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Privacy

Who We Are

DEEP HOUSE LOUNGE LLC (the “Company”) has created this Privacy Policy in order to demonstrate our firm commitment to protecting your personal information.

The following discloses our information gathering and dissemination practices relating to the website located at deephouselounge.com and related mobile applications and other services that we may make available from time to time to users (together, the “Services”). We will not share your personal information with anyone except as described in this Privacy Policy. By using the Services, you consent to the collection and use by us of any personal and other information you provide while using the Services in accordance our Privacy Policy (this “Privacy Policy”). If you do not agree to the Privacy Policy, please do not use the Services.

If you have any questions about how we collect, store and use your personal information and data please contact us as follows or in order to access or correct your personal information e-mail us: [email protected]

The Services

Through the Services, you may view information and content that is owned, licensed, or provided by the Company, its parent companies, subsidiaries and affiliates. The Services may also include files, audio broadcasts, information and services provided by third parties and distributed by virtue of a license, grant or some other form of agreement with DEEP HOUSE LOUNGE LLC.

Using the Services

You can listen to streaming audio and use some of the Services without providing any personal or individually identifiable information. You may also be able to set the security settings on your browser to prevent certain tracking and logging features. If you do that, the Services may be less functional for you.

There are times when you may choose to give us personally identifiable information about yourself. For example, you may wish to register, enter and view information, enter into transactions, receive e-mails from us, participate in discussions, preview new streams, download music files or participate in special promotions. If you register to use the Services or if you conduct transactions through the DEEP HOUSE LOUNGE LLC.com website or any related applications, we will collect information about the transactions you engage in and your other activities. We need certain information from you to register you, authenticate you and process your registration information and transactions.

Kinds of Information We Collect

We may collect information that you voluntarily give us, as well as location-based information and site visitor data as described below.

Personally Identifiable Information

In order to take advantage of certain features, you may be asked to provide personally identifiable information about you that would enable someone to contact you directly. Personally identifiable information includes your e-mail address, name, postal/mailing address, telephone numbers, social security number, shipping and billing addresses, or persistent identifier (such as a customer number held in a cookie) which is associated with personally identifiable information, as well as other information, that you may provide voluntarily. We collect such personally identifiable information that you give us so that we may:

  • provide you with information about the Services;
  • stream music and deliver audio files to your computer, tablet, or handheld device;
  • tell you about products and services and provide information to our third party marketing partners, subject to this policy;
  • notify you about new features available through the Services;
  • respond to your requests for information;
  • process survey results and other data you provide;
  • process contest entries;
  • process online purchases and payments;
  • filter the products and information we offer; and
  • open, maintain, and administer user accounts.

We will use the personally identifiable information we collect to provide you with specific information and services that you request, and with additional information and services that may be of interest to you. By providing your personally identifiable information, you fully understand and consent to the collection and processing of such information in the United States of America. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. While we strive to protect our user’s personal information and privacy, we cannot guarantee the security of any information you disclose online, and you do so at your own risk.

We may also collect non-personal information such as your IP address and use ‘cookies’ on the website. The information obtained from collecting IP addresses and using ‘cookies’ is not personal information about you. For more information, please read the sections on IP addresses and cookies below.

Location-Based Information

We may collect information relating to your general location based on (1) information you manually provide, (2) the IP address of your computer, (3) Global Positioning System (GPS) information sent to us by your GPS-enabled device, and (4) the proximity of your computer, tablet, mobile wireless device, personal digital assistant, personal communication system, or other communications device (your “Personal Communication Device”) to the nearest radio tower or cell site. We may also be able to detect when your Personal Communication Device is activated as well as when and how you are using it. DEEP HOUSE LOUNGE LLC may collect data to verify the information you provide manually and to provide you with location-based content and advertising. We may associate Personally Identifiable Information with location-based information provided by you or your Personal Communication Device solely for our internal use and to improve your experience with the Services.

