Terms and Conditions Friendly Summary (Without all the Legalese)
- You must provide accurate information about who you are, like your name and email. You can't share your account with others. You must be a living human, not a bot.
- You can cancel at any time, but there are no refunds for any of the months when you didn't use the Service.You are solely responsible for canceling your membership account.
- For some services, we may offer a money back guarantee, and the terms may differ depending on the service, or whether you are billed monthly or annually.
- Outside of a money back guarantee, there will be no refunds. Sometimes people sign up and forget and months later they are mad and want money back. It’s their mistake, so it’s in our discretion whether to prorate a refund.
- You're responsible for maintaining the security of your account.
- One person or legal entity may not maintain more than one free account.
- If you're younger than 13, you need a parent's permission to use our service.
- The content you create, chat comments and survey answers that you submit belong to you, but we can show them to people for you according to our various sharing and privacy features. Anything you input to our site must be legal, so no plagiarism, hate speech, misogyny, negging, excessive vulgarity, targeted attacks or unduly harsh criticism.
- Don't rip off our stuff. We’re ruthless about it. Seriously.
- You aren't allowed to reverse engineer the site or hack it.
- If we get sued because of stuff you did on our site, you're responsible for defending us. This is called indemnification.
- We can (and do) change features frequently. We can change our prices.
- Please be respectful, and we will do the same. Producer Dojo reserves the right to refuse service to anyone. We can block you if your use is considered excessive and we will cancel your account if your behavior is toxic. But don't worry, out of the many Producer Dojo visitors and users we have, we've only had to do this a few times.
- There's no warranty. We do not guarantee results, website uptime, or that the service is bug-free.
- We can change these Terms and Conditions at any time.
Producer Dojo Terms And Conditions
Please Read Carefully Before Using Producer Dojo’s Website and Service
The following terms and conditions ("Terms and Conditions") govern your use of the Producer Dojo website, including, without limitation, the ProducerDJ Marketplace (the "Site") and services accessed through the Site (collectively, the "Service") operated by Treasurehead, LLC (a/k/a "Producer Dojo," "we" or "us"). By accessing and using the Service and/or any information, content or materials made available on the Service, you agree that such use is subject to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Service.
You should check these Terms and Conditions and this Site periodically for modifications. Producer Dojo may modify the Site and/or the Terms and Conditions from time to time without notice to you. If Producer Dojo makes material changes to the Terms and Conditions, we will post the revised Terms and Conditions and the revised effective date on this Site. Any continued use of the Service by you after the posting of such modified Terms and Conditions shall be deemed to indicate your agreement to such modified Terms and Conditions. Accordingly, if at any time you do not agree to be subject to any modified Terms and Conditions, you may no longer use the Service.
- 1. USE OF THE SERVICE
(a) Registered Users: In order to gain access to some parts of the Service, you are required to register for an account that is accessed by a username and password ("Account"). In registering for your Account, you agree (i) that the information you provide to Producer Dojo in connection with your registration will be current, complete and accurate, (ii) not to choose a user name that violates any law or the intellectual property rights of others, or is offensive; provided that Producer Dojo reserves the right to reject the use of any user name for any reason or no reason, (iii) not to transfer, sell, convey or assign the right to use your Account to any third party without the prior written consent of Producer Dojo, and (iv) not to permit any third party to use your user name and password to access your Account or the Service. You further agree that you are responsible for the conduct of any party that uses your Account, whether or not authorized by you, and for any breach of the security of the Service related to the use of your user name and/or password.
(b) Grant of Rights: Upon registration and subject to the payment of any applicable fees, Producer Dojo grants you the limited, revocable, non-transferable, non-exclusive right to access and use the Service, under the condition that such activity is solely for your internal purposes, except as may be expressly agreed to in writing by Producer Dojo.
