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Terms of Service Agreement


The terms and conditions stated below ("Terms of Service" or "TOS") shall at all times govern your use of any of the services, music, materials, information, and features at www.traxsource.com. Traxsource.com is hereinafter referred to as "Traxsource".

By clicking "Accept" where indicated below you (hereinafter referred to as "Account Holder") expressly agree to abide by all of the terms and conditions specified in these Terms of Service.

1.  Application.

  1. The Terms of Service shall apply to any use by Account Holder of the content and services of Traxsource whether accessed via the Traxsource website located at https://www.traxsource.com (the "Website") or via Traxsource's mobile application.
  2. Account Holder's acceptance of and compliance with these Terms of Service are conditions for Account Holder's access to all services provided by Traxsource.
  3. As long as Account Holder complies with these Terms of Service, Traxsource grants Account Holder a conditional, personal, non-exclusive, non-transferable, and revocable privilege to enter and use the Website.
  4. In connection with the use of any music and related materials downloaded by an Account Holder from Traxsource, the Account Holder will also hereinafter be referred to as the "End-User". The term "End-User" as used in this Agreement shall include disc jockeys ("DJs"). The term "personal use" shall include the use of Downloads (defined in Paragraph 4 below) by DJs as part of their disc jockey performances subject to the relevant DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 below.


2.   Site Content.
All of the services, music, materials, information, features, downloadable music files, audio samples, audio streams, software, text, images, graphics, user interface, videos, photographs, trademarks, logos, and artwork (collectively "Site Content"), including but not limited to the design, selection, arrangement, and coordination of such Site Content on the Website, is owned exclusively by Traxsource or has been licensed to Traxsource for Traxsource's use subject to these Terms of Service. As between the Account Holder and Traxsource, all Site Content is owned by Traxsource and shall be deemed to constitute the intellectual property of Traxsource and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.

3.  Restrictions.

  1. Except as expressly provided in this Agreement, the End-User shall not at any time record, reproduce, copy, transmit, retransmit, sell, rent, broadcast, distribute, publish, upload, post, publicly display, incorporate into new works, alter, perform, digitize, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Website, including but not limited to Downloads (defined in Paragraph 4 below), Materials (defined in Paragraph 5 below), or any other Site Content, without Traxsource's express prior written approval.
  2. Any Materials uploaded to Traxsource website by the Account Holder shall be subject to the terms and conditions and restrictions specified below. "Materials" shall be defined as artwork, photographs, logos, tradenames, trademarks, Artist names, Artist photographs and/or likenesses, images or image files, text, video clips and any other text, graphic, visual or audio-visual materials to be used by Traxsource. For all Materials which the Account Holder uploads to Traxsource, the Account Holder grants to Traxsource the non-exclusive right to display and digitally transmit the Materials directly to End-Users or to refrain from doing so and the right to grant these rights to third parties solely for the purpose of allowing such third parties to assist Traxsource with implementing, processing or fulfilling services involving the Materials. The Materials and any use of the Materials by Traxsource shall at all times be subject to these Terms of Service including Traxsource's Copyright and Trademarks policy, DMCA policy and privacy policy as set forth below. If the Materials provided by Account Holder to Traxsource become subject to a DMCA Infringement Notification or a trademark infringement notification, the Account Holder hereby expressly grants its consent and authorizes Traxsource to provide upon request the Account Holder's contact information to the person or entity which submitted to Traxsource the DMCA Infringement Notification or trademark infringement notification. The Account Holder hereby warrants and represents that Account Holder possesses the full right, power and authority to grant to Traxsource and its licensees the right to use the Materials and that any use of the Materials by Traxsource or any person or entity authorized by Traxsource will not infringe upon the rights of any third party including copyrights. Account Holder agrees to and does hereby indemnify and hold harmless Traxsource and its licensee(s), employee(s), attorney(s), officer(s), director(s) and/or affiliate(s) (collectively the "Indemnitees") from and against any and all loss and damage (including reasonable attorney's fees) arising out of or connected with any claim by any one or more third parties or any act by Account Holder which is inconsistent with any of Account Holder's warranties and representations herein, and Account Holder agrees to reimburse Traxsource and/or its Indemnitees on demand for any payment made by Traxsource and/or its Indemnitees at any time with respect to any liability or claim to which the foregoing indemnity applies.

4.  Limited License.
Notwithstanding the use of the terms "sell", "purchase", "order", or "buy" on the Website or in this Agreement, upon receipt of payment Traxsource shall grant to the End-User a conditional, personal, non-exclusive, non-transferable and revocable license the for End-User's personal use of each downloadable digital file containing any Site Content ("Download(s)") subject to these Terms of Service.

5.  Permitted Uses.
Under this limited license the End-User shall have the right to copy or transfer the relevant Download to any desktop computer, laptop computer, or playback device owned by End-User, and/or to a recordable medium (such as CD-R or DVD-R) for the End-User's personal use without restriction but subject at all times to the fair use provisions of the United States Copyright Act, 17 U.S.C. §107.

