Introduction
RAVHD, and its subsidiaries and affiliates around the world (collectively, “DPFTRAC,” “we,” “us,” or “our”), appreciate your business and your use of our web sites, mobile applications and software, and other products and services (collectively, the “Services”).

This is our Privacy Policy. It explains what information we collect about you and how it is used when you use the Services, or when you otherwise interact with us. It also explains how the information is collected and what choices may be available to you to control the collection and use of your information. Please note that special terms may apply to you depending on the territory where you live (the “Relevant Territory”); these special terms are found at the end of this document.

By accessing and using the Services, or through your express agreement when requested, you accept this Privacy Policy and (a) agree and acknowledge that you have the power to enter into this Agreement (see the Minimum Age requirements in the DPFTRAC Terms of Use ), (b) consent to our collection, storage, and use of the information, as described in this document, and (c) affirm that you are familiar with and agree to be bound by this Privacy Policy and its limitations or qualifications, as modified from time to time. If you do not consent, you should not access or use the Services. As described below, our collection and use of certain information (such as access to your device’s contacts or photos) may require separate permission from you.

Thanks for taking the time to read this Privacy Policy.  We respect your privacy first and foremost. 

Why do we collect information?
DPFTRAC collects information from you in order to provide an optimised and customised experience for you and all our users when using the Services, and to enable us to provide the Services. The collection of this information is a contractual requirement pursuant to the Terms of Use, and failure to provide the necessary information may result in our inability to provide to you some or all of the Services.

What Information Does DPFTRAC Collect?
Information We Collect Automatically
When you access or use the Services, we automatically collect certain specific, available information in order to operate, maintain, and enhance the Services and to provide the Services to you, including:

Log information: We collect your Internet Protocol (“IP”) address, network or provider, web requests, access times, pages viewed, application version, crashes, content you access or download, web browser, links clicked, and the web page that referred you to us.

Device information: We collect information about the device you use to access the Services, including the hardware model, operating system and version, unique device identifiers and mobile network.

General location information: We collect information about the general location of your device (your city or region) when you access or use the Services, usually based on your IP address.

Information collected by cookies and other tracking technologies: We may use cookies and web beacons to collect information. See “Cookies and Advertising and Analytics Services” below for more information.

WHAT THIS MEANS TO YOU: This information allows us to provide the Services to you and to optimize your DPFTRAC experience for your region, device, browser, etc. By accepting this Privacy Policy, you give us permission to collect and store this kind of information. Do not access or use the Services if you do not consent.

Information You Make Available to Us
We collect information that you provide directly to us, including:

Personal information: You may give us personal information such as your name, demographic information, email address, username or screen name, password, postal address, phone number, and language preference.

Interaction: We collect information when you use any interactive features of the Services (including listening activity, search terms, and device input information); participate in a survey, contest or promotion; subscribe to a newsletter or email list; update your profile; purchase, access, “favourite,” or download content, credits, or other products through the Services; request customer support; or otherwise communicate with us.

Your payment information: We collect payment information (such as your credit or debit card number), information about your transactions, and related information.

Other people: We collect information you provide about others (for example, when you refer a friend to DPFTRAC) in accordance with applicable law.

Third-party services: You may give us access to information about you from third-party services, such as Facebook or Amazon, such as your name and account information. We collect such information in accordance with that third-party service’s policies. (Please note that we will not be responsible if the third party breaches its own policies or any applicable laws, rules or regulations in relation to information you make available to us, from them. See “How Is Your Information Shared with Others?” below, for our disclaimer regarding use of your information by third parties with whom you or we decide to share it.)

Account Information: You may authorize us to access the account information for accounts related to how you receive the Services that are stored on your device, such as app store accounts and linked social media accounts, which allows us to provide a quicker and easier onboarding experience.

Data library: You may choose to explicitly give us access to the data files stored locally on your device.

Phone, Mobile Network, and Wi-fi: You may give us permission to access your phone (including your phone number), or information about the mobile or wi-fi network your device is connected to. This information allows us to more quickly create an account for you, to optimize your experience if you are a customer of one of our many mobile carrier partners, or to communicate with you more easily.

Specific Location: You may authorize us to collect information about your specific location so that we can provide localized content or other information about nearby friends or events. We will never access your specific location without your explicit permission for us to do so.

Contacts: You may explicitly grant us permission to scan or access your contacts list to find your friends who are also using the Services, or to invite others to join. We will never access your contacts without your explicit permission, and we will only access the specific contacts you allow us to.

Photos and Camera: You may authorize us to access photos and the camera on your device for use in connection with the Services – for example, to take or upload a profile picture or some cover art for a playlist. We will only access the specific photos you allow us to, and only for the stated purpose.

Microphone: You may explicitly grant us permission to access your device’s microphone in order to enable certain features, such as voice control and song matching. We do not record or store audio information from your microphone. We will never access your microphone without your explicit permission, and only for the stated purpose.

Other Device Sensors:You may allow us to collect information from various sensors on your device to make better content recommendations for you, such as using your device’s accelerometer to suggest music for the speed at which you are running.

WHAT THIS MEANS TO YOU: You grant us permission to collect certain information either by explicitly indicating your permission in the case of location, contacts, photos and camera, or microphone information, or, in the case of other information you voluntarily submit to DPFTRAC, by accepting this Privacy Policy and subsequently providing us with the information. If you do not consent to our collection of this kind of information, do not provide it to us and do not grant us permission.

How Does DPFTRAC Use Your Information?
We may use the information we collect for various purposes, including to:

Provide, maintain, update, develop, and improve the Services;

Process payments and other transactions, verify your right to access to the Services, and send you confirmations and invoices;

Send you technical notices, updates, security alerts, and support and administrative messages;

Respond to your comments, questions and requests, and provide customer service;

Communicate with you about products, updates, services, offers, targeted advertising, promotions, content, events offered by DPFTRAC and others, and other information;

Monitor and analyze usage and activities on the Services, for example to improve the Services, pay or report to rights holders, or calculate payments owed to DPFTRAC by advertisers;

Provide advertising that helps support the Services;

Determine the content that we make available to you (some of our content licences differ by country);

Personalise the Services, including by providing advertisements, recommendations, content, and features that match your interests, preferences, or location;

Process contest or promotion entries and rewards;

Link or combine with information we receive from other sources to help understand your needs and to provide you with better service;

Create and maintain your personal profile (described below);

Protect DPFTRAC and our users;

Carry out the Advertising and Analytics Services (described below); and

Carry out any other purpose for which the information was collected.

We maintain your information at least for as long as you maintain an account. We may maintain certain information, including your personal information, interaction information, and account information, for an additional period of time, which may be as long as needed or permitted in light of the purposes for which the information was obtained. Unless you request that we delete it, we may retain information about users for at least two years after the deactivation of your account, so that you can re-activate your account and still have access to the same account, history, and preferences. You may ask us to delete any personally identifiable information we maintain about you, as described below.

WHAT THIS MEANS TO YOU: We collect your information to make your DPFTRAC experience better.