(c) Privacy Policy: In the course of your use of the Site or the Service, you may be asked to provide certain information to us. Producer Dojo's use of any information you provide shall be governed by these Terms and Conditions and our Privacy Policy available at https://members.producerdojo.com/pages/privacy-policy. We urge you to read our Privacy Policy, which is hereby incorporated into and made a part of these Terms and Conditions by this reference as though fully set forth herein.
(d) Submission of User Content: In connection with your use of the Service, you agree not to submit any content ("User Content") or sell any product in the ProducerDJ Marketplace (“User Product”) that (i) is unlawful, (ii) violates any right of publicity or invades the privacy of others, (iii) constitutes sexually explicit, obscene, pornographic, indecent, profane or otherwise objectionable material, (iv) is discriminatory, hateful or bigoted toward, or abusive of, any group or individual, (v) is libelous or defamatory or (vi) violates any applicable law or government regulation. You represent and warrant that you own or have the necessary rights in and to any and all User Content or User Product that you upload or post to the Site or Service. You retain sole ownership of your User Content or User Product. You hereby grant to Producer Dojo a non-exclusive, royalty-free license to use, store, reproduce and display your User Content and/or User Product, solely to the extent reasonably necessary for Producer Dojo to operate the Site and provide the Service to you, and subject to the terms of this Agreement, including our Privacy Policy.
(e) Use of Your Member/Artist Name: You agree that Producer Dojo may use your member name, your artist name and your logo for the purpose of providing and operating the Site, and on Producer Dojo’s website to identify you as a customer or member of Producer Dojo and/or seller in the ProducerDJ Marketplace, and as a part of a general list of Producer Dojo customers, members or sellers.
(f) Prohibited Conduct: You may not use the Site or Service for: (i) posting any (1) information which is incomplete, false, inaccurate or not your own, (2) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or, (3) material that infringes on any other intellectual property, privacy or publicity right of another; (ii) impersonating another person; (iii) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (iv) transmitting or transferring (by any means) information or software derived from the Site to foreign countries in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site, Service or Producer Dojo's system or network security, including, without limitation, the following: (w) accessing data not intended for users of the Site or Service, or gaining unauthorized access to an account, server or any other computer system; (x) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (y) attempting to interfere with the function of the Site, Service, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (z) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You may not deploy to the Site or Service any robot, spider, site search/retrieval application, or other application designed to retrieve, index or "data mine" information from the Site or Service. You agree at all times to use the Site and the Service in compliance with applicable law and these Terms and Conditions.
(g) Content Standards: These content standards apply to any and all oral and written contributions to, and use of, the Site and Service, including without limitation: engaging with public features of the Site, listing products for sale, using community spaces, writing reviews, postings on social media or having direct communication with other members of the Producer Dojo community, such as via Discord. Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or constitute plagiarism, misogyny, negging, excessive vulgarity, targeted attacks, or unduly harsh criticism.
- 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.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- 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 not true.
- Misrepresent or disparage the ProducerDojo community or ProducerDJ Marketplace in any way.
If you (i) think discrimination or hate speech has occurred on the Site or through the Services, or (ii) see something that violates the above provisions regarding Prohibited Conduct or Content Standards, then we encourage you to report it by emailing [email protected], and we will investigate. We have a timely review process for all submitted reports.
(h) Prohibited Use: You represent and warrant that you shall not use the Services to collect from other Producer Dojo customers or members ("Other Users") any of the following information: (i) social security number; (ii) driver’s license number, state identification card number or passport number; (iii) financial account number; (iv) credit, debit or other payment card number (unless you are a seller in the ProducerDJ Marketplace); (v) security code or password; (vi) medical information; or (vii) health insurance information. If you collect such information, you do so at your own risk, and in no event shall Producer Dojo be liable for any losses, damages, claims or otherwise arising out of related to your collection of such information, whether arising in tort (including negligence), contract or any other legal theory, including without limitation, any such information in the care, custody or control of Producer Dojo.
(i) Monitoring and Enforcement; Termination: We have the right to:
- Remove or refuse to post any contributions for any or no reason in our sole discretion.
