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.