Pioneer DJ Americas: Terms of Use

Last Updated: 16 November, 2016 ("Effective Date")

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY BEFORE USING THE SERVICE.

ACCEPTANCE OF TERMS

These terms apply to www.pioneerdj.com and related mobile applications, widgets or online services, and PioneerDJ services provided through third parties including without limitation Pioneer DJ’s online commerce provider uCommerce (collectively, "THE SITE"), and are a binding agreement between you and Pioneer DJ Americas, Inc. 2050 West 190th Street, Suite 109, Torrance, CA 90504 ("Pioneer DJ", "Us" or "We"). By accessing or using THE SITE, you are indicating that you have read and understand these Terms of Use, that you will abide by all of their terms and conditions and that you are over the age of eighteen (18). THE SITE is not directed to children under 13 years of age. If you do not agree to any of these terms and conditions, please do not use THE SITE.

UPDATES TO TERMS

We reserve the right to change any terms of these Terms of Use at any time without prior notice to you. You agree that our posting of revised Terms of Use on THE SITE will constitute notice to you of such revised Terms of Use and that your access or use of THE SITE after such posting constitutes your agreement to be bound by such changes and the revised Terms of Use. Consequently, please review these Terms of Use before each and any access or use of THE SITE. Any changes to these Terms of Use will become a part of these Terms of Use and will apply as soon as they are posted or such later date as may be specified in the posted Terms of Use.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance THE SITE will be subject to these Terms of Use.

ACCESSING THE SITE

You are responsible for making all arrangements necessary for you to have access to THE SITE.

We do not guarantee that THE SITE will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access THE SITE. You should use your own virus protection software.

You must not use THE SITE in any way to: (i) breach any local, national or international law or regulation or to encourage or provide instructions to another to do so; or (ii) upload, post, make available or otherwise transmit or introduce any User Content that contains software viruses, trojans, worms, logic bombs or any other computer code, files or programs which is malicious or technologically harmful or designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.

All information we obtain about you in connection with your use of the Site is subject to our Privacy Policy which is incorporated by reference into this Agreement.

SPECIAL PROMOTION TERMS

Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys and/or special offerings ("Special Promotion(s)") through THE SITE. Special Promotions may be governed by terms and conditions that are separate from these Terms of Use. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms of Use, those separate terms and conditions will prevail with respect to such Special Promotion, unless otherwise stated.

PERSONAL USE

All intellectual property rights, including copyrights on any of the contents in THIS SITE, including, but not limited to, information, materials, images, graphics, texts, data, voices and sounds (hereinafter collectively referred to as "Contents"), are owned by PIONEER DJ or other right holders.

We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-sublicensable and non-transferable license to use, view and/or play Contents. This license is subject to your full compliance with these Terms of Use. You may not access or copy the contents of THE SITE through automated means, as may be referred to as scraping.

You may also print off one (1) copy of articles of personal interest to you, for your personal use. You must not modify the paper or digital copies of any materials you have printed off in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of Contents must always be acknowledged.

You may not distribute, sell or offer for sale THE SITE, our content, or any element thereof. In addition, Contents may not be used to construct any kind of database. You must not use any part of Contents for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy any part of THE SITE in breach of these Terms of Use, your right to use THE SITE will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NOTIFICATIONS

If you would like to notify us of content which you believe does not comply with these Terms of Use, please contact us directly at support.us@pioneerdj.com. Make sure to include a screenshot or Uniform Resource Locator ("URL") for the non-complying content, and the reasons you believe it does not comply. You understand that in using THE SITE, you may be exposed to materials that are objectionable. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Pioneer DJ arising from your exposure to such materials.

TRADEMARKS

All rights on the trademarks, service marks, trade names and logos (hereinafter collectively referred to as Trademarks) in THE SITE are owned by PIONEER DJ or other respective right holders. Trademark Law or other applicable laws prohibit any use of Trademarks without authorization by PIONEER DJ or other right holders except for the use legally permitted by such laws.

SPONSORED CONTENT

You acknowledge that: (i) we may receive from marketers free products that we review or discuss in Contents and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.