- Take any action with respect to any contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such contribution violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or Service or the public, or could create liability for Producer Dojo.
- 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 Site or Service.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of the Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities, social service agencies or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PRODUCER DOJO 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 SUCH PARTIES, LAW ENFORCEMENT AUTHORITIES, SOCIAL SERVICE AGENCIES OR COURTS.
However, we cannot and do not undertake to review all content, products or other material before it is posted on the Site and cannot ensure prompt removal of objectionable content, products or other 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, member, seller or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- PROPRIETARY RIGHTS
- Generally: The Site and Service, including all of the contents, such as text, images, audio, and the HTML used to generate the pages (collectively, "Content"), are the property of Producer Dojo or that of our sellers, members, users, suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Notwithstanding the foregoing, you retain ownership of User Content and User Product, and may use in perpetuity any downloadable materials provided to you as part of the Service. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from the Site in whole or in part, for any public or commercial purpose without the specific written permission of Producer Dojo. Except as otherwise provided herein, use of the Site or Service does not grant you a license to any Content, features or materials you may access on the Site or through the Service. As between you and Producer Dojo (or any other entity whose marks appear on the Site), Producer Dojo (or the respective entity) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site, unless otherwise indicated. In particular, the Producer Dojo logos and service names are trademarks of Producer Dojo (the "Producer Dojo Marks"). Without Producer Dojo's prior written permission, you agree not to display or use the Producer Dojo Marks in any manner. Nothing on the Site or in the Service should be construed to grant any license or right to use any Producer Dojo Mark without the prior written consent of Producer Dojo. Producer Dojo Marks may be registered in the United States and internationally.
- Producer Dojo Downloads: The contents of the Producer Dojo downloads are licensed, not sold to you, by Producer Dojo. Ownership remains with Producer Dojo. Copying, duplication, lending or re-selling of the Producer Dojo products or their contents, in whole or in part, are strictly prohibited. This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period. The license is non-transferable. You cannot electronically transfer the sound samples or place them in a time-sharing platform, a file sharing platform (e.g., Dropbox), a service bureau operation or a computer/sampler network. Neither the producer, nor Producer Dojo, can be held responsible for any direct or indirect consequential loss arising from the use of the products in whatever form. All rights of the producer and the owner of the work are reserved. Unauthorized duplication of Producer Dojo downloads is a violation of applicable laws. You may use the Producer Dojo Download sounds in your own musical production royalty free. You may not use the sounds in the creation of other sample packs. All purchases are sent as a download link via e-mail. Sample pack and preset pack downloads should be sent immediately. If you do not receive your link right away, check your spam filter to make sure it has not been sent there. If you still don’t see your link, please email our support team at [email protected] with your order information and we will resend you the link. FOR VOCAL PACKS: Most of the time, the vocalists have requested that you NOT use their name when releasing your tracks. When in doubt, please read the license agreement in the pack or try to reach out to the vocalist to ask for their preference.
- SERVICE FEES PAYMENT AND REFUND POLICY
(a) Payment Generally; Taxes: In consideration of the right to access and use the Service, you agree to pay the applicable fees in U.S. dollars ("Service Fees") as indicated on the Site. Service Fees are billed in advance on a monthly basis and are subject to the Producer Dojo Refund Policy (see below). A valid credit card is required for paying the Service Fees. If you sign up for a paid subscription plan, you will be billed immediately for the first month of access to the Service. All Service Fees are exclusive of all sales, excise or use taxes, or any levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding taxes on the income of Producer Dojo. Service Fees are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site, or by e-mail.
