D-Rom

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Effective as from 1 June 2011

This document (the Agreement) is a legally binding agreement between you and D-Rom Limited, a company registered in the UK under number 4214152 (D-Rom) that governs your use of D-Rom’s online Streaming and Download Service (as defined below), both available at the D-Rom Website as defined in the D-Rom Privacy Policy. The D-Rom Service can be accessed as an ad-supported free-to-the-user service (the Free D-Rom Service), and via the purchase of individual music tracks and full length dance mixes, jointly referred to as the D-Rom Download Service. The Free D-Rom Service and the D-Rom Download Service are collectively referred to as the D-Rom Service. Please note that you must read and agree to the terms and conditions of this Agreement before you use the D-Rom Service.

By ticking the I agree box or pressing the I Accept button when creating a D-Rom account or by using the D-Rom Service, you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parents or guardians consent to enter into this Agreement, that you are resident in one of the countries in which D-Rom provides the D-Rom Service, that any registration information that you submit to D-Rom is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the D-Rom Privacy Policy. You also hereby agree to termination of any previous D-Rom Terms and Conditions agreed with D-Rom Limited, a company registered in the UK under number 4214152 (D-Rom Ltd).

1. Changes to the Agreement

D-Rom may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the D-Rom Service after such notification of changes to this Agreement will constitute your acceptance of such changes.

2. Grant of license

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the D-Rom Service and to receive by stream, and where applicable via the D-Rom Download Service, by download the media content made available through the D-Rom Service. Your rights under this Agreement are not transferrable.

3. The D-Rom Download Service

If you access the D-Rom Download Service the applicable fee for your purchases will be charged by the company designated by D-Rom in accordance with the payment method you have chosen. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the D-Rom Websites may be subject to VAT (where applicable) and other applicable taxes and fees. D-Rom accepts a variety of different payment methods, so please check the D-Rom Websites for the best way for you to pay.

4. Minimum Purchase

If you access the D-Rom Download Service you agree to purchase a minimum of 15 single downloads or 3 dance mixes, or any combination of single and dance mix downloads to a total expenditure of £14.99 in the following 12 month period. Failure to purchase the agreed minimum will result in the termination of your access to the D-Rom Download Service.

5. Automatic renewal

Your access to the D-Rom Download Service will automatically renew at the end of each 12 month period providing you have satisfied the minimum purchase requirements.

6. Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

copy, reproduce, rip, record, make available to the public or otherwise use any part of the D-Rom Service, or its content (including but not limited to tracks, images, videos and text) in a manner not expressly permitted under this Agreement;
sell or attempt to sell any invite to access the D-Rom Service, or resell any code used to access the D-Rom Service;
provide your password to any other person or use any other person's user name and password;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the D-Rom Service or any part thereof;
circumvent any technology used by D-Rom, its licensors, or any third party to protect content accessible through the D-Rom Service;
rent or lease any part of the D-Rom Service;
use the D-Rom Service in a way that violates the terms of this Agreement;
circumvent any territorial restrictions applied by D-Rom;
artificially manipulate the D-Rom Service by using a script or other automated process;
import any local files which you have not legally acquired into the D-Rom Service; and

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the D-Rom Service and its content.

7. Advertising

As consideration for your rights under this Agreement, you agree that D-Rom and its business partners have a right to provide advertising and other information to you in relation to the D-Rom Service.

8. Customer support

If you have any questions concerning the D-Rom Service or this Agreement, please contact D-Rom customer service by visiting the help section.

9. Term and termination

This Agreement will become effective in relation to you when you have ticked the I agree box when creating a D-Rom account or when you start using the D-Rom Service and will remain effective until terminated by you or D-Rom. D-Rom reserves the right to terminate this Agreement or suspend your D-Rom account at any time in case of unauthorized, or suspected unauthorized use of the D-Rom Download Service whether in contravention of this Agreement or otherwise. If D-Rom terminates this Agreement, or suspends your D-Rom account for any of the reasons set out in this section, D-Rom shall have no liability or responsibility to you, and D-Rom will not refund any amounts that you have previously paid.

10. No warranty

The use of the D-Rom Service (including but not limited to its content) is at your own risk. The D-Rom Service is provided on an as is and as available basis. To the fullest extent possible under applicable law, D-Rom gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the D-Rom Service. In addition, D-Rom does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the D-Rom Service or any hyperlinked website, or featured in any banner or other advertising. Consequently D-Rom will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the D-Rom Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from D-Rom shall create any warranty on behalf of D-Rom in this regard.

11. Limitation of liability

In no event shall D-Rom, its affiliates, officers, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the D-Rom Service (including but not limited to its content), even if you have advised D-Rom about the possibility of such loss, and including any damages resulting there from.

Your only right with respect to any problems or dissatisfaction with the D-Rom Service is to stop using the D-Rom Service.

Nothing in this Agreement removes or limits D-Rom’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

12. Indemnity

You agree to indemnify and hold D-Rom and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

13. Intellectual property

D-Rom respects intellectual property rights, and expects you to do the same. Please note therefore that the D-Rom Service and the content provided through the D-Rom Service is the property of D-Rom or D-Rom's licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the D-Rom Service (including but not limited to its content) in any manner not covered by the Agreement.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the D-Rom Service.

14. Technology limitations and modifications

D-Rom will make reasonable efforts to keep the D-Rom Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. D-Rom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the D-Rom Service with or without notice.

15. Privacy

You agree that D-Rom has a right to collect and process your personal information in accordance with the D-Rom Privacy Policy.

16. Assignment by D-Rom

D-Rom may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

17. Entire agreement

This Agreement together with the D-Rom Privacy Policy (the “Agreements”), constitutes all the terms and conditions agreed upon between you and D-Rom and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to D-Rom are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by D-Rom not contained in this Agreement.

18. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

19. Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the United Kingdom.

20.Google Adds to Subscribers of The D-ROM service must adhere to googles Adsense T&C

Subscribers to d-rom service agree to the online AdSense Terms and Conditions are required to adhere to the following policies, so please read them carefully. If you fail to comply with these policies without permission from Google, we reserve the right to disable ad serving to your site and/or disable your Subscription account at any time. If your account is disabled, you will not be eligible for further participation in D-ROM PLAY SERVICE SUBSCRIPTION .

Because we may change our policies at any time, please check here often for updates. Pursuant to our online Terms and Conditions, it's your responsibility to keep up to date with, and adhere to, the policies posted here. Exceptions to these policies are permitted only with authorisation from Google.

Invalid Clicks and Impressions

Subscribers may not click their own ads or use any means to inflate impressions and/or clicks artificially, including manual methods.

Clicks on Google ads must result from genuine user interest. Any method that artificially generates clicks or impressions on your Google ads is strictly prohibited. These prohibited methods include, but are not limited to, repeated manual clicks or impressions, automated click and impression generating tools and the use of robots or deceptive software. Please note that clicking your own ads for any reason is prohibited.

Encouraging Clicks

Subscribers may not ask others to click their ads or use deceptive implementation methods to obtain clicks. This includes, but is not limited to, offering compensation to users for viewing ads or performing searches, promising to raise money for third parties for such behaviour or placing images next to individual ads.

In order to ensure a good experience for users and advertisers, publishers participating in the AdSense programme may not:

Compensate users for viewing ads or performing searches, or promise compensation to a third party for such behaviour.
Encourage users to click the Google ads using phrases such as "click the ads", "support us", "visit these links" or other similar language.
Direct user attention to the ads