How Is Your Information Shared with Others?
Both DPFTRAC and you may sometimes make your information available to third parties in the specific situations described below. To the extent allowable by applicable law or DPFTRAC’s legal relationships with third parties, DPFTRAC is not responsible nor does it assume responsibility for any third party’s use of your information, or for the privacy practices of any third party (please note specific provisions for your territory (if any) at the end of this document).

Necessary Sharing with DPFTRAC Partners
DPFTRAC may share relevant information about you with certain third parties such as our partners. For example, our credit card processing partners require certain information in order to process your payment, and customer support contractors may require certain information in order to respond to your inquiries. In addition, under our content licences, we may be obligated to provide rights holders with anonymous information about how our users use and access content. Our partners are obligated to comply with strict contractual guidelines to keep all personal information that they access confidential, and to use that information only for authorised purposes.

WHAT THIS MEANS TO YOU: This category of sharing is necessary for us to provide the Services. If you do not consent to this sharing, do not access or use the Services.

Your Personal Profile
When you first use the Services, you are assigned a DPFTRAC profile, which you can use to sign in, update and utilize your new profile. The default setting is that your DPFTRAC profile will be publicly accessible, but it will be anonymous (that is, it will not display your real name or any other personally identifying information). You can customise your profile by adding personal information like your name or a photo. You can choose whether your profile is public or private, and you may change between public and private as often as you wish.

YOUR PROFILE: The information in your profile (which includes some personal information you have provided, your interactions with other users, and some information about equipment you use or maintain) may be accessible to other people, including people who are not users of the Services. Others may search for your profile if they have your username or screen name, real name, or email address (though we won’t provide your real name or email address to anyone who has not already shown that they know it by providing it to us). If you customize the information in your public profile, you may be asked to confirm that you wish it to remain public, and you may become identifiable to others. You grant us and our partners permission to use public information associated with your profile (including the fact that you have a public DPFTRAC profile) to promote and improve the Services or to help others (whether users of the Services or not) to find you and learn that you use the Services.

Interactions with Other Social Networks
The Services may offer tools that enable you to integrate your DPFTRAC account with a third-party social network (such as a Facebook “Like” button, or a Twitter “Tweet” button). These features let you share information from the Services with your friends, the public, or other third parties. For more information about the purpose and scope of how these features collect and share data, please visit the privacy policies of the entities that provide these features.

WHAT THIS MEANS TO YOU: If you use social sharing features, you should check the privacy policies of the applicable third-party social networks to learn how your information is collected, processed, stored, and used.

Information Received from Third Parties
DPFTRAC may also receive your information from third-party partners, services, or advertisers to facilitate the selection of your content preferences. The third party’s use of this information is governed by the third party’s own privacy policy, and DPFTRAC’s use is governed by this Privacy Policy.

If you subscribe to the Services through a third-party Partner, such as a telephone carrier or device manufacturer, that Partner may provide to us information that you disclosed to them, in order for us to be able to better provide the Services to you. In that case, the information we receive from the Partner will be governed by this Privacy Policy as though you had provided it to DPFTRAC directly.

WHAT THIS MEANS TO YOU: You should consult the privacy policies of the third-party entities you share your information with to understand how they will use it and share it with DPFTRAC.

The DPFTRAC API
The DPFTRAC API is an interface with which other people may interact with DPFTRAC information and make use of it in new and interesting ways. If your profile is public, third parties may access information about you that is contained on your public profile through the DPFTRAC API, including your connections within the Services, and other information about how you use the Services.

WHAT THIS MEANS TO YOU: The DPFTRAC API will have access to and make available the full range of public information about you. You may revoke the DPFTRAC API’s access to information about you by making your profile private, at which point the DPFTRAC API will cease to make information about you available.

Cookies and Web Beacons
DPFTRAC uses cookies, web beacons, and related technologies. Cookies are fragments of text stored on your web browser. Web beacons are often transparent image files (also called pixels) that track usage of a particular web page. Temporary and persistent cookies and web beacons may be placed on your browser or device when you use the Services, in order to perform various functions, including allowing a page to recognize you when you return, anonymously aggregating usage information for analytical purposes, storing preferences, sharing information with third-parties, and delivering relevant advertisements. Some cookies will only be used if you use certain features or select certain preferences, and others will always be used. They may be placed by DPFTRAC or our partners. These cookies and web beacons are used for the following purposes:

To allow you to stay logged in to the Services and to recall your subscription level.
To monitor traffic on and usage of our site and understand traffic patterns, collecting the IP address, browser, and operating system you use to access the site, date and time of access, the pages you visited and the page from which you arrived on our site.
To compile and report to third parties (like advertisers) aggregated statistics about our users in terms of numbers, traffic patterns, and information related to the site.
To register you on our service and recall your preferences.
To recognize repeat visitors for statistical or analytical purposes.
To anonymously track interactions with online advertisements, for example, monitoring the number of times an ad appears and the number of times it is clicked.
To authorise access to certain premium content or to test product features.
Along with additional information we collect from elsewhere, to carry out transactions, such as credit card sales.
WHAT THIS MEANS TO YOU: By agreeing to this Privacy Policy, you consent to the use of the technologies described above. However, you do have control over them. Most web browsers can be set to remove or reject browser cookies (this could affect the availability and functionality of the Services). Some third-party flash cookies must be disabled separately. While you cannot opt out of web beacons used in websites, you can limit their use by opting out of the cookies they interact with. There are many helpful resources on the Internet where you can learn more about cookies and how to control them.

Advertising and Analytics Services
We may allow others to (i) serve content and advertisements on our behalf across the Internet and (ii) to provide analytics services. These third-parties may use cookies, web beacons, local storage, and other technologies to collect information about your use of the Services and other websites, including your IP address, device ID, web browser, pages viewed, time spent on pages, content accessed, activity and location over time, links clicked, and conversion information, as well as personal information you have provided, such as demographic and geographic information. This information may be used by DPFTRAC and others to, among other things, analyse and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests or location, and better understand your online activity. In doing so, it may be combined with information from other sources (“Information”).

This information may be used by DPFTRAC and others for analytics purposes which includes analysing and tracking data, determining the popularity of certain content, and better understanding your online activity (“Analytics Services”). In doing so, it may be combined with information from other sources.

The Information may also be used by third parties to deliver advertising and content targeted to your interests or location. We or a third-party data partner may collect, store and share a unique identifier matched to your mobile device, in order to deliver customised ads or content while you use applications or surf the internet, or to seek to identify you in a unique manner across other devices or browsers(“Advertising Services”). In order to customise these ads or content, we or a third-party data partner may collect and share anonymized information about you (received from third parties) either to data you have voluntarily submitted to us, like your email address or location, or to data we have collected from you, including your device identifier or IP address. This information will only be shared with these partners in aggregated, hashed, and/or non-human-readable form, which cannot reasonably be used to identify you.

To opt out of Advertising cookies, please update your cookie settings at www.dpftrackingsystem.com/cookie-settings.