(b) Upgrades and Downgrades: If you elect to upgrade your subscription, you will be billed a prorated amount immediately upon upgrading. For any upgrade, your credit card will be charged the difference between the price of the upgraded plan and the prorated credit left from the old plan, as allocated by the number of days remaining in the Account billing cycle. Your Account will be billed monthly thereafter for the amount of the upgraded plan. For any downgrade, your credit card that you provided will automatically be charged the amount of the downgraded plan immediately, and your billing cycle will be set to the current date. Downgrading your Service may cause the loss of content, features, or capacity of your Account. Producer Dojo does not accept any liability for such loss. You are solely responsible for properly canceling your Account in order to terminate recurring charges to your credit card.
(c) Refund Policy: Unless a money back guarantee is offered prior to purchase, all sales and transactions are final. There will be no refunds or credits of Service Fees (i) for partial months of Service access, (ii) as a result of any upgrade or downgrade of the Service, or (iii) for any period of time during which you do not use the Service, but have not cancelled your Account. Producer Dojo reserves the right, in its sole discretion, to make exceptions based solely on its judgment and in extraordinary circumstances.
- MONEY BACK GUARANTEE – TERMS AND CONDITIONS
(Applicable only if a Money Back Guarantee is offered for your Producer Dojo Product or Service. Not applicable for products sold in the ProducerDJ Marketplace.)
Terms of Money Back Guarantee for Monthly-Billed Memberships. For monthly billed memberships with a Money Back Guarantee, if you cancel within the time period of your Money Back Guarantee (as detailed in the offer for your Service, and defined here as the "Money Back Guarantee Monthly Term"), you will receive a full refund of the amount you paid. However, if you cancel your membership after the Money Back Guarantee Term, you will not be eligible for a full or prorated refund of your current month's paid membership fee.
Terms of Money Back Guarantee for Annual-Billed Memberships. For annual billed memberships with a Money Back Guarantee, cancellations taking place within your first thirty (30) days of membership, or within the first thirty (30) days after your annual membership renewal (or otherwise as detailed in the offer for your Service), are eligible for a full refund of that year's paid membership fee. All cancellations taking place more than thirty (30) days after you make any annual membership fee payment are not eligible for a full or prorated refund of that year's paid membership fee.
- CHANGES TO THE SERVICE; ENSURING SERVICE QUALITY
(a) Changes to the Service: Producer Dojo reserves the right to make changes to the Site and Service, at any time, with or without providing notice to you. In the event you do not agree with any changes to the Site or Service, your only remedy shall be to cease using the Site or Service or terminating your Account. Producer Dojo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
(b) Ensuring Service Quality: Producer Dojo reserves the right to throttle, traffic shape or otherwise restrict your use of the Service on a temporary or permanent basis if in our judgment such actions are necessary to ensure the quality of the Service for all of our customers (e.g., because of excessive bandwidth use). By using the Service, you acknowledge and agree that throttling thresholds may be applied by Producer Dojo in our sole discretion. In addition, and without limiting your obligations under the Agreement, you agree not to and not to attempt to: (i) use the Service to access any resources not assigned to you by us; and/or (ii) perform any form of network discovery, load testing or penetration testing with respect to the Service without explicit written permission from Producer Dojo.
(c) Suspension or Termination of Use Rights: Producer Dojo may suspend or terminate your right to use the Service for any reason or no reason upon notice to you. Producer Dojo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Such termination of the Service will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all information in your Account. Producer Dojo reserves the right to refuse service to anyone for any reason at any time.
- LINKS FROM AND TO THE SITE
Producer Dojo reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third party websites ("Linked Sites") from the Site. Linked Sites are not, however, reviewed, controlled or examined by Producer Dojo in any way and Producer Dojo is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Producer Dojo's endorsement of, or association with, the Linked Sites. In no event shall Producer Dojo be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
- DISCLAIMER OF WARRANTIES
THE SITE, SERVICE AND CONTENT ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND PRODUCER DOJO MAKES NO WARRANTY THAT THE SITE, SERVICE OR CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, PRODUCER DOJO HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SERVICE AND CONTENT, OR THE AVAILABILITY OF THE SITE, SERVICE OR CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND SERVICE RESTS WITH YOU. PRODUCER DOJO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE AVAILABILITY WILL BE UNINTERRUPTED, OR THE SITE, SERVICE AND/OR THE CONTENT WILL BE ERROR FREE.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT PRODUCER DOJO SHALL NOT BE LIABLE TO YOU FOR (I) ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE EXCEEDING THE GREATER OF $100 OR THE SERVICE FESS YOU HAVE PAID TO PRODUCER DOJO DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, OR (II) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF PRODUCER DOJO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
- INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Producer Dojo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Site or Service, including, but not limited to, your User Content or User Product, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Site.
