SAVVY DJ Terms of Service
EFFECTIVE November 3rd, 2012
AGREEMENT

These “Terms of Use” set forth the terms and conditions that apply
to your use of www.savvydj.com (the “Web Site”).  By using the Web
Site, you agree to comply with all of the Terms of Use set forth
herein.  The right to use the Web Site is personal to you and is not
transferable to any other person or entity

1. INTRODUCTION

The Web Site is owned and operated by Savvy DJ, Inc.
Your use of the Web Site is governed by an express agreement between
you and Savvy DJ, Inc., consisting of the following terms and
conditions.  You acknowledge and agree to the following terms and
conditions when you visit or use the Web Site.  Responsibilities are
specific and limited to the following terms and conditions. In
addition to visitors and users of the Web Site, DJ Providers who use
the Web Site in any manner agree to the following terms and
conditions.

2. COMMON SENSE AND BUSINESS JUDGMENT

You agree to use common sense and good business judgment when using
the Web Site.

3. QUALIFICATION FOR USE OF WEB SITE

In order to qualify for use of the Web Site, you must be an individual
who can enter into a legally binding contract under applicable law.
By using the Web Site, you are representing that you are an individual
who can enter into a legally binding contract under applicable law.
The Web Site is not intended nor provided for use by minors.

4. USE OF THE WEB SITE

a) Neutral Venue and Online Clearinghouse:  The Web Site functions
solely as a neutral venue and online clearing house in order to
facilitate a connection between you and various DJ Providers who
are found within the Web Site.  Any and all endorsements and
recommendations, whether implied or explicit, are specifically
disclaimed by Savvy DJ, Inc.  The DJ Providers listed on the
Web Site do not work for Savvy DJ, Inc.  The DJ Providers are
not agents or employees of Savvy DJ, Inc.  Should you select
a DJ Provider and enter into an agreement with the DJ Provider,
Savvy DJ, Inc. has no control or participation in or over the
terms of the agreement, the quality, standards, safety, legality
or appropriateness of the service that you receive from the DJ
Provider.  You expressly acknowledge and agree that any
communications, statements, warrants, representations made by any
DJ Provider is not provided by Savvy DJ, Inc.

b) Transaction for Services:  By clicking “Book this DJ”, you
acknowledge and agree that you have submitted a DJ Provider
Request and that this is your effective offer to enter into a
transaction for the services of that DJ Provider.

c) Payment for Services:  When you click “Place Order”, you are
acknowledging and agreeing that you have authorized payments for
the total amounts of the DJ Provider’s services and the Booking
Fee, and that you have authorized your credit or debit card to be
charged the total amount and that you have requested a “Payment
Code” in order to complete the transaction.  You pay the DJ
Provider by supplying the DJ Provider with the Payment Code.  If
you supply the DJ Provider with the Payment Code, you are
acknowledging that the DJ Provider provided services to your
satisfaction.  Any dispute regarding the quality of services
provided by a DJ Provider should be resolved solely between you
and the DJ Provider.  Savvy DJ, Inc. is not responsible for
nor expected to be involved with the resolution of said disputes.

d) Booking Fee:  You will be charged a Booking Fee of $15 for each
DJ Provider Request.

e) Review of DJ Provider:  After receiving services from a DJ
Provider, you may submit a review of the DJ Provider within sixty
(60) days from the date that the DJ Provider enters the Payment
Code.  If you fail to submit a review of the DJ Provider within
said sixty (60) days, you waive your ability to submit a review.
If you submit a review, you grant Savvy Signal, Inc. the
exclusive, irrevocable, perpetual and royalty free right to post,
use, reprint, partially reprint your review for any purpose,
including, but no limited to, marketing and advertising, in any
media, and at any time.

5. PRIVACY PRACTICES OF DJ PROVIDERS

You agree and acknowledge that Savvy DJ, Inc. is not responsible
for the privacy practices of the DJ Providers.  Further, you agree and
acknowledge that Savvy DJ, Inc. is not responsible for any
actions that a DJ Provider may take with regard to your personal
information.  It is your responsibility to review the privacy policy
of the DJ Providers to confirm that you agree to and understand their
privacy policies.

6. THE PRIVACY POLICY OF THE WEB SITE

The Privacy Policy of the Web Site is incorporated into these Terms of
Use.  The Privacy Policy of the Web Site can be reviewed at
www.savvydj.com/privacy.

7. FACILITATOR

Savvy DJ, Inc. acts strictly as a facilitator for transactions
between you and a DJ Provider.  Savvy DJ, Inc. is not
responsible for the actions of any DJ Provider.  Savvy DJ,
Inc. is not a financial institution and does not provide any
financial services whatsoever.  Savvy DJ, Inc. does not
establish any type of account, including escrow accounts or
otherwise, for your payments.  Savvy DJ, Inc. does not act as a
fiduciary, escrow or trustee for your payments.

