and all use of Your account. Dubset reserves the right to access any Member's account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as Dubset deems necessary and appropriate.

Privacy. You can read our Privacy Policy by clicking here: Privacy Policy.

Termination of Membership. If You violate any of the Dubset Policies, Dubset may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate Your subscription to the Services without notice. In the event of such termination, Dubset shall not refund any prepaid subscription fees. You may cancel Your subscription at any time; provided, however, if You cancel Your subscription, no refunds will be issued of any prepaid subscription fees. If Dubset discontinues the Services service for any reason except for a violation by You of Dubset's policies, Dubset shall refund a prorated portion of any prepaid subscription fees.

Member Conduct. You understand and agree that Dubset may review and delete any content that, in our sole judgment of Dubset, does not comply with Dubset's Policies, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other Members and/or third parties. Prohibited Content includes, but is not limited to, content that:

Collecting Member names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing, inlining or linking from or to the Website are prohibited. All forms of illegal use, unauthorized use, and/or use that violates the letter or spirit of Dubset's Policies are prohibited. Commercial advertisements, associated links and other forms of enticements or endorsements may be removed from the Member profiles without notice and may result in termination of Your Membership.

Member-to-Member Contact. Dubset may allow Members to contact other Dubset Members, provided that Members shall at all times comply with all Dubset Policies. Members are solely responsible for your interactions with other Dubset.com Members, whether on-line or offline.

Proprietary Rights. As between the parties, Dubset shall retain all ownership rights in all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality, including the player, music mixes, MixSCAN API, as well as any and all content, contained in or on the Website (the "Dubset Technology and Content"). No license, right or interest in any Dubset trademark, copyright, trade name or service mark is granted hereunder. Member shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the Dubset Technology and Content.

License from Dubset to You. Dubset grants You a non-assignable limited license to make personal and non-commercial use of the Website and Services. The Services are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by Dubset in writing. You may not transfer or copy any of the Dubset Technology and Content (which, for the avoidance of doubt, shall mean any material which is posted on Dubset.com, including, but not limited to, passwords, Member names and/or emails, photographs, links, Content provided by any Members and/or any information, elements of design, the MixSCAN API, Dubset's music player, technical functions and/or works of authorship provided by Dubset as part of the Services) for use in connection with any other product or service.

Content License from You to Dubset. DJ Members should refer to the DJ Member Terms of Use regarding the license grant from them to Dubset. The following applies to all other Members. By displaying or publishing any Content on or through the services of the Website, each Member grants Dubset a fully-paid, non-exclusive, and royalty-free, worldwide sub-licensable license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, transfer, broadcast, reproduce, store and distribute such Content on and through the Website. This license will survive even after a Member removes such Content from the Website. In the event of removal, a residual or back-up copy of the Content posted may remain on Dubset's servers and Dubset maintains all rights to those copies. You warrant and represent that You own the Content posted by You or otherwise have the right to grant the above described license. Furthermore, You warrant and represent that the posting of Your Content on or through the Website does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. Member agrees to pay for all fees, royalties and any other duty owed to any person or company by reason of any Content posted by them to or through the Website.

Representations and Warranties made by You. You represent, warrant and covenant to Dubset that:

Indemnification. You agree to indemnify, defend and hold harmless Dubset, its members, manager, officers, directors, employees and licensors from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (i) any violation of the Dubset polices, (ii) any applicable Federal, State or local laws, or (iii) any activity related to Your access to or use of the Services or the Website or any person accessing the Services or the Website through You or Your account.

DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTENT PROVIDED BY DUBSET ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBER AGREES THAT THEIR SUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT MEMBER'S OWN RISK. DUBSET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. DUBSET DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DUBSET IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.

LIMITATION OF LIABILITY. EXCEPT FOR MEMBER'S FAILURE TO PAY ANY FEES DUE DUBSET AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF MEMBER'S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO DUBSET DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment of Rights. Dubset may assign its rights and obligations hereunder without any notice to You. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Dubset. These Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Copyright Policy. Dubset does not endorse or tolerate actions or activities that violate another party's intellectual property rights. Members may not display or publish or in any other way modify, post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information that does not belong to them without the prior written consent of the owner. Please notify Dubset if you are a copyright owner, or representative of such, and you believe that any Content on the Website infringe your copyright. Details on how to properly notify Dubset can be found here . Some of the Content on Dubset.com is made available by permission from the Members who created it. If you are uploading music created by yourself and if you are not a registered member of Dubset.com, you grant Dubset.com permission to stream the uploaded music on the terms and conditions of these Terms of Use posted on Dubset.com and you also warrant that you have sufficient rights in the music to grant such rights to Dubset.com.