WHAT THIS MEANS TO YOU: You may opt out of the cookies described above by updating your cookie settings at www.dpftrackingsystem.com/cookie-settings. Analytics services are essential to provide the Service to you. As such, in order to opt out of Analytics Services you must cancel your subscription to the Service. Additional country-specific resource pages can be found in the Territory-Specific Information section below.

Other Necessary Disclosures:
In the case of the sale of one or more business units of DPFTRAC, we may, at our discretion, share your personal information with bidders or buyers in accordance with the provisions of this Privacy Policy.

If DPFTRAC enters into bankruptcy or its equivalent under local law, the administrator or receiver of the bankruptcy may have the ability to transfer your information in accordance with the proceedings and/or any future rendering of services.

We may, at our sole discretion and in compliance with applicable law, share your information with our corporate subsidiaries, parents, or affiliates as necessary to build, provide, and improve the Services throughout the world.

We may share your information as necessary to enforce our End User Licence Agreement and Terms of Use , investigate potential violations, or otherwise address potential or actual fraud or security or technical issues.

DPFTRAC may disclose your information if required by law or if we believe in good faith that doing so is necessary in order to: (a) comply with the law; (b) comply with an order issued by a competent judicial authority; (c) obey the service of legal process upon DPFTRAC; (d) protect and defend DPFTRAC’s rights and/or property; or (e) act in emergency situations.

WHAT THIS MEANS TO YOU: Our disclosure of your information in these situations is required, either by law or the circumstances of the situation. You may not restrict this disclosure.

How Can You Control Your DPFTRAC Account?
Account Information
You may update, correct or deactivate your account information at any time by logging into your account online or on our apps, or by contacting us at help@dpftrackingsystem.com. (If you log into the Services using your credentials from a third-party service, however, you may need to access that service to update your DPFTRAC account.) Deactivating your account will stop all new collection of information. Please note, however, that we may retain certain information as required by law or for legitimate business purposes, as described above. You may (1) request that we permanently delete all personally identifiable information we have about you after your account is deactivated, (2) request access to the personally identifiable information we maintain for you, (3) correct or restrict processing of any personally identifiable information we maintain for you, or (4) revoke your consent to the collection of information or object to the processing of your information as described in this Privacy Policy by contacting help@dpftrackingsystem.com. Remember that if you do so, you may not be able to access some or all of the Services.

Communications from DPFTRAC
DPFTRAC may communicate with you via email (at the address you provide to us), push notifications, alerts, or by other means. You may opt out of promotional communications from DPFTRAC by following the instructions in those communications, by updating your account preferences in your app settings or online account, or by contacting help@dpftrackingsystem.com. If you opt out of promotional communications, we may still send you non-promotional communications, such as those about your account, changes to the governing legal documents (such as this Privacy Policy) or our ongoing business relations.

How Is DPFTRAC Keeping Your Information Safe?
The security of your information is important to us. DPFTRAC uses industry-standard methods, such as encryption and access restrictions, to protect you and to ensure that the information we collect is safe from loss, theft, misuse, and unauthorised access, disclosure, alteration and destruction. Nevertheless, we cannot guarantee the security of your information. You can help by securing your DPFTRAC account with a strong password, and not sharing your account information with others.

Your information may be collected, transferred, stored, processed, or used (collectively, “Accommodated” or “Accommodate”) in various locations around the world, which may not be in the country or Relevant Territory where you reside. The data protection, privacy and other applicable laws, rules and regulations in the territories where we Accommodate your Information may apply to your information, and may be different from those in the Relevant Territory where you live. Due to this, different standards of protection of your information may apply, depending on the relevant jurisdiction in which your information is Accommodated. We (and the third parties we work with) implement procedures to guarantee reasonable levels of data protection when we store and process your information. By accepting this Privacy Policy, you consent to all aspects of the Accommodation of your information in other territories. To the extent permissible in the Relevant Territory where you live, by using the Services, you waive whatever right you may have to ensure that your information is Accommodated in a particular territory.

Children
DPFTRAC is committed to the protection of the privacy and safety of children. Pursuant to our Terms of Use , you must be at least 18 years old (or the age of majority in the territory where you live, whichever is higher) to create an account, and at least 13 years old (or the legal minimum in the territory where you live, whichever is higher) (the “Minimum Age”) to use the Services. We do not knowingly collect information from children under the Minimum Age. Do not submit any personal information of anyone under the Minimum Age to us. If we learn that we have collected personal information from someone under the Minimum Age, we will take measures to promptly delete that information. Please contact us at privacy@dpftrackingsystem.com if you believe we have inadvertently collected such information.

Changes to this Privacy Policy
We may, at our sole discretion, change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy, and for significant changes, we may provide you with additional notice (such as by sending you a notification) or ask you to explicitly accept the new version of this Privacy Policy. Any changes will become effective 14 days after notification. If you object to any of the changes, you may terminate your account and stop using the Services. If we do not ask you to explicitly consent to the changes, your continued use of any Service or your explicit consent following a change will constitute your binding acceptance of the change.

WHAT THIS MEANS TO YOU: We encourage you to review our Privacy Policy whenever you access or use the Services to stay informed about our information practices, any new changes or related advances, and the ways you can help protect your privacy. If you object to changes we make to this Privacy Policy, you may terminate your account and stop using the Services.

Contact Us
If you have questions or complaints, or want information about the information we have collected, you may contact us at privacy@dpftrackingsystem.com.

Territory-Specific Information
Additional information or resources apply in certain territories. Please read the following information, if applicable to the Relevant Territory in which you live:

Brazil
Brazilian law shall apply to your use of the Services, including specific provisions about privacy. In order to comply with the applicable law, DPFTRAC will store data related to your activities when using the Services, such as access logs, for the term established by Law 12.965/2014 or another updated regulation that replaces or modifies it.

Once you stop using the Services, you may request the deletion of all data related to your use of the Services – this, however, shall not prevent DPFTRAC from complying with the storage obligations set forth by Law 12.965/2014 or another updated regulation that replaces or modifies it.

Germany
Soweit DPFTRAC vorstehend erklärt, nicht verantwortlich zu sein und keine Verantwortung zu übernehmen für jedwede Nutzung Ihrer Informationen durch Dritte oder für die Datenschutzpraktiken jedweder Dritten, so gilt dies nicht für die Haftung von DPFTRAC für Schäden aus der Verletzung des Lebens, des Körpers oder der Gesundheit, die auf einer fahrlässigen Pflichtverletzung von DPFTRAC oder einer vorsätzlichen oder fahrlässigen Pflichtverletzung seiner gesetzlichen Vertreters oder Erfüllungsgehilfen beruhen und dies gilt ferner nicht für die Haftung von DPFTRAC für Schäden die auf einer grob fahrlässigen Pflichtverletzung von DPFTRAC oder auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung der gesetzlichen Vertreters oder Erfüllungsgehilfen von DPFTRAC beruhen.

Canada
To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAAC Consumer Opt-Out page.

