DEQQ is a service that allows members to communicate with one another, listen to music, watch videos, purchase and download media and podcasts, post comments, upload media and be part of multiple DEQQ hosted communities. The service is operated by DEQQ Communication Technologies Inc. ("DEQQ"). By using the DEQQ Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement") while using the site, whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the above mentioned services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. DEQQ may modify this Agreement from time to time and if these modifications constitute a material change to the Terms of Use, we will notify you via internet mail or the DEQQ service. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. These terms of service may have changed since your last visit to this website and it is your responsibility to review these terms of service for any changes. Your use of the website or the service after any amendments or updates of these terms of service shall signify your assent to and acceptance of such terms. Any new features of the Service that may be added to this website from time to time will be subject to these terms of Services, unless stated otherwise.
This Agreement includes DEQQ's policy for acceptable use and content posted on the DEQQ Website, your rights, obligations and restrictions regarding your use of the Website and the Service and DEQQ's Privacy Policy. A copy of the current Terms of Use agreement shall be available at all times on the DEQQ site.
Please choose carefully the information you post on DEQQ and that you provide to other Members. Any postings to DEQQ may not include the following items: any photographs or video content posted by you may not contain obscene, lewd, excessively violent, harassing, hateful, sexually degrading or otherwise objectionable subject matter. Information provided by other DEQQ Members may contain inaccurate, inappropriate or offensive material, products or services. DEQQ assumes no responsibility or liability for such material.
A Member must notify DEQQ immediately upon viewing any objectionable material such that DEQQ may remove the same from the DEQQ site. DEQQ reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
The following set out the basic rules and regulations for the Website:
Eligibility.
Membership in the Service is void where prohibited by law. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are of legal age to form a binding agreement and are not a person barred from receiving services under the laws of Canada or any other applicable jurisdiction. You further represent and warrant that you are 13 years of age or older and that your use of DEQQ shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account. You are solely responsible for all Content published or displayed through your account and for your interactions with other members.
Term.
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the member account page. DEQQ may terminate your membership for any reason and without notice.
Non Commercial Use by Members.
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of DEQQ. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member comments, blogs or other postings without notice and may result in termination of membership privileges. Appropriate legal action may be taken by DEQQ for any illegal or unauthorized use of the Website.
Proprietary Rights in Content on DEQQ.
DEQQ owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of DEQQ and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Content Posted on the Site.
- You understand and agree that DEQQ may, but has no obligation to, review and delete any content, messages, text, files, images, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of DEQQ violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.
- By posting any Content to the public areas of the Website, you hereby grant to DEQQ the non-exclusive, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. DEQQ reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
- is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- for artist, band or musician profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses that do not specifically belong to and are controlled by you.
- You may not transmit any chain letters or junk email to other Members. Although DEQQ cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- You may not cover or obscure any DEQQ branding on widgets, pages, or applications via HTML/CSS or any other means.
- Any automated use of the system, such as using scripts to add friends, is prohibited.
- You may not attempt to impersonate another user or person who is not a member of DEQQ.
- You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account.
- You may not interfere with or disrupt the website or Service or servers or networks connected to the website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the website or the Service.
- You may not collect or store personal data about other users or viewers.
- You may not access the website or the Service in a manner that utilizes the resources of the website or the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this website.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DEQQ to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to DEQQ by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent DEQQ at CRAbuse@DEQQ.com or:
Copyright Abuse
c/o DEQQ Communication Technologies Inc.
404 & 560 - 329 Railway Street
Vancouver, B.C. V6A 1A4
Please include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Member Disputes.
You are solely responsible for your interactions with other DEQQ Members. DEQQ Communication Technologies, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Downloading Media.
You agree that you will abide by the license provided herein in regard to the downloading of media from this website or service. Any download of a digital media file, whether for no charge or for a fee, from this Website shall entitle you to personal use of such digital music file throughout the world for the life of the copyright in the sound and/or video recording and the media work embodied in the sound and/or video recording. You acknowledge and agree that to violate the terms as set out above shall constitute a copyright infringement under the Copyright Act of Canada and legislation set by all signatories to the international Berne Convention for the Protection Of Literary and Artistic Works.
Privacy.
DEQQ collects user submitted information from time to time in accordance with the terms and conditions of the Privacy Policy relating to the Service.
Joining/Adding DEQQ Communities or Channels.
DEQQ communities/channels are owned and controlled by clearly identified third parties. When users join a DEQQ channel, they are agreeing to transferring their profile information to the owner of that channel, who may in turn use it for marketing their products or services. This data is for their own use in order to better serve you, their customer/fan. Channel owners do not have the authority to transfer or sell your personally-identifiable data to any other party without your express consent.
For DEQQ Channel Owners.
Owners of DEQQ channels are responsible for the content published on their channel. You may use your channel's subscribers' e-mails to contact them directly. You are not permitted to sell or transfer any Member's personal information to any third party. When Members unsubscribe or remove your channel, their information will be removed from your DEQQ account. You are also obligated to delete all other copies and back-ups of unsubscribed Members you may have. Unsolicited contact with unsubscribed Members may result in DEQQ account suspension and possible legal action.
Links.
DEQQ contains links to other sites. DEQQ is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on DEQQ.
Messaging.
Please be aware that whenever you voluntarily post public information to DEQQ that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information.
DEQQ users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.
Security.
DEQQ member accounts are secured by member-created passwords. DEQQ takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time
Sharing and Disclosure of Information DEQQ Collects.
Except as otherwise described in this privacy statement, DEQQ will not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by DEQQ, whether or not a response is required by applicable law; (2) to enforce the DEQQ Terms of Use Agreement or to protect our rights; or (3) to protect the safety of members of the public and users of the service. DEQQ reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of DEQQ or substantially all of its assets to that successor in interest.
Disclaimers.
DEQQ is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. DEQQ is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. DEQQ assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. DEQQ is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall DEQQ be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and DEQQ expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DEQQ cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability.
IN NO EVENT SHALL DEQQ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF DEQQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEQQ'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO DEQQ FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Disputes.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the Province of British Columbia without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the courts of the City of Vancouver, B.C. Canada.
Indemnity.
You agree to indemnify and hold DEQQ, DEQQ Communication Technologies Inc, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and DEQQ regarding the use of the Website and/or the Service. The failure of DEQQ to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. DEQQ is a trademark of DEQQ Communication Technologies Inc.