Trademarks. Dubset and third party trademarks or service marks may or may not be identified on Dubset.com through the use of TM, SM, or ® or other symbols. Except when authorized by Dubset, You may not use any logos, names, or other trademarks found on Dubset.com without prior written consent of Dubset.

Advertisements. Dubset.com may display advertisements and promotions and these advertisements may be placed or chosen through any information stored on the Website. The amount, the means, and the manner of advertising by Dubset are subject to change without any form of notice to you. By Dubset granting you access and use of the Website and Services, you agree that Dubset may place such advertising on the Website.

Third Party Content. Dubset may include links to third party web sites, content or resources. Dubset may not have control over these third party web sites. You understand and agree that Dubset is not responsible for the availability of these other sites, does not endorse any advertisings, products or other material. Such third party content is used at your own risk.

Member Support and Version Updates. You are using the Services and the Dubset App at your own risk and we are under no obligation to provide you with any support although we reserve the right to do so. If You have any questions concerning this Agreement or need technical support, you may contact Dubset support by emailing info@dubset.com . Dubset may also make available newer versions of the Website Services or the Dubset App which, at Dubset's election, may be subject to additional fees.

Notice. Dubset may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message, courier mail, or through posting on Dubset.com, at its sole discretion. Notices posted on Dubset.com shall be deemed effective upon the posting thereof. Dubset reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Dubset by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.

No Waiver. If Dubset does not exercise or enforce any legal right or remedy contained in the terms this will not be taken as a waiver, formal or informal, and that those rights and remedies are still available to Dubset.

Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Governing Law and Venue. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to the choice of law provisions thereof. Any legal action or proceeding with respect to these Terms and Conditions or any transaction related hereto shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York. Member hereby consents to the exclusive jurisdiction of the aforesaid courts. Member hereby irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have, to the bringing of any action or proceeding in such jurisdictions with respect to these Terms and Conditions or any transaction related hereto.

MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER HAS READ THIS AGREEMENT, COMPLETELY UNDERSTANDS ITS TERMS AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MEMBER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN DUBSET AND MEMBER (WITH THE EXCEPTION OF ANY "ADDITIONAL TERMS" THAT DUBSET MAY PRESENT TO YOU REGARDING CERTAIN FEATURES OR SPECIAL MEMBERSHIPS) AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN DUBSET AND MEMBER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please email info@dubset.com.

Updated February 11, 2011

iPhone AND iPod Terms of Use

« Return to Dubset Terms of Use

These Terms of Use (the "Agreement") is a legally binding agreement between Dubset Media Holdings, Inc., a New York Corporation, ("Dubset") and You, (the "Member," who has registered an account with Dubset) governing your use of Dubset.com (The "Services" or the "Website") and Dubset's streaming music service application found through the Apple Store for use on the iPod Touch and iPhone (the “Services” or the “Dubset App”) as well as its "Content" (such as texts, files, messages, photos, video, images, sounds, profiles, works of authorship, our music player or any other materials or software offered through Dubset.com or the Dubset App). This agreement is between Dubset and You and not between You and Apple Inc. (“Apple”). Dubset and not Apple is not responsible for the Services and the App provided by Dubset. Apple is a third party beneficiary to this agreement and shall have the right to enforce this agreement as such.

Unless otherwise agreed in writing with Dubset, your agreement will always include these Terms of Use. This Agreement with Dubset may also include additional terms ("Additional Terms") besides the Terms of Use found herein (DJ Members should refer to the "DJ Member Additional Terms of Use"). Any Additional Terms will be made available for You to review and accept through Your subscription to or use of certain features or through a written agreement between You and Dubset. If there is a conflict or contradiction between any Additional Terms and the these Terms of Use, the conflicting Additional Terms will be controlling and the rest of these Terms of Use will remain in effect.

In order to use the Services including the Dubset App You must first agree to these Terms of Use. If You do not accept this Agreement, You may not use the Services and the Dubset App and should stop using the Website or Dubset App immediately. By using Dubset.com and its Services including the Dubset App You understand and accept all the terms of this Agreement.

Residency Requirement. Only residents of the United States may use Dubset.com. If you are not a resident of the United States, please stop using this website immediately.