Site Visitor Data

Site visitor data is information about the way a website is used that is not associated with an individual’s identity. We use anonymous data regarding online behavior to better understand how people use our Services. To that end, we may use aggregated, anonymous online traffic behavior along with information from third parties to track usage trends and thereby improve the Services. We may also use this aggregated, anonymous information to develop reports that we may share with third party marketing partners and affiliates. The kind of information we may collect includes:

  • the date and time you access the Services;
  • your internet service provider, mobile carrier, or data services provider;
  • your Internet Protocol (IP) address;
  • the pages you visit;
  • the links you click;
  • the features used;
  • how and when you interact with the services;
  • the content, music, and advertisements you select; and
  • how you arrived at the Services and where you go when you leave.
  • Your email if you choose to give it to us.

Most site visitor data is collected using data collection tools such as web beacons, cookies, embedded web links and other software (together, “Data Collection Tools”). Data Collection Tools are typically small data files or software that are sent to your browser and stored on your computer’s or mobile device’s hard drive. Most browsers and display software can be set to inform you when Data Collection Tools are being used or other tracking software is being sent to your computer or Personal Communication Device. They also provide you with the option of refusing such Data Collection Tools. However, refusing to allow the use of Data Collection Tools may, in some cases, preclude you from using, or negatively impact the display or function of, certain areas or features of the Services, including preventing you from purchasing products.

Data Collection Tools may store the information in your shopping cart and allow us to relate your use of the Services to other information about you, including your Personal Information. We may do this to improve and personalize your experience with the Services and help resolve problems you experience through your use of the Services.

Disclosure of Information

DEEP HOUSE LOUNGE LLC will not release any personally identifiable information to third parties without your consent except as follows:

  • By providing us your personally identifiable information grants DEEP HOUSE LOUNGE LLC, the right to use such information for the provision of Services to you and for the benefit of DEEP HOUSE LOUNGE LLC without restrictions for the purposes that include, without limitation, research, marketing, and content, product and lead development.
  • DEEP HOUSE LOUNGE LLC may share information we collect with our business and third party marketing partners. If we share your information, we will request that such third parties treat your information in accordance with this Privacy Policy and refrain from disclosing or using your personally identifiable information for purposes other than for the provision of Services to you or for the benefit of DEEP HOUSE LOUNGE LLC. DEEP HOUSE LOUNGE LLC does not provide personally identifiable information to unaffiliated third parties for use in marketing directly to you. To the extent required, you hereby authorize this use of your personally identifiable information.
  • We may disclose information we collect, including personally identifiable information, to third parties as required or permitted by law. For example, we may disclose information:
    • to regulators;
    • to law enforcement authorities pursuant to an official request;
    • to financial institutions pursuant to the Services;
    • to vendors who provide us with services; and
    • to companies that may acquire part or all of DEEP HOUSE LOUNGE LLC or an affiliated company.

When you provide us information pursuant to a transaction on or through the website, such as paying rent or making a service request, you agree to the disclosure of any information you provide for the purpose of executing the transaction or fulfilling the request, as the case may be. DEEP HOUSE LOUNGE LLC is not responsible for the protection of the information you provide to other websites. You should be aware that when you voluntarily disclose personally identifiable information through other applications and websites, such information can be collected and used by others and may result in unsolicited communications.

Advertising

We may use third-party companies to serve ads and provide content through the Services. These companies may use cookies and other Data Collection Tools that are not sent by us to learn about your use of the Services and other websites and apps in order to present personalized advertisements and other messages that may be of interest to you. DEEP HOUSE LOUNGE LLC is not responsible for such cookies and tracking software.

DEEP HOUSE LOUNGE LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

DEEP HOUSE LOUNGE LLC is a participant in the Google Adsense program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by displaying ads on our website.

Commercial Transactions

Circumstances may arise where, whether for strategic or other reasons, we decide to sell, buy, merge or otherwise reorganize our business. Such a transaction may involve the disclosure of personally identifiable information to prospective or actual purchasers or joint venture partners, or the receipt of it from sellers. It is our practice to seek appropriate protection for information in these types of transactions.