- TERMINATION
(a) Termination by You: You may terminate your Account at any time.
(b) Suspension or Termination by Producer Dojo: Producer Dojo, in its sole discretion, has the right to suspend or terminate your Account and your access to the Service, for any reason at any time, including without limitation for any violation of these Terms and Conditions.
(c) Consequences of Termination: Any termination of your Account will result in the deletion of your Account and its User Content or User Product, and the termination of your access to the Site and Service.
- RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
- GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- COPYRIGHT INFRINGEMENT
If you believe that any content on the Site violates your copyright, please send us a notice of copyright infringement at [email protected]. It is the policy of Producer Dojo to terminate the user accounts of repeat infringers.
- YOUR COMMENTS AND CONCERNS
This website is operated by Treasurehead, LLC, a/k/a Producer Dojo, 1621 Central Avenue, Cheyenne WY 82001.
All notices of copyright infringement claims should be sent to [email protected].
All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: [email protected].
- GENERAL
These Terms and Conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms and Conditions supersede all prior or contemporaneous discussions, proposals and agreements between you and Producer Dojo relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms and Conditions will be effective unless in writing and signed by an authorized officer of Producer Dojo. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Producer Dojo may be implied from any actions or failures to enforce rights under these Terms and Conditions. These Terms and Conditions are intended to be and are solely for the benefit of Producer Dojo and you and do not create any right in favor of any third party. These Terms and Conditions will be governed by and construed in accordance with the laws of the United States and the State of Hawaii, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms and Conditions will be submitted to the exclusive jurisdiction of a state court of competent jurisdiction located in Honolulu County, Oahu Island, Hawaii, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue. All notices must be in writing and will be effective three (3) days after the date sent.
Additional Terms and Conditions for Producer DJ Marketplace Purchasers:
Third-Party Links: Certain content, products and services available in the Producer DJ Marketplace include materials from third-parties. Third-party links on the Producer DJ Marketplace portion of the Producer Dojo site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Producer DJ Marketplace may include content provided by third parties, including materials provided by other producers, artists, customers, members, users, bloggers, and third-party vendors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Producer Dojo, are solely the opinions and the responsibility of the person or entity providing those materials. The materials do not necessarily reflect the opinion of Producer Dojo. 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.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party vendors. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party vendors should be directed to the third-party vendors.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Producer DJ Marketplace. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we and our third-party vendors can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place through the Producer DJ Marketplace. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Optional Tools
Through the Producer DJ Marketplace, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
If you become a Vendor on the Producer DJ Marketplace, you will be subject to the following Vendor Terms and Conditions:
Fees for Selling on the Producer DJ Marketplace: If you make any sales on the Producer DJ Marketplace, we will automatically deduct and keep 10% of the gross order total for the products (e.g., sample pack) or services (e.g., lessons).
Vendor responsibilities: As a vendor on the Producer DJ Marketplace, you are responsible for:
o All tech and customer support for your products & services
o All shipping costs and fulfillment for any product sold
o Collecting and paying any taxes associated with making sales through the Producer DJ Marketplace. Producer Dojo will issue 1099-K forms to certain Vendors to comply with IRS and state requirements.
o Having applicable terms and conditions and policies (i.e., refund or return policy, privacy policy, etc.)
o Compliance with all of the foregoing Terms and Conditions
o Compliance with all laws and regulations applicable in your state