Parental Advisory. IF YOU ARE BETWEEN THE AGES OF 13 AND 17, YOU SHOULD REVIEW THESE TERMS WITH YOUR PARENTS AND GET THEIR PERMISSION BECAUSE SOME OF THE MUSIC FOUND ON DUBSET MAY CONTAIN EXPLICIT LANGUAGE AND REFERENCES TO DRUGS, SEX OR VIOLENCE. IF YOU ARE YOUNGER THAN 13, YOU MAY NOT USE THIS WEBSITE. Dubset does not purposefully collect the personal information of children using the Website.

Dubset's Services. Dubset.com, in addition to other services, allows its Members to listen to, through our player, streaming, pre-recorded, full-length, live music mixes created by the most prominent DJ's in the world. Dubset also allows its Members to view custom DJ profile pages, allowing DJ's to showcase their mixes to the masses in a cutting-edge and exclusive fashion. Dubset.com's Services include the Content, our player, our calendar, and any other features or applications or service Dubset may offer from time to time such as the Dubset App made for the iPhone and iPod touch available through the Apple Store.

Changes to these Terms of Use. These Terms of Use, the Services, Content and Website are subject to change at the sole discretion of Dubset. Any such changes will be posted on the Website and are effective upon posting. By continuing to use the Website or the Dubset App, You waive any right to specific notice of such changes and accepts all such changes. Dubset encourages You to frequently review this Agreement to keep abreast of any changes and, if You disagree with any of these Terms and Conditions or changes thereto, You must cancel Your subscription and stop using the Website or the Dubset App.

Member Subscriptions and Passwords. Upon Your subscription to the Services or use of the App, You may be asked to create an account and choose a password. You are solely responsible for maintaining the confidentiality of the password and for any and all use of Your Dubset account. You must not use the account, username, or password of another Member or disclose their password to any third party. You agree to notify Dubset without delay if you suspect any unauthorized access to Your password or use of Your account. If you do not meet these terms, you may be held responsible for any and all use of Your account. Dubset reserves the right to access any Member's account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including, without limitation, as reasonably needed to investigate complaints, to provide the Services, or for such other purposes as Dubset deems necessary and appropriate.

Privacy. You can read our Privacy Policy by clicking here: Privacy Policy

Subscription Fees and Other Applicable Fees. The term of Your subscription to the Services and the benefits of each subscription package, as well as the fees and charges applicable to such subscription, are set forth on the Website. Subscriptions will automatically renew for an additional term equal to the length of the original subscription term unless You cancel Your service not less than one (1) day prior to the renewal date. The subscription packages available, the applicable subscription fees and other terms and conditions applicable thereto are subject to change by Dubset at any time by posting such revisions on the Website. Such changes shall be applicable to any new subscription term commencing after such changes are posted on the Website. You must provide Dubset with a valid credit card or other payment method approved by Dubset. You authorize Dubset to automatically charge any applicable subscription fees in advance for each subscription term to such credit card or other payment method until Your subscription is cancelled. If a Your applicable subscription fees are not paid on a timely basis, including, without limitation, due to an invalid or expired credit card, number, Dubset may, in addition to any other available remedies, suspend or terminate Your subscription, and any unpaid amounts will bear interest at the rate of one and one-half percent (1.5%) per month (subject to applicable law). Any subscription fees due hereunder do not include applicable Federal, State or local taxes. To the fullest extent permitted by law, You hereby waive all claims relating to charges unless claimed within sixty (60) days of the date of the charge, subject to any rights of the issuing credit card company. To the fullest extent permitted by law, any refunds will be issued at the sole discretion of Dubset.

Termination of Membership. If You violate any of the Dubset Policies, Dubset may, in addition to any other rights and remedies it may have at law or in equity, immediately terminate Your subscription to the Services without notice. In the event of such termination, Dubset shall not refund any prepaid subscription fees. You may cancel Your subscription at any time; provided, however, if You cancel Your subscription, no refunds will be issued of any prepaid subscription fees. If Dubset discontinues the Services service for any reason except for a violation by You of Dubset's policies, Dubset shall refund a prorated portion of any prepaid subscription fees.

Member Conduct. You understand and agree that Dubset may review and delete any content that, in our sole judgment of Dubset, does not comply with Dubset's Policies, or which might be offensive, illegal or that might violate the rights, harm, or threaten the safety of other Members and/or third parties. Prohibited Content includes, but is not limited to, content that:

Member-to-Member Contact and Disputes. Members shall be permitted to contact other Dubset Members who have chosen to be contacted and have opted into the Services; provided, however, that Members shall at all times comply with all Dubset Policies. Members are solely responsible for your interactions with other Dubset.com Members, whether on-line or offline.