For additional information on your rights regarding the collection and use of your personal information, you may contact the Office of the Privacy Commissioner of Canada:

30 Victoria Street
Gatineau, Quebec
K1A 1H3
Toll Free: 1-800-282-1376
Phone: 819-994-5444
Fax: 819-994-5424
TTY: 819-994-6591
www.priv.gc.ca

For additional information on your rights regarding the use of computer programs to collect your personal information, you may contact the CRTC:

Canadian Radio-television and Telecommunications Commission
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Toll Free: 1-877-249-CRTC (2782)
Toll-free TTY: 1-877-909 CRTC (2782)
Tel: 819-997-0313
www.crtc.gc.ca

Europe
Before you will be allowed to register for an account and use the Services which are available to registered users, you must explicitly consent to this Privacy Policy. Except to the extent that our use of your personal information is necessary to provide you with the Services or for billing purposes or applicable law permits our processing of your information without your consent, you may revoke any consent to process your information in the future or object to a specific use of your information (such as for advertising or market/opinion research). At your request, we will also confirm what personal information we hold about you, update or correct your information, remove your information, and fulfil specific opt-out requests. To make such a request, please contact privacy@dpftrackingsystem.com. If you opt out of our collection or use of certain information, however, you may not be able to use some or all of the features of the Service.

The data controller for your personal information is:

DPFTRAC
P.O. Box 1988
Wilmington, California 90748-1988
legal@dpftrackingsystem.com

You may contact our data protection team at dataprotection@dpftrackingsystem.com.

We do not collect information from you for the purposes of advertising if we believe you to be in the European Economic Area (“EEA”).

DPFTRAC may transfer, store, and process your personal information outside the EEA, including in India (for customer support purposes only) and the United States of America. Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of such countries may be accessed at http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.html ). Where your personal information is to be shared outside the countries considered adequate by the European Commission, we take measures to ensure appropriate levels of protection for all such information. This transfer may occur because it is necessary to enable the Services you request, pursuant to contracts in your interest or at your request, or for other legitimate operational and management reasons. By accepting this Privacy Policy and using the Services, you consent to this transfer.

You may lodge a complaint with your territory’s supervisory authority if you have a concern about the manner in which we process your information.

In the European Union, the Minimum Age is 16.

USA
To learn more about how we use your information with our advertising partners to target ads to you, or to opt out of the use of your information for advertising purposes, please visit the DAA Consumer Opt-Out page or the NAI Opt-Out page.

USA: California
California law permits residents of California to request and obtain removal of personal information pertaining to them from online services. It also permits all California residents to request certain details about how their personal information is shared with third parties for direct marketing purposes. To make these types of requests, please contact us at privacy@dpftrackingsystem.com.

Pursuant to California law, you may opt out of the use of your personal information for marketing purposes by updating your cookie settings at www.dpftrackingsystem.com/cookie-settings. DPFTRAC does not sell your personal information to third parties.

Pursuant to California law, residents have the right to receive equal service and pricing from a business. DPFTRAC can’t deny service to those residents who exercise their privacy rights.

Further, California law requires that commercial websites such as ours disclose to residents of the state how we address “do not track” browser settings. There is currently no industry-wide practice or consensus on how to proceed. We therefore do not vary our existing practices when in receipt of “do not track” signals.



______________________
This Terms of Use Agreement (“Agreement”) is a legally binding and valid agreement between you (“you” and “your”) DPFTRAC and RAVHD, (collectively, and with their affiliates, subsidiaries, and assigns, “DPFTRAC,” “our,” “us,” or “we”). DPFTRAC provides various products and services, including mobile and web-based applications for electronically distributing, downloading, and streaming music amd other data processing content (collectively, the “Services”). DPFTRAC provides various products and services, including mobile and web-based applications for electronically distributing, downloading, and streaming music (collectively, the “Services”). This Agreement governs your rights and obligations with respect to your use of and access to the Services.

In certain situations, we make the Services available through partners, including mobile carriers, device manufacturers, app stores, and others (“Partners”). If you have subscribed to or accessed the Services by means of one of our Partners, this Agreement is in addition to any agreement you may have with that Partner, and DPFTRAC may provide the Services to you on behalf of the Partner. This Agreement applies regardless of whether your billing relationship is directly with DPFTRAC, or with a Partner.

Please note that special terms may apply to you depending on the jurisdiction where you reside or happen to be while accessing or using the Services, or the Partner through which you access the Services. These special terms, which may be different from the generally applicable terms in the main body of this Agreement, are found at the end of this Agreement in Section 13.

This Agreement is in addition to the DPFTRAC Privacy Policy and the DPFTRAC End User Licence Agreement, both of which are incorporated herein by reference, and all of which together constitute one agreement whose terms bind and apply to you when you have accepted them. In the event of any conflict or inconsistency between the provisions of this Agreement and the Privacy Policy or the DPFTRAC End User Licence Agreement, the provisions of this Agreement shall control and govern, followed by those of the DPFTRAC End User Licence Agreement, then the Privacy Policy.

By accessing and using the Services, or through your express agreement when requested, you accept this Agreement and you acknowledge and agree that you have read it, that you understand it, and that you consent to be bound by all of its terms and conditions. You represent that you are a resident of a jurisdiction in which the Services are available, and that you have the power to enter into this Agreement (see the Minimum Age requirements below).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.

Accessing and Using the Services
Requirements for Access
Some of DPFTRAC’s Services require a subscription and recurring payment over a specific length of time (e.g. a week, a month, or a year) in order to maintain access to the Services. Other Services may require non-recurring payments to access certain features. Other Services may not require payment from you at all. The available features depend upon the specific Service or tier of Service you use, and will be communicated to you as part of the sign-up or on-boarding process, or built into the software that allows you to access the Services. You may sign up for the Services through one of our Partners, in which case you may be subject to a separate agreement with that Partner, and may be required to make payment (including payment for the Services) directly to the Partner. Many functions of the Services require access to the Internet, and any associated connectivity or data charges are your sole responsibility. You may only use the Services for your personal, non-commercial use.

Registration and Your Account
Some of the Services require you to obtain a DPFTRAC account by completing a registration process either on our website or on one of our mobile apps. If you provide us with required or optional personal information during any applicable registration process, this information must be true, accurate, current, and complete. You may change any of your account information, including your payment method, at any time, and are obligated to update it if it changes. The DPFTRAC Privacy Policy governs all information you provide to us, whether during the registration process or during your access and use of the Services. If you provide us with a payment method, such as a credit card, you represent that you are authorised to use it.

If we suspend or terminate your account, you cannot create another one without our permission. You are solely and entirely responsible for maintaining the confidentiality of your account credentials and for any and all activities that occur under your account. If your account includes sub-accounts (such as for a family plan), you are responsible for payment and compliance with this Agreement for all sub-accounts associated with your account, regardless of who is actually using the sub-accounts. If you believe someone has used your account without your authorisation, you should inform DPFTRAC and set up a new password.