  1. Notwithstanding anything to the contrary stated elsewhere in this Agreement, the End-User shall be entitled to publicly perform Downloads as part of End-User's disc jockey performances, if any, provided that the End-User shall submit the playlist information for any use of Downloads as part of such disc jockey performances to the relevant performing rights society(ies) as required under applicable laws. For the avoidance of doubt, Traxsource shall not be responsible for payment of public performance royalties or phonographic performance royalties to the relevant society(ies) with respect to the End-User's use of Downloads and the End-User hereby expressly agrees to indemnify Traxsource against any third-party claims arising in connection with the End-User's use of Downloads as part of disc jockey performances.
  2. The permitted uses as stated above with respect to each Download shall also apply to any audio-visual files, label copy, description, artwork, logos and any other materials associated with the relevant Download ("Materials").
  3. The available territory(ies) for a particular Download may vary. The permitted uses apply only in those territories in which the relevant Download is available for sale as indicated on the Website.
  4. No other transfers, copies or uses of any Downloads, Materials or other Site Content are permitted. All other rights are hereby expressly reserved.


6.  Prohibited Uses.
The limited license granted by Traxsource to the End-User for the End-User's personal use of all Downloads, Materials and any other Site Content shall be subject to the following restrictions which the End-User hereby expressly agrees to comply with at all times:

  1. The End-User shall not copy or transfer any Download(s), Materials or other Site Content to any desktop computer, laptop computer, or playback device not owned or regularly used by the End-User;
  2. The End-User shall not copy or transfer any Download(s), Materials or other Site Content to a recordable medium (such as CD-R, DVD-R) which End-User distributes or sells to any third party;
  3. The End-User shall not transmit any Download(s), Materials or other Site Content to any third party via the Internet or otherwise;
  4. The End-User shall not upload any Download(s), Materials or other Site Content to any website or other medium accessible by any third party via the Internet or otherwise and the End-User hereby expressly agrees not to make any Download(s), Materials or other Site Content available to any third party through so-called "file sharing" services;
  5. The End-User shall not bundle or compile any Download(s), Materials or other Site Content for distribution or sale to any third party; the End-User shall not incorporate, interpolate, sample or combine with other copyrightable material any portion of any Download(s), Materials or other Site Content to create any new musical, visual or audio-visual works;
  6. The End-User shall not incorporate, interpolate, edit, alter, sample or combine with other copyrightable material any portion of the Downloads, Materials or other Site Content to create any derivative works;
  7. The End-User shall not engage in any unauthorized commercial use of any Download(s), Materials or other Site Content without Traxsource's express prior written permission to do so. For the avoidance of confusion, the foregoing shall not affect the End-User's ability to use Downloads in connection with professional DJ equipment such as Traktor Pro and the like or the use of Downloads by the End-User as part of their disc jockey performances subject to the relevant DJ's compliance with all applicable reporting requirements as set forth in Paragraph 5 above.
  8. The End-User shall not reverse engineer, decompile, disassemble, modify or disable any watermarking or copy protection or use limitation features or software which may be contained in any Download(s), Materials or other Site Content. Except as expressly stated above as a permitted use under this Agreement, all other non-enumerated uses of the relevant Download(s), Materials or other Site Content are prohibited and shall constitute a TOS violation. The End-User hereby agrees to indemnify, save and hold Traxsource harmless from any loss, damage or expense incurred by Traxsource resulting from any failure by the End-User to comply with the permitted use provisions of this Agreement.

7.  Filesharing Prohibition
WARNING: Traxsource uses patented third-party watermarking technology. Any Downloads which are subsequently uploaded or file-shared by the End-User will be indelibly watermarked with the original End User's IP address and/or other information. This information will be made accessible to the appropriate authorities upon request so as to support ongoing efforts to discourage copyright infringement. DO NOT UPLOAD OR FILESHARE any Downloads, Materials or other Site Content purchased or otherwise obtained from the Website.

8.  Accounts and Passwords.
To access Traxsource's services, the Account Holder must first open an account subject to the following terms and conditions:

  1. The Account Holder shall only submit accurate personal and billing information when opening the Account Holder's account. The submission of false or fraudulent information shall constitute a TOS violation.
  2. The Account Holder shall at all times remain solely responsible for all activity that occurs under the Account Holder's account.
  3. The Account Holder shall not share the Account Holder's account or the Account Holder's password with any third party. Password sharing shall constitute a TOS violation and the Account Holder hereby agrees not to use the account or password of any third party for the same reason.
  4. The Account Holder shall immediately notify Traxsource of any unauthorized use of the Account Holder's account or password information or any other breach of security.
  5. The Account Holder shall not attempt to gain access to the password-protected portions of the Website without using the Account Holder's password or by any other unauthorized means. Any attempt by the Account Holder to gain unauthorized entry to password-protected portions of the Website through hacking, cracking, spoofing or any other means other than by using End- User's account and password shall constitute a TOS violation.
  6. Any action to assist or enable any third party to gain unauthorized access to password- protected portions of the Website by any means shall constitute a TOS violation.