Proprietary Rights. As between the parties, Dubset shall retain all ownership rights in all technology, hardware, software, programs, codes, processes, user interfaces and any other functionality, as well as all content, contained in or on the Website or in the Dubset App (“Dubset Technology and Content”). No license, right or interest in any Dubset trademark, copyright, trade name or service mark is granted hereunder. Member shall not disassemble, reverse engineer, license, sub-license, create derivative works from or re-license any of the Dubset Technology and Content.

License from Dubset to You. Dubset grants You a non-assignable limited license to make personal and non-commercial use of the Website, Services, and the Dubset App. The Services and the Dubset App are for the personal use of Members only (organizations, companies or other businesses may not become Members and may therefore not use the Services or the Dubset App) and may not be used in connection with any commercial activities except those that are specifically endorsed and approved by Dubset in writing. You may not transfer or copy any Dubset Content (which, for the avoidance of doubt, shall mean any material which is posted on or through Dubset.com or through the Dubset App, including, but not limited to, music, passwords, member names, photographs, links, Content provided by any Members and/or any information, elements of design, technical functions and/or works of authorship provided by Dubset as part of the Services) for use in connection with any other product or service.

Collecting Member names and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing, inlining or linking from or to the Website are prohibited. All forms of illegal use, unauthorized use, and/or use that violates the letter or spirit of Dubset's Policies are prohibited. Commercial advertisements, associated links and other forms of enticements or endorsements may be removed from the Member profiles without notice and may result in termination of Your Membership.

Content License from You to Dubset. DJ Members should refer to the DJ Member Terms of Use regarding the license grant from them to Dubset. The following applies to all other Members. By displaying or publishing any Content on or through the Services, the Website, or the Dubset App, each Member grants Dubset a fully-paid, non-exclusive, and royalty-free, worldwide sub-licensable license to use, modify copy, translate, adapt, publicly display, publicly perform, transmit, transfer, broadcast, reproduce, store and distribute such Content on and through the Website or Dubset App. This license will survive even if a Member removes such Content from the Website. In the event of removal, a residual or back-up copy of the Content posted may remain on Dubset's servers and Dubset maintains all rights to those copies. You warrant and represent that You own the Content posted by You or otherwise have the right to grant the above described license. Furthermore, You warrant and represent that the posting of Your Content on or through the Website or the Dubset App does not violate the copyrights, publicity rights, contract rights, privacy rights or any other rights of any person or company. Member agrees to pay for all fees, royalties and any other duty owed to any person or company by reason of any Content posted by them to or through the Website or the Dubset App.

Representations and Warranties made by You. You represent, warrant and covenant to Dubset that:

  1. You are at least thirteen (13) years of age or older.
  2. You are a resident of the United States.
  3. You will comply with all applicable local, state and federal laws, ordinances, regulations, orders and all Dubset Policies with respect to any contact or information submitted to Dubset customers;
  4. You shall not to use the account, username, or password of another Member at any time without their authorization, and agree to notify Dubset immediately if You suspect any unauthorized use of Your account or access to Your password; and
  5. Any information provided by You to Dubset is true and correct.
  6. You are responsible for providing the modem, cable modem, DSL, phone service and any other hardware or software necessary to use Dubset.com or the Dubset App.
Indemnification. You agree to indemnify, defend and hold harmless Dubset, its members, manager, officers, directors, employees and licensors from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (i) any violation of the Dubset polices, (ii) any applicable Federal, State or local laws, or (iii) any activity related to Your access to or use of the Services or the Website or any person accessing the Services or the Website through You or Your account.

DISCLAIMER OF WARRANTIES. THE SERVICES AND CONTENT PROVIDED BY DUBSET ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MEMBER AGREES THAT THEIR SUBSCRIPTION TO THE SERVICES AND USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEBSITE, IS AT MEMBER'S OWN RISK. DUBSET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE WEBSITE. DUBSET DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DUBSET IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS RELATING TO ANY PRICING, TEXT OR CONTENT.