Information Security

Whenever you enter an area of the site that carries or requires you to enter sensitive information such as your credit card details, a padlock icon will appear in the address bar of your browser, indicating that the page is secure. DEEP HOUSE LOUNGE LLC uses the Secure Sockets Layer (SSL) and Private Communications Technology security standards that are supported by Microsoft Internet Explorer 4.0 or later and other popular browsers. SSL encodes your personal information by encrypting credit card number, name, address, phone number, identification number and your password so that they cannot be read by unauthorized parties. While we may provide encryption technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

DEEP HOUSE LOUNGE LLC may implement certain physical, technological and managerial procedures to safeguard the personally identifiable information we collect. However, these procedures do not guarantee that the information will remain secure against theft or misuse.

Communications

From time to time, DEEP HOUSE LOUNGE LLC and its affiliates may communicate with you regarding your transactions and the administration of your account, current projects, special offers, invitations to events, offers for services, new product previews and updates to the Services, press releases and announcements concerning the services we provide, contests and sweepstakes, as well as important changes in our Privacy Policy. By providing us with your e-mail address and/or your mobile phone number, you consent to receiving such communications. If at any time you decide for any reason that you no longer wish to receive such communications, you may “opt out” of receiving them by using one of the following methods:

  • Select the “opt out” or “unsubscribe” link, or follow the opt-out instructions that may be included in such communication.
  • Where applicable, return to the web page(s) or service where you originally registered your preferences and follow the opt-out instructions.
  • E-mail us at [email protected]. Be sure to provide your name, e-mail address, and postal address, and specific relevant information about the particular service you no longer wish to receive.

Please be aware that when you opt out of receiving communications, it may affect the services you have chosen to receive from us where accepting the communications is a condition of receiving such services. By registering as a user or entering or participating in challenges through the website, you consent to receiving administration and related communications.

Hyperlinks and Referrals

Other websites accessible through the Services (through hyperlinks, advertisements or otherwise) have their own privacy policies and data collection, use and disclosure practices. Please consult their terms and conditions and privacy policies prior to use. We do not, even periodically, review the privacy policies or terms of use of third parties and we are not responsible or liable for their privacy practices, availability or reliability of the services they may provide, or the accuracy or completeness of their content.

Children’s Privacy

We do not knowingly collect or distribute personally identifiable information from children under the age of 13. If you are the parent or guardian of a child under the age of 13 and believe that we have collected personally identifiable information contrary to this policy or, in the United States, the Children’s Online Privacy Protection Act (COPPA), please contact us by e-mail so that we may delete such information.

Transfers

DEEP HOUSE LOUNGE LLC will obtain assurances from its affiliates that they will safeguard personal information consistently with this Privacy Policy. If we learn that an affiliate is using or disclosing personal information in a manner contrary to this Privacy Policy, we will take steps to prevent or stop the use or disclosure.

Effective Date

This Privacy Policy is effective as of May 1, 2010. We reserve the right to change this Privacy Policy at any time. If we change it, we will post the then-current Privacy Policy on this page. Any changes to this Privacy Policy will be effective as of the day they are posted.

Contact Us

It is important for us to know what visitors have to say about our Services. To contact us with your questions or comments please email us at [email protected].

Terms of Service

DEEP HOUSE LOUNGE LLC is an independent online electronic dance music radio station. By visiting deephouselounge.com (the “Website”), or using any features offered through the Website or any affiliated applications, tools or features accessible by computer or handheld device (together, the “Services”) you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures instituted from time -to-time (these “Terms of Use”). These Terms of Use are between you and Deephouselounge Group, Inc. (“Deephouselounge” or the “Company”), the owner of the Services. When used in these Terms of Use, “we”, “us” and “our” mean Deephouselounge.

Your use of the Services constitutes your acceptance of these Terms of Use. Furthermore, you acknowledge that the Services may include certain elements which allow deephouselounge proprietary software to be downloaded to your computer. This software may interact with other programs on your computer or handheld device and our servers.

These Terms of Use apply to the Services currently offered by Deephouselounge as well as Services that may be offered in the future. Deephouselounge reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, hours of availability, and software needed for access or use. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to any user whose use of the Services has been suspended or revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, a parent or guardian. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use. Deephouselounge reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

Content

Deephouselounge may present you with streaming audio files, listening tools, information, content and features including but not limited to track lists, biographical information, images, product information, time stamps, software applications, advertisements, graphics, video and audio files, calendars, programs, code and various tools and features for downloading, listening to and managing audio content; the Services may also include third party materials, software, features and information made available to you by virtue of a license, grant or some other form of agreement (collectively, “Website Content”). Deephouselounge is not responsible for inaccurate information provided through the Services, makes no representations as to the quality, accuracy or completeness of Website Content and does not assume any liability for any loss that may result from the reliance by any person upon any Website Content provided on or through the Services.