9.  Privacy Policy.
 Traxsource's Privacy Policy is incorporated in and made an integral part of these Terms of Service by this reference. You can review our Privacy Policy in a separate window or download it as a pdf file using the following link: https://www.traxsource.com/privacy. You can also review our Privacy Policy at any time using the link on the bottom of our website.

10.  E-mail Communication.
By establishing an account with Traxsource, the Account Holder expressly grants permission for Traxsource to communicate with the Account Holder via e-mail at the e-mail address which the Account Holder provides.

11.  Termination of Accounts.

  1. The Account Holder may terminate the Account Holder's account with Traxsource at any time by communicating the Account Holder's wish to do so to Traxsource in writing via e-mail.
  2. The Account Holder hereby expressly agrees that Traxsource may terminate the Account Holder's account as follows:
  3. Traxsource may terminate the Account Holder's account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but is not be limited to:
    1. any TOS violation;
    2. discontinuation or material modification of the Website or any service offered thereon;
    3. failure to pay for purchases;
    4. repeated copyright infringement or trademark infringement; and
    5. requests by law enforcement or other government agencies.
  4. Traxsource shall at all times remain entitled to terminate the Account Holder's account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.
  5. Upon termination of the Account Holder's account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.
  6. The Account Holder hereby expressly agrees that the Account Holder shall not be entitled to seek any compensation from Traxsource or any third party for the termination of the Account Holder's account.

12.  Warranties.
The Website and all Downloads, Materials and other Site Content are offered on an "as is" basis only. Traxsource provides a warranty only with respect to Downloads legally obtained by the End-User from Traxsource pursuant to this Agreement. The warranty is as follows: any defective Download(s) will be replaced upon request within thirty (30) days of the original purchase date. EXCEPT AS EXPRESSLY STATED, TRAXSOURCE EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER RELATING TO THE WEBSITE OR THE USE OF TRAXSOURCE'S SERVICES HEREUNDER. It is hereby expressly agreed that there shall be no implied warranties of merchantability or suitability with respect to any aspect of the Website or any Downloads, Materials or other Site Content purchased or otherwise obtained from the Website. Traxsource specifically disclaims any warranties against viruses, software incompatibilities, or any other effect which the Website or any Downloads, Materials or other Site Content may have on the computer, telecommunications and/or other electronic equipment owned or operated by the End User.

13.  Limitation of Liability.
The Account Holder hereby expressly agrees that the Account Holder shall use the Website and any Downloads, Materials and other Site Content at the Account Holder's own risk. In any event, neither Traxsource nor its officers, employees, or shareholders shall be liable for any consequential, incidental, direct, indirect, punitive, special or other damages whatsoever, including without limitation any business interruption, loss of profits, loss of information or any other business related damages, with respect to any matter or claim arising as a result of or in connection with this Agreement, or the use of the Website or any Downloads, Materials or other Site Content or any other Traxsource goods or services, or the inability to use the Website or any Downloads, Materials or other Site Content or any other Traxsource goods or services, or any failure by Traxsource to provide any Downloads, Materials or other Site Content or any other Traxsource goods or services at any time, or otherwise arising out of or in connection with the use of the Website whether based on contract, tort, negligence, at law or in equity. The Account Holder hereby acknowledges and confirms that the Account Holder is on notice of Traxsource's disclaimer of warranties and limitation of liability as set forth in this Agreement and the Account Holder hereby expressly agrees to these disclaimers and limitations as a condition of using the Website and any Downloads, Materials and other Site Content, or any other Traxsource goods or services. If, notwithstanding the foregoing and for any reason, Traxsource is found to be liable to the Account Holder for any matter in connection with this Agreement, Traxsource's liability shall be limited to any amounts actually paid to Traxsource by the Account Holder.

14.  Copyright and Trademark Policy.
Traxsource's Copyright and Trademark Policy is incorporated in and made an integral part of these Terms of Service by this reference. You can review our Copyright and Trademark Policy in a separate window or download it as a pdf file using the following link https://www.traxsource.com/copyright-and-trademark. You can also review our Copyright and Trademark Policy at any time using the link on the bottom of our website

15.  Governing Law.
The Account Holder agrees that all matters relating to the Account Holder's access to and use of the Website and any Downloads, Materials and other Site Content purchased or otherwise obtained from the Website, including all disputes arising out of these Terms of Service, shall at all times be governed by the laws of the United States and specifically by the laws of the State of Florida without regard to its conflicts of laws provisions. The Account Holder agrees to the personal jurisdiction of and venue in the State and Federal courts located in Broward County, Florida. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises.







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