LIMITATION OF LIABILITY. EXCEPT FOR MEMBER'S FAILURE TO PAY ANY FEES DUE DUBSET AND AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF MEMBER'S USE OF THE SERVICES AND/OR THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE FEES PAID TO DUBSET DURING SIX (6) MONTHS PRIOR TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment of Rights. Dubset may assign its rights and obligations hereunder without any notice to You. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Dubset. These Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Copyright Policy. Dubset does not endorse or tolerate actions or activities that violate another party's intellectual property rights. Members may not display or publish or in any other way modify, post, distribute, or reproduce any copyrighted material, trademarks, or other proprietary information that does not belong to them without the prior written consent of the owner. Please notify Dubset if you are a copyright owner, or representative of such, and you believe that any Content on the Website infringe your copyright. Details on how to properly notify Dubset can be found here. Some of the Content on Dubset.com is made available by permission from the Members who created it. If you are uploading music created by yourself and if you are not a registered member of Dubset.com, you grant Dubset.com permission to stream the uploaded music on the terms and conditions of these Terms of Use posted on Dubset.com and you also warrant that you have sufficient rights in the music to grant such rights to Dubset.com.

Trademarks. Dubset and third party trademarks or service marks may or may not be identified on Dubset.com through the use of TM, SM, or ® or other symbols. Except when authorized by Dubset, You may not use any logos, names, or other trademarks found on Dubset.com without prior written consent of Dubset.

Advertisements. Dubset.com or the Dubset App may display advertisements and promotions and these advertisements may be placed or chosen through any information stored on the Website. The amount, the means, and the manner of advertising by Dubset are subject to change without any form of notice to you. By Dubset granting you access and use of the Website, Services and the Dubset App, you agree that Dubset may place such advertising on the Website or on the Dubset App.

Third Party Content. Dubset may include links to third party web sites, content or resources on the Website or Dubset App. Dubset may not have control over these third party web sites. You understand and agree that Dubset is not responsible for the availability of these other sites, does not endorse any advertisings, products or other material. Such third party content is used at your own risk.

Member Support and Version Updates. You are using the Services and the Dubset App at your own risk and we are under no obligation to provide you with any support although we reserve the right to do so. If You have any questions concerning this Agreement or need technical support, you may contact Dubset support by emailing info@dubset.com. Apple is not responsible to provide any support with respect to the Dubset App. Dubset may also make available newer versions of the Website Services or the Dubset App which, at Dubset's election, may be subject to additional fees.

Notice. Dubset may send notifications, whether required by law or for business related purposes, including marketing, to you via electronic mail, mobile text message, courier mail, or through posting on Dubset.com, at its sole discretion. Notices posted on Dubset.com shall be deemed effective upon the posting thereof. Dubset reserves the right to determine the form and means of providing notifications to you, provided that you have not, where applicable, opted out of receiving such notifications. Any notices to Dubset by You must be in writing and may either be sent via facsimile, electronic mail or overnight courier.

No Waiver. If Dubset does not exercise or enforce any legal right or remedy contained in the terms this will not be taken as a waiver, formal or informal, and that those rights and remedies are still available to Dubset.

Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect.

Governing Law and Venue. These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to the choice of law provisions thereof. Any legal action or proceeding with respect to these Terms and Conditions or any transaction related hereto shall be brought in the courts of the State of New York located in New York County or in the United States District Court for Southern District of New York. Member hereby consents to the exclusive jurisdiction of the aforesaid courts. Member hereby irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have, to the bringing of any action or proceeding in such jurisdictions with respect to these Terms and Conditions or any transaction related hereto.

MEMBER ACKNOWLEDGES AND AGREES THAT MEMBER HAS READ THIS AGREEMENT, COMPLETELY UNDERSTANDS ITS TERMS AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. MEMBER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN DUBSET AND MEMBER (WITH THE EXCEPTION OF ANY "ADDITIONAL TERMS" THAT DUBSET MAY PRESENT TO YOU REGARDING CERTAIN FEATURES OR SPECIAL MEMBERSHIPS) AND THAT IT SUPERSEDES ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN DUBSET AND MEMBER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

For any Additional Information please email info@dubset.com.

Updated August 31st, 2010

COPYRIGHT INFRINGEMENT NOTIFICATION

It is Dubset's policy is to respond to clear notices of alleged copyright infringement. To send us a copyright infringement notification, You must comply with the guidelines set forth in the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512).

If you believe that content posted on Dubset is infringing on your copyrights, your notice to must be in writing and must include the following:

  1. A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider 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.
  5. 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.
  6. 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.
Please send a notice by mail complying with the above guidelines to:

G. Salem, Esq.
DMCA AGENT / Dubset
2739 Strickland Ave.
Brooklyn, NY 11234

Dubset's response to these notices may include removing content claimed to be infringed upon and/or terminating infringers. Knowingly misrepresenting that any material or activity on Dubset.com is infringing upon your copyrights may subject you to a significant amount of monetary damages. For that reason, you should confirm that you actually own rights to the material you are claiming is being infringed upon.