Minimum Age
You must be at least 18 years old or the age of majority in the territory where you reside (whichever is higher) (the “Age of Majority”) to accept this Agreement and create an account without the prior consent of a parent or legal guardian (“Parental Consent”), and at least 13 years old (or the legal minimum to enter into contracts with the consent of a legal representative in the territory where you reside, whichever is higher) (the “Minimum Age”) to accept this Agreement and create an account with Parental Consent. If you are a parent or guardian of a dependent who is above the Minimum Age but below the Age of Majority, and thereby not old enough to accept this Agreement and create an account, you may accept the terms of this Agreement and create an account on behalf of your dependent. In that case, you agree to take responsibility for the actions of your dependent, the charges associated with your dependent’s use of the Services, and your dependent’s compliance with this Agreement. YOU AGREE TO TAKE STEPS AS ARE APPROPRIATE TO ENSURE SUCH COMPLIANCE AND WILL INDEMNIFY AND HOLD DPFTRAC, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS PARTNERS HARMLESS FROM ANY BREACH OF THIS AGREEMENT.

Your Profile
When you register for the Services, you are assigned a user profile, which you may use to organise your favourite music, discover new music, and interact with other users. Certain tiers of the Services may allow for more than one profile per account. You may customise your profile by adding a name, photo, or other information to it. Depending on the privacy settings you choose, your profile may be publicly discoverable and accessible to others (including people who do not use the Services), or it may be private and hidden from others. The DPFTRAC Privacy Policy has more details about the privacy settings for your profile, including the default status, and how we use the information you provide when customising your profile. It is your responsibility to be aware of and control the privacy settings for your profile. You may also be able to link your DPFTRAC profile with other third-party social networks and, for example, post information from your DPFTRAC profile to those networks; the terms applicable to those networks govern your use of them. You are responsible for the content of your profile and any information you post to third-party social networks.

Posting User Content
You are solely responsible for all profile information, data, messages, images, playlists, playlist names, links, communications, images, files, or other materials (collectively “User Content”) you create, post, or otherwise add to the Services. DPFTRAC’s uses of any User Content shall be governed by the DPFTRAC Privacy Policy, and more information is available there about how to control who sees the User Content you post. DPFTRAC is not liable to you for any third-party claims arising from User Content you post on the Services, and you agree to indemnify DPFTRAC for such claims pursuant to Section 9 below.

By posting User Content, you represent that you control the relevant rights to it, and that it does not violate any privacy, publicity, technical, commercial protection, or intellectual property rights of any party, or any applicable law regarding competition, content, or youth protection. DPFTRAC is not liable to you for any claims of infringement of intellectual property rights or other third-party rights arising out of or in connection with any User Content that you post, and you hereby agree to indemnify DPFTRAC in accordance with the terms of Section 9 below, for any such intellectual property and/or third-party claim. You grant DPFTRAC a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, transferable licence to use, display, reproduce, make available to the public, distribute, create derivative works of, modify, translate, delete, or publish all User Content you post (in whole or in part), and a similar licence to use for promotional or commercial purposes all User Content you post and make available publicly, without any obligation to make any payment to you or others or to give you credit, for so long as such User Content remains on the Services. DPFTRAC does not make any claim of ownership to any User Content you post.

Community Guidelines
You must be respectful of others within the DPFTRAC community. You agree that you will not post any User Content that falls into any of the following categories: (a) commercial communications (including, but not limited to, spam, multi-level marketing schemes, or unauthorised advertising); (b) viruses or other malicious, harmful, troublesome, or nuisance code that interferes with another user’s ability to use the Services; (c) solicitation of other users’ login information or account access; (d) content that is abusive, defamatory, hateful, threatening, intimidating, harassing, indecent (including, but not limited to, pornography), fraudulent, misleading, illegal, or violent; (e) content that could disable, overburden, or impair the proper working or appearance of the Services or other third-party services, such as a denial of service attack or interference with page rendering or streaming or other functionality; (f) content that facilitates or encourages violation of this Agreement or DPFTRAC’s other policies; (g) content that impersonates another person (including a recording artist, record label, or music publisher) or is designed to deceive others about the source of the information; (h) content that is associated with attempts to decipher, decompile, or reverse engineer any of the software used to provide the Services; (i) content that encourages or enables any other individual to do any of the foregoing; or (j) content that is, encourages, or makes up part of anything that is, otherwise unlawful ( collectively, the “Prohibited Content”).

Posting of any material that DPFTRAC deems, in its sole discretion, to be Prohibited Content or objectionable in any way, may result in immediate removal of the Prohibited Content and immediate suspension, termination, or permanent deletion of your user account and User Content. DPFTRAC is not responsible for any loss of personal data resulting from termination or permanent deletion of your account. If you have posted Prohibited Content more than twice, you will be deemed a repeat offender, and DPFTRAC may, in its sole discretion, permanently block your access to the Services.

Abuse
DPFTRAC reserves the right, in its sole discretion, to review, edit, restrict, remove, or otherwise approve any User Content, but DPFTRAC is under no general obligation to preventatively monitor or remove any User Content. To the extent DPFTRAC does monitor or remove User Content, the fact that DPFTRAC engages in such monitoring or removal shall not be deemed to make DPFTRAC responsible for or aware of any User Content. DPFTRAC is not responsible for User Content, nor does it endorse any User Content. If you believe any User Content to be inappropriate, please report abuse by contacting help@DPFTRACKINGSYSTEM.com or by following other instructions we may provide, but DPFTRAC is under no obligation to remove even reported inappropriate User Content.

DPFTRAC uses monitoring procedures designed to prevent individuals from unfairly influencing charts or DPFTRAC’s accounting of plays through the Services. DPFTRAC reserves the right to remove any identified or suspected “gaming” plays on the Services both for royalty accounting and charting purposes and to suspend or cancel the account of any user suspected of such “gaming.”

We may, in our sole discretion, remove, disable, edit, and monitor any User Content from the Services for any reason without notice to you or any other user. Violation of any of the terms of this Agreement or the DPFTRAC End User Licence Agreement, including the foregoing restrictions on User Content, may, in DPFTRAC’s sole discretion, result in the suspension or termination of your account. DPFTRAC reserves any and all available rights or remedies. In the event that you violate such terms, and you are (or are acting for the benefit of) a provider of content that appears within the Services, such breach may also result in the removal of such content from the Services and the withholding of royalties related to such content.

Use of the Services While Driving
Always drive alertly and in accordance with road conditions and applicable traffic laws. Any direct interaction with the Services (including, but not limited to, searching for content, selecting content to play, and interacting with other users) is prohibited while driving. If you wish to interact with the Services while driving, you must first stop your vehicle in an appropriate and legal manner and place. You acknowledge that it is your responsibility to comply with all applicable laws when you use the Services in any way while driving, and that your use of the Services in any way while driving is entirely at your own risk. DPFTRAC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE, INJURY, OR ANY OTHER DAMAGE, LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COST, EXPENSE, OR PAYMENT, EITHER IN TORT, CONTRACT, OR ANY OTHER FORM OF LIABILITY, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE WHILE DRIVING.

