Agreement between user and www.blackhillsmobilemusic.com
Welcome to www.blackhillsmobilemusic.com. The www.blackhillsmobilemusic.com website (the "Site") is comprised of various web pages operated by Black Hills Mobile Music,LLC. www.blackhillsmobilemusic.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.blackhillsmobilemusic.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.blackhillsmobilemusic.com is an E-commerce Site.
The Purpose of the Site is to provide you DJ Services from Black Hills Mobile Music,LLC that may include, but isn't limited to: Information about our Services, a way to Contact us, a method to setup and login to your account, and/or utilize a secure payment gateway to pay for our services.
Visiting www.blackhillsmobilemusic.com or sending emails to Black Hills Mobile Music,LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Black Hills Mobile Music, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Black Hills Mobile Music, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Black Hills Mobile Music, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.blackhillsmobilemusic.com only with permission of a parent or guardian.
To reserve your Date of Event, we Require a Non-Refundable Deposit at least fourteen (14) days of mailed contract. Prior to receipt of payment of the full Retainer, Black Hills Mobile Music, LLC is not under any obligation to hold the date of Event open for the Client. Upon receipt of full payment of the Retainer, Black Hills Mobile Music will reserve the Date of Event for Client, and shall not seek to plan other engagements for this time. As such, unless otherwise specified herein, Black Hills Mobile Music shall retain Client's Retainer as a reasonable estimation of its damages hereunder if this Agreement is not performed for any reason, including, but not limited to, the following circumstances: a. The Client canceling the contract; b. The Client's failure to complete all the conditions precedent to Black Hills Mobile Music obligations, as specified in the contract c. Black Hills Mobile Music inability to perform hereunder if its performance is impeded by matters outside of its control, including, but not limited to, fire, casualty, acts of God, local, state or federal regulations, inadequate crowd control or protection from environmental conditions. In the event the DJ assigned to an Event is unable to perform due to illness, accident, equipment failure or otherwise, Black Hills Mobile Music, LLC shall use its best efforts to find a replacement DJ, equipment or to otherwise perform hereunder. If Black Hills Mobile Music is unable to locate a replacement DJ or replacement equipment, and therefore fails to perform hereunder, Client's Retainer shall be refunded within thirty (30) days after the Event Date. The parties agree that refund of its Retainer shall be Client's sole and exclusive remedy in either law or in equity for Black Hills Mobile Music failure to perform hereunder.
Links to third party sites/Third party services
www.blackhillsmobilemusic.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Black Hills Mobile Music and Black Hills Mobile Music is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Black Hills Mobile Music is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Hills Mobile Music of the site or any association with its operators.
Certain services made available via www.blackhillsmobilemusic.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.blackhillsmobilemusic.com domain, you hereby acknowledge and consent that Black Hills Mobile Music, LLC may share such information and data with any third party with whom Black Hills Mobile Music, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.blackhillsmobilemusic.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Black Hills Mobile Music, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Black Hills Mobile Music, LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Black Hills Mobile Music, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Black Hills Mobile Music, LLC or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Black Hills Mobile Music, LLC account to third party accounts. By connecting your Black Hills Mobile Music, LLC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Black Hills Mobile Music, LLC from our offices within the USA. If you access 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 Black Hills Mobile Music,LLC Content accessed through www.blackhillsmobilemusic.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Black Hills Mobile Music, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Black Hills Mobile Music reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Black Hills Mobile Music, LLC in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BLACK HILLS MOBILE MUSIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BLACK HILLS MOBILE MUSIC, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BLACK HILLS MOBILE MUSIC, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Black Hills Mobile Music, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Dakota and you hereby consent to the exclusive jurisdiction and venue of courts in South Dakota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Hills Mobile Music, LLC as a result of this agreement or use of the Site. Black Hills Mobile Music, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Black Hills Mobile Music, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Black Hills Mobile Music, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Black Hills Mobile Music, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Hills Mobile Music, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Black Hills Mobile Music, LLC reserves the right, in its sole discretion, to change the Terms under which www.blackhillsmobilemusic.com is offered. The most current version of the Terms will supersede all previous versions. Black Hills Mobile Music, LLC encourages you to periodically review the Terms to stay informed of our updates.
Black Hills Mobile Music, LLC welcomes your questions or comments regarding the Terms:
Black Hills Mobile Music, LLC
127 Indiana St.
Rapid City, South Dakota 57701
Effective as of March 21, 2016