Terms of Use and Privacy Policy for DJ Jimmy Nitro Website
Welcome to the DJ Jimmy Nitro website, operated by Jimmy Nitro based out of New Jersey. By accessing or using the website, you agree to be bound by these Terms of Use and Privacy Policy. Please read these carefully before using the site.
Terms of Use:
Privacy Policy:
TRADEMARKS:
All trademarks including, DJ JIMMY NITRO, the DJ JIMMY NITRO, and DJ JIMMY NITRO logos, and any other product or Site name, logo, or slogan used by DJ JIMMY NITRO, and the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of DJ JIMMY NITRO, and may not be used in whole or in part in connection with any product or Site that is not DJ JIMMY NITRO’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DJ JIMMY NITRO, without our prior written permission.
All other trademarks referenced in the Site are the property of their respective owners. Reference on the Site to any products, Sites, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
THIRD-PARTY CONTENT:
The Site may provide links to other websites or resources. You acknowledge and agree that DJ JIMMY NITRO does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that DJ JIMMY NITRO shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials. Access and use of External Materials, including the information, materials, products, and Sites on or available through External Materials is solely at your own risk.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or Sites on the Site, including payment for or delivery of such goods or Sites and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that DJ JIMMY NITRO shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.
IDEA SUBMISSION:
If you elect to provide or make available to DJ JIMMY NITRO any suggestions, comments, ideas, improvements or other feedback relating to the Site (“Suggestions”), DJ JIMMY NITRO shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
TERMINATION:
To the fullest extent permitted by applicable law, DJ JIMMY NITRO reserves the right, without notice and in our sole discretion, to terminate your license to use the Site (including to post User Content) and to block or prevent your future access to and use of the Site, including where we reasonably consider that: (a) your use of the Site violates these Terms or applicable law; (b) you fraudulently use or misuse the Site; or (c) we are unable to continue providing the Site to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or Sites, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of DJ JIMMY NITRO in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your account and to discontinue use of any and all parts of the Site.
For residents of the Republic of Korea, except in the case where DJ JIMMY NITRO reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, DJ JIMMY NITRO, and/or its affiliates (for instance, when providing notice harms the security of the Site), DJ JIMMY NITRO will without delay notify you of the reason for taking the relevant step.
DISPUTES:
a. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless DJ JIMMY NITRO, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners, (individually and collectively, the “DJ JIMMY NITRO Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Site, any information you post, store, or otherwise transmit in or through the Site, your violation of the rights of any third party, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the DJ JIMMY NITRO Parties of any third-party claim, and DJ JIMMY NITRO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DJ JIMMY NITRO, and you agree to cooperate with DJ JIMMY NITRO’s defense of these claims. DJ JIMMY NITRO will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
b. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SITES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY DJ JIMMY NITRO; (B) THE DJ JIMMY NITRO PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) DJ JIMMY NITRO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) DJ JIMMY NITRO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE DJ JIMMY NITRO ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, DJ JIMMY NITRO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DJ JIMMY NITRO OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DJ JIMMY NITRO OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
c. Limitation of Liability and Damages
i. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL DJ JIMMY NITRO OR THE DJ JIMMY NITRO PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM DJ JIMMY NITRO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DJ JIMMY NITRO’S RECORDS, PROGRAMS, OR SITES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DJ JIMMY NITRO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, DJ JIMMY NITRO SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
ii. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SITES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DJ JIMMY NITRO AND RECEIVED THROUGH OR ADVERTISED ON THE SITES OR RECEIVED THROUGH ANY REFERENCE SITES.
iii. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT DJ JIMMY NITRO HAS OFFERED THE SITES, MATERIALS, AND OTHER CONTENT AND INFORMATION, AND ENTERED INTO THESE TERMS OF SITE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DJ JIMMY NITRO, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DJ JIMMY NITRO. DJ JIMMY NITRO WOULD NOT BE ABLE TO PROVIDE THE SITES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
d. Applicable Law and Venue
(i) To the fullest extent permitted by applicable law, you and DJ JIMMY NITRO agree that if you are a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DJ JIMMY NITRO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DJ JIMMY NITRO.
You and DJ JIMMY NITRO agree to arbitrate any dispute arising from these Terms of Site or your use of the Site, except that you and DJ JIMMY NITRO are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of New Jersey and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and DJ JIMMY NITRO will not commence against the other a class action, class arbitration, or other representative action or proceeding.
(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Site shall be resolved by competent civil courts in New Jersey.
e. Claims
YOU AND DJ JIMMY NITRO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
QUESTIONS:
The Site is provided by LD Artist Management. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at Jacuna636@gmail.com or contact Lauren Demarco at 347-574-4590 for more information.
NOTICE FOR NEW JERSEY USERS:
New Jersey Civil Code is a set of laws and regulations that govern civil matters, such as contracts, property rights, and personal injury claims, among others. The New Jersey Civil Code can be accessed online at the New Jersey Legislature website: https://www.njleg.state.nj.us/lawsandacts/statutes/civil.html.
If you have any questions or concerns about the New Jersey Civil Code, you may contact the New Jersey State Bar Association or consult with a licensed attorney in the state of New Jersey.
New Jersey State Bar Association
One Constitution Square
New Brunswick, NJ 08901-1520
Phone: (732) 249-5000
Fax: (732) 249-2815
Email: info@njsba.com
Website: https://njsba.com/
MISCELLANEOUS:
If we fail to exercise or enforce any right or provision of these Terms, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DJ JIMMY NITRO without restriction. Any assignment attempted to be made in violation of this Terms shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 10, 12, and 13-17. The Terms, which incorporate the Privacy Policy, is the entire agreement between you and DJ JIMMY NITRO relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms made by DJ JIMMY NITRO as set forth in Section 6 above.
DJ JIMMY NITRO
Copyright © 2024 Djjimmynitro - All Rights Reserved.
LD Artist management
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