LINKS TO THE SERVICE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to THE SITE in any website that is not owned by you. THE SITE must not be framed on any other website, nor may you create a link to any part of THE SITE other than the home page.

We reserve the right to revoke any link to any page of THE SITE or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of THE SITE.

The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.

If you wish to make any use of content on THE SITE other than that set out above, please contact support.us@pioneerdj.com.

THIRD PARTY LINKS

We may provide, or third parties may provide, on or through THE SITE, links to third party sites, such as other websites or resources. These third party sites are operated by parties who are wholly separate from PIONEER DJ and as such you acknowledge and agree that we have no control over such third party sites, are not responsible for the availability of such third party sites, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such third party sites.

Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party site's URL, or are otherwise indicated as such by us. These third party sites are for your information and convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. Your communications and dealings with third parties through such links including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such communications and dealings, are solely between you and the third party.

LIMITATION OF LIABILITY

PRODUCTS PURCHASED ON THE SITE MAY BE SOLD WITH A WRITTEN LIMITED WARRANTY. OTHER THAN SUCH PRODUCT-RELATED LIMITED WARRANTIES, THE SITE AND CONTENTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PIONEER DJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, CORRECTNESS, ACCURACY, MERCHANTABILITY, AVAILABILITY, SAFENESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THIS SITE OR ANY OF THE CONTENTS. IN NO EVENT SHALL PIONEER DJ BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM USE OF THIS SITE OR THE CONTENTS.

PIONEER DJ may, at its sole discretion, change, add or delete any of Contents or URL of THIS SITE, and to cease or discontinue the operation of part or all of THIS SITE without prior notice.

Please note that we only provide THE SITE for domestic and private use. You agree not to use THE SITE for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of THE SITE or to your downloading of the Contents, or on any website linked to it.

We assume no responsibility for the content of websites linked on THE SITE. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

YOUR EXCLUSIVE REMEDY AND PIONEER DJ'S ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS SITE SHALL BE LIMITED TO THE LESSER OF (A) ANY PRODUCTS YOU PURCHASED THROUGH THE SITE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

IN NO EVENT SHALL PIONEER DJ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold Pioneer DJ, and its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site, (b) your negligence or misconduct when using the Site, and (c) the violation of laws, rules, regulations or terms this Agreement. Pioneer DJ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Pioneer DJ in asserting any available defenses.

SUBMISSION OF PROPOSALS

PIONEER DJ has a policy not to accept any proposals, remarks, suggestions, ideas, materials or other information concerning PIONEER DJ's products and services (hereinafter collectively referred to as "Proposals"). In the event that you submit such Proposals to PIONEER DJ, such submission of Proposals shall be subject to the following terms:

  • PIONEER DJ has no obligation to treat any Proposals in confidence, to use nor to commercialize any Proposal.
  • PIONEER DJ has no obligation to report or inform of any status of use of any Proposals.
  • You shall not assert any claim that PIONEER DJ’s products or services infringe copyrights, industrial property or any other intellectual property rights contained in the Proposals in the event PIONEER DJ commercializes such Proposals or similar ideas.
Browser Requirements

When using anything besides the recommended browsers, SSL encrypted communication may not work properly, and those browsers may not display screens properly. If this occurs, please obtain the latest version of the recommended browser and use it instead.

Recommended browsers

Windows
Chrome 39 or later
Microsoft Internet Explorer 9.0 or later
Mozilla Firefox 34 or later

Macintosh
Chrome 39 or later
Mozilla Firefox 34 or later
Safari 8.0 or later

INTERNATIONAL USE

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

GOVERNING LAW, ARBITRATION

The laws of the state of California, USA, will apply to all matters relating to these terms, the use of this Site and/or products provided through this Site, without regard to the conflicts of laws principles nor the United Nations Convention on the International Sale of Goods. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Site shall be settled by arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules, and judgment on the award may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three, with each party selecting one arbitrator and those arbitrators shall nominate the chief arbitrator to be approved by the parties. The arbitration shall take place in the county of Los Angeles in the state of California.

These terms constitute the entire agreement between Pioneer DJ and you pertaining to the subject matter of these terms. In the event that any of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that the other terms shall otherwise remain in full force and effect.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us and govern your use of THIS SITE and supersede and extinguish any prior agreements, promises, assurances, warranties, representations and undertakings between you and us, whether written or oral with respect to THE SITE.