The Services and Website Content are made available for your personal, non-commercial use only. If you wish to make commercial use of the Services or Website Content, you must first enter into a written agreement with Deephouselounge. Please contact us at [email protected] for more information.

Membership and Posting

You may register for membership by providing personal information, custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to sign up for contests, comment on, post, transmit or submit messages, commentaries, reviews, ideas, concepts, techniques, know-how and other information and materials, which may include (without limitation) entering data, uploading information, links, documents, images and files, participating in discussions, engaging with other users and providing Profile Information, submitting opinions and reviews and engaging other users of the Services (collectively, and together with Profile Information, “User Generated Content”). When you submit, publish, post or display User Generated Content on or through the Services by creating a profile, connecting with other users, posting materials or participating in interactions with third parties, you agree to comply with these Terms of Use. For purposes of these Terms of Use, Content shall include User Generated Content and Website Content.

Content and Services

Deephouselounge does not endorse or have any control over User Generated Content submitted by you or others, and accepts no responsibility whatsoever in connection with or arising from Content owned or posted by any third party. User Generated Content submitted through the Services is not necessarily reviewed by Deephouselounge prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any User Generated Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate User Generated Content and (c) no direct control over the conduct of the user submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any User Generated Content, or any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including without limitation information and data posted or accessible through the Services by you. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Deephouselounge shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or published, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

You may have the ability to send (by e-mail or otherwise) messages directly to Deephouselounge or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by Deephouselounge or third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

Ownership and Use of Content

Except as otherwise set forth herein, as between you and Deephouselounge, all Website Content is owned by Deephouselounge and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Website Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Website Content, including, without limitation, framing the Website Content within another website, is expressly prohibited without the prior written permission of Deephouselounge. Please contact us at [email protected] with any licensing inquiries.

Deephouselounge does not assert ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you, provided that Deephouselounge reserves the right to aggregate and collect data entered by users through the Services in its sole discretion. By providing information or posting User Generated Content on or through the Services, you hereby grant Deephouselounge a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and create derivative works from any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof.

Notwithstanding anything herein to the contrary, Deephouselounge shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Deephouselounge’ terms of service as set forth in any additional terms and conditions relating to specific products, features or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any third party for our use of any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content. By registering for or using the Services, you waive all rights to any claims against Deephouselounge for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Generated Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to Deephouselounge the rights, title and interest described herein in to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company and its licensees from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by any party against the Company in connection with your User Generated Content.

Furthermore, you agree to release Deephouselounge, its parents, partners, contractors, licensees and affiliates together with their respective employees, agents, officers, directors, and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Deephouselounge of Content provided by you. If at any time you are not happy with the Services or you object to any Content, your sole remedy is to cease using them.

Advertisements and Third Party Materials

From time to time, we may incorporate advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Third Party Materials, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any third party. We do not always review Third Party Materials and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Materials, Deephouselounge is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials upon written request by its owner or licensor.

Limitation of Use

You agree that you will neither post nor submit any Content that:

  • is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violates the copyright, trademark or other intellectual property rights of any other person or Deephouselounge;
  • is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;
  • imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  • is for the purpose of spamming or promoting goods or services without our prior authorization;
  • is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  • contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
  • is libelous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal data about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any Website Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Deephouselounge, the Services, their users or any third party; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any third party or Deephouselounge.

Disputes

Deephouselounge reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any third party. In the event a dispute arises between you and Deephouselounge or any third party, please e-mail the Company at[email protected]. Deephouselounge will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.