8. COPYRIGHT

The materials contained on the Web Site are protected by United States
and other copyright laws, except for works of the United States
Government pursuant to 1 U.S.C. Section 105.  The selection,
arrangement and presentation of all materials (including information
in the public domain), and the overall design of the Web Site are
copyright © 2010 Savvy DJ, Inc.  Permission is granted to view
materials from the Web Site for the non-commercial purpose of viewing
and reading. Any copying, distribution, retransmission or modification
of information or materials on the Web Site, whether in electronic or
hard copy form, without the express prior written permission of Savvy
Signals, Inc. is strictly prohibited. “savvydj” is the trademark
and/or service mark of Savvy DJ, Inc. Said trademark and/or
service mark may not be used under any circumstances without the prior
written authorization of Savvy DJ, Inc.

9. COPYRIGHT INFRINGEMENT POLICY

Savvy DJ, Inc. has in place certain legally mandated procedures
regarding allegations of copyright infringement occurring on the Web
Site.  Savvy DJ, Inc. has adopted a policy that provides for the
immediate suspension and/or termination of any Web Site user who is
found to have infringed on the rights of Savvy DJ, Inc. or of a
third party, or otherwise violated any intellectual property laws or
regulations.  Savvy DJ, Inc.’s policy is to investigate any
allegations of copyright infringement brought to its attention.  If
you have evidence, know, or have a good faith belief that your rights
or the rights of a third party have been violated and you want Savvy
Signals, Inc. to delete, edit, or disable the material in question,
you must provide Savvy DJ, Inc. with all of the following
information: (a) a physical or electronic signature of a person who is
authorized to act on behalf of the owner of the exclusive right that
is allegedly infringed; (b) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works are
covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringed or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit Savvy DJ, Inc. to locate the material; (d)
information reasonably sufficient to permit Savvy DJ, Inc. to
contact you, such as an address, telephone number, and if available,
an electronic mail address at which you may be contacted (e) a
statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and (f) a statement that the information in the
notification is accurate, and under penalty of perjury, that you are
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.  For this notification to be effective, you must
provide it to Savvy DJ, Inc. designated agent at:
  
Savvy DJ Copyright Officer
121 Broadway #551
San Diego, CA 92101
Email: info@savvydj.com

10. THIRD PARTY LINKS

Savvy DJ, Inc. has no control over, and no liability for any
third-party websites or materials.  Savvy DJ, Inc. may provide
hyberlinks to third-party web sites as a convenience to users of the
Web Site. Savvy DJ, Inc. does not control third-party web sites
and is not responsible for the contents of any linked-to, third-party
web sites or any hyperlink in a linked-to web site. Savvy DJ,
Inc. does not endorse, recommend or approve any third-party web site
hyperlinked from the Web Site. Savvy DJ, Inc. will have no
liability to any entity or person for the content or use of the
content available through such hyperlinks or third-party web
sites. You agree that Savvy DJ, Inc. has no liability for the
acts or negligence of any third-party, including, but not limited to,
DJ Providers.

11. YOU INFORMATION AND COMMUNICATION ON THE WEB SITE

a) Compliance with Intellectual Property Laws.  When accessing the
Web Site or using the Web Site, you agree to obey the law and to
respect the intellectual property rights of others.  Your use of
the Web Site is at all times governed by and subject to laws
regarding copyright ownership and use of intellectual property.
You agree not to upload, download, display, perform, transmit, or
otherwise distribute any information or content (collectively,
“Content”) in violation of any third party’s copyrights,
trademarks, or other intellectual property or proprietary rights.
You agree to abide by laws regarding copyright ownership and use
of intellectual property, and you shall be solely responsible for
any violations of any relevant laws and for any infringements of
third party rights caused by any content you provide or transmit,
or that is provided or transmitted.  The burden of proving that
any content does not violate any laws or third party rights rests
solely with you.

b) Inappropriate Content.  You shall not make the following types
of content available.  You agree not to upload, download, display,
perform, transmit, or otherwise distribute any content that (a) is
libelous, defamatory, obscene, pornographic, abusive, or
threatening; (b) advocates or encourages conduct that could
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national or foreign
law or regulation; or (c) advertises or otherwise solicits funds
or is a solicitation for goods or services.  Savvy DJ,
Inc. reserves the right to terminate your receipt, transmission,
or other distribution of any such material using the Web Site,
and, if applicable, to delete any such material from its servers.
Savvy DJ, Inc. intends to cooperate fully with any law
enforcement officials or agencies in the investigation of any
violation of these Terms of Use or of any applicable laws.

c) Additional restrictions.  You also agree you will not use the
Web Site for: surveys, contests, pyramid schemes, chain letters,
junk mail, span, or unsolicited messages; upload of viruses,
trojan horses, worms, time bombs, cancel bots, corrupted files, or
similar software; use of meta-tag searches of the Web Site; or
creating a false identity for the purpose of misleading others.

d) Right to Delete Any and All Content: Savvy DJ, Inc. has the
absolute right to delete any and/or all Web Site content and/or
comments made by any and all visitors or users of the Web Site.