CONTACT DETAILS

To contact us, please email support.us@pioneerdj.com.

TERMS APPLYING TO PURCHASES OF PRODUCTS THROUGH THE SITE

If you purchase products through THE SITE, the following terms apply to you. We only accept orders from or deliver orders to the United States.

Products may vary slightly from their pictures. The images of the products on THE SITE are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that the device you are using will display colors accurately. Your product may vary slightly from those images. Packaging may vary from that shown on images on THE SITE.

We may change the product to reflect changes in relevant laws and regulatory requirements, and to make minor technical adjustments and improvements.

LIMITED WARRANTY

New or refurbished products sold through THE SITE ("Products") are covered by Pioneer DJ’s standard manufacturer’s limited warranties applicable to such Products. The terms of the warranties, are located at: http://www.pioneerdj.com/en-us/company/warranty. In the event of a conflict between these terms and the limited warranty, the terms of the limited warranty will apply with respect to the applicable Product.

SHIPPING

We will contact you as soon as possible if events outside our contract mean we will deliver your order late, and we will try to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund for any products you have paid for but not received.

We may email you to let you know that we are going to stop providing the Product and will refund you any amount you may have paid for such Product.
Title and risk of loss of Product transfer to you upon Pioneer DJ’s delivery of the Product to the carrier.
When you request that your order ships to an APO or FPO address, the package will ship SAM (Space Available Mail). SAM is no additional charge and will ship your package from the APO or FPO address via the next available boat.

RETURNS

Products may be returned for any reason within fourteen (14) days from your receipt of products for your money back. Returns can be initiated only after the Product has shipped. Products must be unused, and returned in their original packaging. Refunds will be credited to the credit method that was used to make the purchase, and only after returned Products have been received and inspected by Pioneer DJ, and determined to be in conformance with return instructions. Credit card refunds may not show up for one or two billing cycles.

The refund will be for the amount paid by you for the Product, less a twenty five percent (25%) restocking fee.

Registered users may be able to initiate a return of products by logging into their account. However, if that functionality is not made available, then you must contact customer service to obtain a return authorization prior to returning any Products:
Product customer service contact = (844) 784‐0000; support.us@pioneerdj.com

When you receive a return authorization, you will be provided with instructions on how to return Products. Unless otherwise specified by a Pioneer DJ customer service representative, you will be responsible for arranging and paying for shipping, and should use a shipping method with tracking an delivery confirmation. Your shipping expenses may be reimbursed if returned Products are due to inaccurate product descriptions, an incorrect order, or confirmed by Pioneer DJ to be defective and not subject to warranty exclusions.

After the initial fourteen (14) day period, Products may only be returned if provided for under the applicable limited warranty terms which apply to such Product.

A defective Product is one that is inoperable but has no apparent damage, and which is considered defective in accordance with Pioneer DJ's limited warranty.

If an order arrives to you with obvious shipping damage, please refuse the delivery. If you have accepted delivery and then find shipping damage, please call the fulfiller immediately using the contact information included with the order.

Please save all packaging material and paperwork for the order if shipping damage is a possible issue. If you dispose of packaging material or attempt to return the merchandise without contacting the fulfiller, you jeopardize our chances of making a claim, and you may not receive credit for the return.

We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of Product.

PRICING AND PRODUCT DESCRIPTIONS

All prices, pictures, and descriptions on THE SITE are subject to change. We maintain no responsibility for inadvertent errors. Please contact us within 30 days regarding price or promotion discrepancies.

When you place your order with us, you agree to the price and terms indicated on THE SITE. Price differences related to future or past prices in our store or any other store are not refundable. Prices and availability of products are subject to change without notice. Errors will be corrected where and when discovered. Pioneer DJ Americas, Inc. reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.

ORDER CANCELATION

If you wish to cancel an order, contact customer service. You will be required to provide your first and last name, order number, Products ordered, the address the item was shipped to, contact phone number and email address.

If your payment has already been processed for the purchase when your order is cancelled, Pioneer DJ will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

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