Subscriptions, Purchases, Trials, and Payment
Subscriptions
Many of the Services are offered on a subscription basis. In exchange for a periodic payment from you (the amount and currency of which is determined based on the specific Services you choose as well as your jurisdiction of residence), you have access to the Services to which you subscribed for a defined period of time (e.g., a week, a month, or a year). Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term for the same period of time. When your subscription automatically renews, your payment method (such as a credit card) will be charged our then-current fees for the applicable subscription on your Billing Date (as defined below). However, if the subscription fee has increased, we will provide at least 30 days’ prior notice through email or in-app messaging. Your “Billing Date” is the date on which we periodically charge your preferred payment method (e.g., on a particular date each month for a monthly subscription; on the anniversary for an annual subscription, etc.). If your normal Billing Date does not exist in a particular month because there are fewer than 31 days in that month, your Billing Date that month will be the last day of the month. If we are unable to successfully charge you for your subscription payment (for example, due to an expired credit card), your subscription will be terminated as of your Billing Date (although you may, of course, provide a new payment method and resume your subscription at any time). If your subscription to the Service is billed through a Partner, your Billing Date will be determined according to the Partner’s policies.

Non-Subscription Purchases
Some of the Services may allow you to make individual purchases of content or features offered as part of the Services or of credits that may be used to unlock content or features. These purchases are separate and distinct from subscriptions, and you may not be required to have a subscription in order to make such purchases, although you may be required to register for an account with DPFTRAC. These purchases may be presented as “in-app purchases,” wherein the purchase is managed and processed not by DPFTRAC, but through the app store (such as iTunes or Google Play) where you acquired the DPFTRAC app. DPFTRAC will make reasonable efforts, within the parameters offered by the app stores, to make you aware when you are about to incur a non-subscription charge, but DPFTRAC is not obligated to do so and hereby disclaims any such obligation. These purchases do not give you ownership of any content. Credits may also be granted to your account without any purchase on your part, based on your activity within the Services. Purchased credits will be redeemed before granted credits.

Free Trials
DPFTRAC may offer you a free trial period during which you can try out the Services for free (a “Free Trial”). DPFTRAC has complete control over the parameters of Free Trials, but they will be communicated to you clearly upon registration. Your Free Trial may be combined with another offer, such as a discounted price for the first month or two of a subscription after your Free Trial. We have sole discretion to determine your eligibility for a Free Trial. Some Free Trials may be based on a number of plays rather than a period of time.

Some Free Trials of subscription-based Services require that you provide us with a payment method prior to initiating the Free Trial. In such cases, you agree that if you have not cancelled your subscription prior to the expiration of your Free Trial, your registered payment method will be automatically charged and your subscription will begin on the first day after the expiration of your Free Trial. If you do cancel your subscription prior to the expiration of your Free Trial, your Free Trial will continue until its designated expiration, but you will not be charged. If your Free Trial does not require you to provide a payment method, you will lose your free access to the Services at the expiration of the Free Trial unless you register for a subscription during the Free Trial, in which case, your payment method will be charged and your subscription will begin on the first day following the expiration of your Free Trial.

Family Plan
The DPFTRAC Family Plan shall be considered part of the Services and subject to the DPFTRAC Terms of Use.

The DPFTRAC Family Plan grants the primary account holder and up to five family members access to subsidiary accounts to the DPFTRAC Family Plan service from the moment that you activate the master account by submitting your user account information and payment details. By submitting your user account information and payment details, you (i) consent to DPFTRAC using your user account information and payment details in accordance with our Privacy Policy, and (ii) acknowledge and agree to the terms and condition of this section. The primary account holder may add or cancel subsidiary accounts.

In order to be eligible for the DPFTRAC Family Plan, the primary account holder and the subsidiary account holders must be family members residing at the same address. The subsidiary account holders will be asked to verify this upon activation.

DPFTRAC reserves the right to terminate or suspend access to the DPFTRAC Family Plan at any time pursuant to the DPFTRAC Terms of Use or if you fail to meet the eligibility criteria. Upon cancellation of your family plan account you will receive an offer from DPFTRAC to activate other DPFTRAC Services.

If you are a holder of a DPFTRAC Premier account, by joining the DPFTRAC Family Plan you acknowledge and agree that no refunds are available for changing from your current Premier plan before the end of your paid subscription period. You will switch immediately to the DPFTRAC Family Plan service and your access to the DPFTRAC will remain uninterrupted.

DPFTRAC may offer you a Free Trial of the Family Plan service. If you have subscribed to a Free Trial of any of the Services within the previous 12 months, you will not be eligible to receive a Free Trial of the DPFTRAC Family Plan service. For the avoidance of doubt, subsidiary account holders who activated their accounts during a Free Trial period are still eligible to subscribe to a Free Trial within a 12 month period.

Special Promotions
Occasionally, we may offer the chance to participate in sweepstakes, contests, surveys, and special offerings (“Special Promotions”) through the Services. Special Promotions may be governed by terms and conditions that are separate from this Agreement. If the provisions of a Special Promotion’s terms and conditions conflict with this Agreement, those separate terms and conditions shall govern the Special Promotion unless expressly stated otherwise.

Cancelling Your Subscription
If you subscribe to the Services directly through DPFTRAC, you may cancel your subscription at any time. Instructions on how to do so are available on our website and mobile apps, or you may contact help@DPFTRACKINGSYSTEM.com. If you cancel your subscription, you will still have access to the Services until the end of the then-current subscription period for which you had previously paid (e.g. week, month, or year). At that point your subscription will end and your payment method will no longer be charged. If you are using the Services without a subscription, you may stop using them at any time. DPFTRAC will not provide any cash refund for any payment you have made for subscriptions, credits, or other purchases unless required to do so by applicable law.

If you subscribe to the Services through a Partner, you must contact the Partner to cancel your subscription, as that Partner may have additional terms and conditions that govern your termination (for example, your access to the Services may be tied to your access to telephone service provided by the Partner).

We will continue to maintain your account after the termination of your subscription, so you can continue to access your information, such as your playlists, and use any free Services we may offer. You may also re-subscribe at any later time, and your information will be right where you left it. You have the right to request that we permanently delete all personally identifiable information associated with your account. To make such a request, please contact help@DPFTRACKINGSYSTEM.com.

Termination by DPFTRAC
We, in our sole discretion, with or without prior notice, and regardless of any agreement you may have with one of our Partners through which you access the Services, may freeze or terminate your account, user name, password, user profile, or use of the Services for any reason, including, without limitation, if we believe that you have infringed upon any rights of another, including intellectual property rights, or violated or acted inconsistently with the letter or spirit of this Agreement, the DPFTRAC Privacy Policy, the DPFTRAC End User Licence Agreement, applicable law (including copyright infringement), or for any other reason.

We may also, in our sole discretion and with or without prior notice, modify or discontinue the provision of any of the Services, or may terminate your access to the Services for convenience. You will be entitled either to continued access to the Services until the end of your then-current billing period, or to a pro-rated refund for any unused period for which you have previously paid, at our discretion. DPFTRAC will not be liable to you or any third party for any interference or termination of your access to the Service. If we terminate your access to the Services, we will notify you as soon as possible.