Digital Millennium Copyright Act of 1998 (“DMCA”)

The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  • Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
  • The name, address, telephone number, and email address of the complaining party;
  • A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly fi led against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; seehttp://www.copyright.gov for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent c/o “legal dept deep house lounge llc” 800 N 2nd street unit 239. Philadelphia PA 19123. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Intellectual Property

Deephouselounge and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation “DEEP HOUSE LOUNGE LLC”, the Deephouselounge Radio Logo whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of the Company. Nothing herein grants you any right, title or interest in any Deephouselounge names, trade names, trademarks, service marks, taglines and logos, patents, patent applications, formulas, technology and designs (whether or not the subject of a patent application) (together, “Deephouselounge IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Deephouselounge IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Deephouselounge IP, or domain names incorporating any of the same; or (iii) incorporate any Deephouselounge IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Deephouselounge marks, names or designations by operation of law or otherwise, you will immediately upon request from Deephouselounge and at no expense to Deephouselounge assign such rights, registrations and applications to Deephouselounge.

Registration and Security

In connection with your use of the Services, you may establish or otherwise receive Deephouselounge user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Website or Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Deephouselounge, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Deephouselounge reserves the right to vigorously pursue legal actions against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Deephouselounge does not guarantee the accuracy of any information submitted by any user, nor verify any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Deephouselounge has no duty to inquire as to the authority or propriety of instructions provi ded via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Deephouselounge shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Deephouselounge harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Deephouselounge if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Deephouselounge reserves the right to block your User Codes for any reason.

For your protection, Deephouselounge may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

Purchases

You may be able to purchase a subscription for certain additional features of the Website and Services. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Deephouselounge and you agree to pay all applicable taxes. By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card number, expiration date and address), that any credit or debit card transactions are authorized, and that you are the legal holder of any credit or debit card or payment account used to enter into any transaction on or through the Services.

In the event (a) your credit card is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your credit card cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than failure by Deephouselounge to deliver the features purchased by you, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, thereby terminating all of Deephouselounge’ obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 USD, per instance, which charge you hereby authorize by entering into any transaction through the Website. In the event of a subscription service, the credit card on file for your account will be billed automatically depending on the original Agreement between you and Deephouselounge. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (x) you notify Deephouselounge within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Deephouselounge directly, and such efforts have failed.

Refunds

You agree that refunds are not given for any charges whatsoever.

Minors

Deephouselounge does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes.

Availability

Not all of the Services are available in all geographic areas, and the Company reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country. The Service is controlled, operated and administered by the DEEPHOUSELOUNGE LLC from our studio and offices in Philadelphia, PA USA. If you access DEEPHOUSELOUNGE (the service) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DEEPHOUSELOUNGE radio service, accessed through DEEP HOUSE LOUNGE LLC.com, iSO App, Android app, or any other third-party apps, in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

NO WARRANTY

THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES.

TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.

NO LIABILITY

Deephouselounge shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Use.

IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS LICENSEES OR SUPPLIERS LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ASPECT OF THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE SERVICES OR CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEEPHOUSELOUNGE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES, OR THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DEEPHOUSELOUNGE IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless Deephouselounge and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Deephouselounge IP or other right of Deephouselounge or any third party. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim.

Term and Termination

These Terms of Use shall commence when you first visit the Website or use any feature incorporated into the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for a ny reason at any time, in our sole discretion. Deephouselounge may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in our sole discretion. Without limiting the foregoing, Deephouselounge has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Deephouselounge, in its sole discretion, considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Deephouselounge or any user. If your use of the Services is terminated, you will no longer be authorized to access any Deephouselounge Websites or applications, or use any of the features we offer. Without limiting any other rights of Deephouselounge hereunder, you understand and acknowledge that Deephouselounge, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes

The Services and these Terms of Use are subject to change and updating by Deephouselounge and our affiliates, licensees, partners, agents and representatives at any time without prior notice. Changes may include superseding terms of use. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME-TO-TIME TO BE AWARE OF ANY CHANGES. Your continuing use of any Deephouselounge services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Applicable Law; Jurisdiction

Persons who access the Services do so at their own initiative, and are responsible for compliance with applicable laws and regulations. The laws of the State of Pennsylvania will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in Philadelphia, PA Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the deephouselounge IP.

General

These Terms of Use set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by your internet service provider. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.

The Services are provided by DEEP HOUSE LOUNGE LLC Copyright 2010, DEEP HOUSE LOUNGE LLC.. all rights reserved.