12. ARBITRATION

Except as otherwise specifically provided, the interpretation of any
of the provisions of this Agreement, any dispute or controversy
arising out of this Agreement, or the action or inaction of any
Visitor, User, or DJ Provider must be submitted to arbitration in San
Diego, California under the commercial arbitration rules then in
effect of the American Arbitration Association.  Any award of decision
obtained for an arbitration proceeding will be final and binding on
the parties, and judgment on any award so obtained may be entered in
any court having jurisdiction.  No action at law or in equity based on
any claim required to be submitted to arbitration under this provision
may be instituted in any court except (a) an action to compel
arbitration pursuant to this provision; or (b) an action to enforce an
award obtained in arbitration pursuant to the terms of this provision.

13. WARRANTY DISCLAIMER AND LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, you expressly
acknowledge and agree that your use of the Web Site and any services
that you receive as a result of using the Web Site is at your sole
risk and that the Web Site is being provided “as is” without any
warranty of any kind.  You expressly acknowledge and agree that Savvy
Signals, Inc. shall not be liable to you under any theory of liability
(whether contract, tort including negligence or otherwise) for any
direct, indirect, incidental, special consequential or exemplary
damages that may be incurred by you through your use of the Web Site
or other services obtained from the Web Site, whether or not Savvy
Signals, Inc. or its representatives have been advised of or should
have been aware of the possibility of any such losses arising. The
information and materials on the Web Site could include technical
inaccuracies of typographical errors. Changes are periodically made to
the information contained herein. Savvy DJ, Inc. MAKES NO
REPRESENTAIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION,
MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A
STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY KIND AND HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION,
MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRIGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR
PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY,
FOR ANY DAMGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT
LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY
MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE
FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.

14. INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend
and hold harmless Savvy DJ, Inc., its subsidiaries, affiliates,
officers, directors, agents, and employees, from and against any and
all claims, actions, suits or proceedings, as well as any and all
losses, liabilities, damages, costs and expenses (including reasonable
attorneys’ fees) arising out of or accruing from your use of the Web
Site, violation of the terms of this Agreement, violation of any
federal or state law, statute, regulation or the infringement of any
third party rights including, but no limited to, any third party
intellectual property rights.

15. GOVERNING LAW

These Terms of Use shall be construed in accordance with and governed
by the laws of the United States and the State of California, without
reference to their rules regarding conflicts of law.  You hereby
irrevocable consent to the exclusive jurisdiction of the state or
federal courts in San Diego, California in all disputes arising out of
or related to the use of the Web Site.

16. SEVERABILITY AND WAIVER

If, for whatever reason, a court of competent jurisdiction finds any
term or condition in these Terms of Use to be unenforceable, all other
terms and conditions will remain unaffected and in full force and
effect.  No waiver of any breach of any provision of these Terms of
Use shall constitute a waiver of any prior, concurrent, or subsequent
breach of the same or any other provisions hereof, and no waiver shall
be effective unless made in writing and signed by an authorized
representative of the waiving party.

17. NO LICENSE

Nothing contained on the Web Site should be understood as granting you
a license to use any of the trademarks, service marks, or logos owned
by Savvy DJ, Inc. or by any third party.

18. MODIFICATIONS

At any time, Savvy DJ, Inc. may, in its sole discretion and
without prior notice, (a) revise these Terms of Use; (b) modify the
Web Site and/or the services that are provided through the Web Site;
and (c) discontinue the Web Site and/or any or all services that are
provided through the Web Site.  Savvy DJ, Inc. shall post any
revision to these Terms of Use to the Web Site, and the revision shall
be effective immediately on such posting.  You agree to review these
Terms of Use and other online policies posted on the Web Site
periodically to be aware of any revisions.  You agree that, by
continuing to use or access the Web Site following the posting of any
revision, you shall abide by any such revision.

19. ACKNOWLEDGEMENT

BY USING THE WEB SITE AND/OR ACCESSING THE
SERVICES ON THE WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF USE AND AGREE TO BE BOUND BY THEM.