Subscription Changes
We offer various tiers of the Services, with different features and prices for each. Unless restricted by the Partner through which you access the Services, you may change your Service tier at any time through our website or mobile apps, or by contacting help@DPFTRACKINGSYSTEM.com. Any upgrade or downgrade will be effective immediately, and you will be awarded a credit in the pro-rated amount that you have already paid for the period remaining on your current billing period. Your Billing Date will change, and you will be immediately charged for any fees for your new tier of service in excess of any credit you have been awarded. Your credit will continue to be used up until your credit balance is zero, at which point your payment method will be charged.

No Refunds
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the subscription term during which you terminate your subscription, are non-refundable, except as provided herein. Termination of your subscription shall not relieve you of any obligations to pay accrued and outstanding charges. However, except in unusual circumstances such as fraud or severe violation of the terms of this Agreement, you will be entitled to use the Services for the period for which you have paid in advance, even if you terminate your subscription early.

Methods of Payment
We will provide a summary of any transaction that requires payment before you are obligated to pay. Review the summary carefully and correct any errors you find before finalising your request.

All payments processed by DPFTRAC must be made by an approved payment method, such as a credit card, which will be indicated at the time you provide your payment method. We do not accept cash or checks. As between you and DPFTRAC, you are responsible for paying any amounts for services billed to your payment method by a third party who had access to your payment method (including your credit card number), whether or not such amounts were authorised by you. You agree to pay all fees and charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. If DPFTRAC does not receive payment from your payment method issuer or its agent, you agree to pay all amounts due upon demand by DPFTRAC.

If you access or subscribe to the Services through one of our Partners, your direct billing relationship will be with that Partner, not DPFTRAC. Charges for in-app purchases will be made by the applicable app store, not by DPFTRAC. In these cases, you should consult the terms of the applicable Partner for additional information about payments. DPFTRAC disclaims any responsibility or liability for the processing of any of these purchases.

Late Payments
Your account may be deactivated without notice to you if payment is past due, regardless of the amount of money that you owe. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of your subscription.

Taxes
Unless stated otherwise, if you subscribe to the Services in the United States or Canada, prices exclude all applicable taxes, and outside of the United States and Canada, prices include all applicable taxes. DPFTRAC collects any applicable taxes at the rate in effect at the time your transaction is completed. Contact help@DPFTRACKINGSYSTEM.com if you believe your transaction is exempt from tax.

Payment Method Authorisation
DPFTRAC may seek authorisation of your payment method to validate your ability to pay the applicable fees prior to the first purchase by making a small charge that may reduce your available credit by the authorisation amount until your bank’s next processing cycle. DPFTRAC may validate your name, address, and other personal information you provide during the registration process against the databases of appropriate third parties, including, without limitation, registered credit reporting and fraud-prevention agencies, which may keep records of this type of information. Accepting this Agreement and the DPFTRAC Privacy Policy and End User Licence Agreement means you consent to this verification.

Modifications to Fees or Billing Terms
At any time, DPFTRAC may change the fees and/or billing methods applicable to any of the Services. We will give you at least 30 days’ notice (by email or in-app notification) prior to the effective date of any such change applicable to a subscription for which we automatically charge your payment method each billing period. If any such change is unacceptable to you, you may terminate your subscription by contacting help@DPFTRACKINGSYSTEM.com. Your continued use of the Services following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.

Customer Support
Billing and Payment Issues
If you subscribe to or access the Services directly through DPFTRAC, DPFTRAC is solely responsible for billing and payment issues related to your account. Contact DPFTRAC customer support at help@DPFTRACKINGSYSTEM.com. If your access to the Services is billed through one of our Partners, that Partner is solely responsible for billing issues related to your subscription, and you should contact them for customer service related to billing and payment issues.

Other Issues
Regardless of who maintains your billing relationship, DPFTRAC is responsible for all customer service issues other than billing and payment, including technical help and issues related to your account. Contact DPFTRAC customer service at help@DPFTRACKINGSYSTEM.com.


Vendor Contracts and Agreements Terms
The parties have entered into this Agreement, which begins upon registration signup on the DPFTRAC web portal and except as amended and provided in writing by DPFTRAC, the agreement shall continue in perpetuity or until terminated by either parties with written notice. During the length of this agreement, DPFTRAC will use and implement tracking mechanisms in order to track VENDOR's referred OEM and aftermarket manufacturers, vendors and the users' activity. Seven percent (7%) of total sales, minus credit or other processing fees and applicable sales tax at checkout, will be paid to DPFTRAC, NET30 days of the date for each verified and qualified transaction processed through the DPFTRAC Web Portal. Going forward when DPFTRAC adds VENDOR's house account, VENDOR will pay DPFTRAC 5% of the total sales, less credits or other processing fees and applicable sales tax, NET30 days of the date for each verified and qualified transaction processed through the DPFTRAC Web Portal. B2B and B2C transactions will vary. B2B and B2C qualifying transaction activities within the DPFTRAC Web Portal will be reported as compensation for VENDOR and DPFTRAC.

VENDOR understand and agree and so stipulate that any information or material they come into contact during this partnership, which material has not been previously published, shall be deemed of a confidential nature. VENDOR shall not at any time, in any fashion, nor any manner either directly or indirectly divulge, disclose or communicate to any person, firm or corporation such information or material. VENDOR further stipulate that such confidential information or materials are important and must not be breached. Violation of this clause will result in VENDOR termination from the DPFTRAC Portal and DPFTRAC may pursue compensatory relief for a breach.

VENDOR may grant access to and demonstrate some designated pages of the DPFTRAC Web Portal. This contract strictly forbids anyone from duplicating, reproducing, reverse engineering or coping any or all content, processes, data, reports, et. al. contained within the DPFTRAC Web Portal.

Intellectual Property Rights
The Services, including the available content, our web sites, and our mobile applications (collectively, the “Content”), are the property of DPFTRAC or its licensors and are protected by copyright and other intellectual property laws. Except as expressly provided in this Agreement, you are not granted any rights or licence to patents, copyrights, trade secrets, trademarks, or moral rights with respect to the Services or the Content. DPFTRAC and its licensors reserve all rights not expressly granted under this Agreement. Except as necessary to use the Services, you agree not to (i) reproduce, record, retransmit, redistribute, disseminate, sell, rent, lend, broadcast, make available, communicate to the public, publicly perform, adapt, sub-license, circulate to any third party, or create derivative works of the Content, (ii) use any automated system for the selection, download, streaming, or electronic distribution of Content, or (iii) exploit the Content for commercial purposes. Because the Services are designed for personal use, you are not allowed to use any automated system for the selection, download, streaming, or electronic distribution of files.

You agree to indemnify and hold DPFTRAC harmless for any claims of infringement of intellectual property rights or any other third-party rights related to your account or User Content you post, in accordance with the terms of Section 9 below.