Privacy Policy

This Dubset Privacy policy (this "Privacy Policy") covers the site www.dubset.com (the "Website"). Because we wish to demonstrate our commitment to our users' privacy, we will notify users of:

  1. What personally identifiable information Dubset collects;
  2. What personally identifiable information third parties collect through the Website;
  3. What organization collects the information;
  4. How Dubset uses the information;
  5. With whom Dubset may share user information;
  6. What choices are available to users regarding collection, use and distribution of the information;
  7. What measures Dubset takes to protect the information under its control; and
  8. How users can correct any inaccuracies in the information.
This Privacy Policy covers only information that is collected through this Website, and does not cover information that may be collected through software downloaded from the Website. If you have questions or concerns regarding this statement, please do not hesitate to contact Dubset.

Information Collection & Use

  1. Registration. In order to use this Website, you must first complete the registration form and create a user name and password. During registration you are required to provide contact information (such as name and email address). We use this information to contact you about the services on our site in which you have expressed interest. Dubset is the sole owner of the information collected on www.dubset.com. Dubset collects personally identifiable information from our users at several different points on our Website.
  2. Subscriptions. If you subscribe to our service, we request certain personally identifiable information from you on our sign up page. You must provide contact information (such as name, email, and billing address) and financial information (such as credit card number, expiration date). We use this information for billing purposes. If we have trouble processing an your subscription, we will use this information to contact you.
Uses of Information
Dubset uses the information that you provide for the following general purposes: to customize the content you see, fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Use of Website by Children

Dubset will not knowingly allow any children under the age of 18 to register with Dubset through this Website.

Communications from the Website

  1. Special Offers and Updates. We may occasionally send you information on products, services, special deals and promotions. You can sign up for these emails from us on our registration page. Out of respect for your privacy, we present the option not to receive these types of communications.
  2. Service-Related Announcements. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you a text message or an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
  3. Customer Service. Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by text message, e-mail, telephone or mail.
  4. Supplementation of Information. In order to provide certain services to you, we may on occasion supplement the personal information you submitted to us with information from third party sources.
Information Sharing and Disclosure

  1. Personally Identifiable Information. We do not share personally identifiable information with third parties. Agents. We use a credit card processing company to bill you for services. These companies do not share personally identifiable information for any other purposes with any third parties.
  2. Service Providers. We use other third parties to provide certain other services on our Website. When you sign up for these services, we will share personally identifiable information as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose.
  3. Legal Disclaimer. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Website.
Log Files

As is true of most Websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. We do link this automatically-collected data to personally identifiable information.

Cookies

A cookie is a small text file that is stored on a user's computer for record-keeping purposes. We use cookies on this site. We do link the information we store in cookies to any personally identifiable information you submit while on our site. We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. We set a persistent cookie to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable us to track and target the interests of our users to enhance the experience on our site. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. Some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by www.dubset.com only and does not cover the use of cookies by any advertisers.

Clear Gifs (Web Beacons/Web Bugs)

We employ or our third party advertising partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We tie the information gathered by clear gifs to our customers' personally identifiable information. To learn more about our advertising company's use of clear gifs, please contact us at the contact information provided below. We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

Third Party Advertisers

The ads appearing on this Website are delivered to users by our advertising partners. We share Website usage information with reputable third party advertisers for the purpose of targeting the Internet banner advertisements on this site. Third party advertisers use cookies and clear gifs on this site, which allow them to recognize a user's cookie when a user visits this site. The information that third party advertisers collect and share through this technology is not personally identifiable. For more information about our third-party advertisers, or to learn more about the choices available to you regarding this anonymous information contact Dubset at the contact information listed below.

Links to Other Sites

This Website contains links to other sites that are not owned or controlled by Dubset. Please be aware that Dubset is not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the Privacy Policies of each and every Website that collects personally identifiable information. This Privacy Policy applies only to information collected by this Website.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our [user information] page or by contacting us at the contact information listed below.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our registration form, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our Website, you can contact us at the contact information listed below.

Business Transitions

In the event Dubset goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via prominent notice on our Website for 30 days of any such change in ownership or control of your personal information.

Changes in this Privacy Policy

If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Us

If you have any questions or suggestions regarding our Privacy Policy, please contact us at info@dubset.com.

Last Updated: September 14th, 2009