Copyright Infringement
We respect the intellectual property rights of our artists and content providers. If you are a copyright holder who believes that any content available on the Services infringes upon your rights, please let us know. Notice of alleged copyright infringement should be sent to DPFTRAC’s designated copyright agent at the following address (email is preferred):

legal@DPFTRACKINGSYSTEM.com.

A notification of claimed copyright infringement must be addressed to DPFTRAC’s copyright agent listed above and substantially include the following:

A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright that is allegedly infringed upon;

Specific identification of each copyrighted work claimed to have been infringed upon;

The hyperlink or URL on DPFTRAC’s website of the material claimed to be infringed upon (if you do not have access to a link or URL, please give a detailed description of where the material is located) on DPFTRAC’s website;

Contact information for the complaining party, such as a complete name, address, telephone number, and email address;

A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorised by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

DPFTRAC may, in accordance with our own policy, terminate the accounts of users who are found to be repeat infringers of copyright.

Interruptions and Modifications to the Services
DPFTRAC will make reasonable efforts to keep your account and the Service(s) operational. However, you understand and agree that certain technical difficulties, maintenance, or other circumstances (including force majeure events outside our control) may, from time to time, result in temporary interruptions. DPFTRAC will make reasonable efforts to notify you in advance of any anticipated downtime that will exceed one hour.

DPFTRAC also reserves the right, in its sole discretion, to modify or discontinue, temporarily or permanently, functions and features of the Services with or without notice. The content available on the Services may change from time to time due to licensing or other limitations. DPFTRAC reserves the right, in its sole discretion, to change or remove content at any time.

DPFTRAC shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of the Services or the Content.

Disclaimer of Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND DPFTRAC, ITS CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND ITS DISTRIBUTION AND SYNDICATION PARTNERS, AS APPLICABLE (COLLECTIVELY, THE “DPFTRAC ENTITIES”), EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND FOR THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

USE OF THE SERVICES IS AT YOUR OWN RISK. THE DPFTRAC ENTITIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE COMPLETE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE, FREE OF VIRUSES, ERROR FREE OR THAT DEFECTS OF ANY KIND WILL BE CORRECTED. THE DPFTRAC ENTITIES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, AND NO ORAL OR WRITTEN ADVICE, RELEASE OR INFORMATION PROVIDED BY THE DPFTRAC ENTITIES TO YOU SHALL CREATE A WARRANTY. FURTHER, THE DPFTRAC ENTITIES MAKE NO WARRANTY THAT THE SERVICES WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL THE SERVICES AND STOP USING THEM.

Limitation of Liability
General
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE DPFTRAC ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR AFFILIATES, SHALL NOT BE LIABLE FOR PERSONAL INJURY, OR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, PECUNIARY LOSS, LOSS OF INFORMATION OR DATA, BUSINESS OR PERSONAL USE INTERRUPTION OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DPFTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE DPFTRAC ENTITIES BE LIABLE FOR ANY CLAIMS OR DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO DPFTRAC DURING THE PREVIOUS 12 MONTHS (THE “REFUND”). THE REFUND WILL BE PROVIDED TO YOU WITHOUT CHARGE, EXCEPT YOU ARE RESPONSIBLE FOR ANY EXPENSES YOU MAY INCUR IN RELATION TO RECEIVING IT. THE FOREGOING LIMITATIONS SHALL APPLY AT ALL TIMES, REGARDLESS OF WHETHER THE REFUND REMEDY FAILS OR IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

Subscriptions through a Partner
If you have subscribed to the Services through one of our Partners, you understand that the Partner is your contracting party and the terms of any agreement you have with the Partner governs your relationship with them. DPFTRAC is not responsible or liable for any defect or other violation under your agreement with our Partner, and any of your claims arising from that agreement shall be asserted against the Partner.

Indemnification
To the extent allowable by applicable law, you agree to defend, indemnify, compensate, and hold DPFTRAC, its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, service providers, distributors, licensors, agents, successors, assigns, Partners, and other representatives (as well as their officers, employees, and agents) harmless from all third-party claims, judgments, liabilities, expenses, costs or related penalties, including, without limitation, reasonable attorneys’ fees, arising out of, resulting from or in any way connected to (a) any User Content you post on the Services, (b) your access to, use of, or misuse of the Services or the Content, (c) your breach of this Agreement, or (d) your violation of any law, regulation, intellectual property, or other rights of a third party.

Changes to this Agreement
We may, at our sole discretion, change this Agreement from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this Agreement, and for significant changes, we may provide you with additional notice (such as by sending you a notification) or ask you to explicitly accept the new version of this Agreement. Any changes will become effective 14 days after notification. If you object to any of the changes, you may terminate your account and stop using the Services. If we do not ask you to explicitly consent to the changes, your continued use of any Service or your explicit consent following a change will constitute your binding acceptance of the change.

Dispute Resolution and Arbitration
Applicable Law
Unless otherwise specified in Section 13 below (as in the case of Brazilian or European consumers), this Agreement shall be construed in accordance with and governed by the laws of the State of Washington, United States of America, without regard to choice or conflicts of laws principles (the “Applicable Law”). This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Final and Binding Arbitration
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DPFTRAC HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL IN ANY APPLICABLE JURISDICTION. Any and all disputes, controversies or claims (collectively, “Claims”) arising under or relating to the breach, interpretation or application of the terms of this Agreement or any extension or modification of the Agreement, regardless of the applicable legal theory, shall be exclusively resolved by a single arbitrator through final, binding and confidential arbitration, as follows:

If you are a resident of the United States of America, any arbitration between you and DPFTRAC will be administered by the American Arbitration Association under its then-current Commercial Arbitration Rules (available here), as modified by this Agreement;

If you are a resident of a member state of the European Union, the provisions of this Section 11(b) through (h) do not apply to you – please see Section 13;

If you are a resident of any other territory, any arbitration between you and DPFTRAC will be administered by the International Chamber of Commerce, under its then-current Rules of Arbitration (available here ), as modified by this Agreement.

Any arbitrator so appointed shall adhere to the Applicable Law and applicable rules of arbitration (the “Arbitration Rules”), and shall be empowered to (i) determine the appropriate venue for the arbitration or the method for conducting the arbitral process (such as by written submissions or telephonic hearings) in lieu of the parties meeting at a physical venue, upon considering the territorial location of the parties, (ii) award actual money damages (but not punitive damages) against the party found to have violated this Agreement, and (iii) grant in his or her award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms. Except as otherwise provided in this Agreement, the arbitrator’s decision will be final. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction, provided that any award may be challenged if the arbitrator fails to follow the Applicable Law.

Arbitration Process
If your Claim is for US$10,000 or less, DPFTRAC agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the applicable Arbitration Rules. If your Claim exceeds US$10,000, the Arbitration Rules will determine the right to a hearing.

Arbitration Fees and Awards
The cost of any arbitration shall be borne equally by the parties, except that each party shall be responsible for its own attorneys’ fees. If the arbitrator rules in your favour, then DPFTRAC will pay you the greater of (i) the amount of the award stated by the arbitrator, (ii) the amount of DPFTRAC’s most recent written settlement offer, or (iii) US$1,000.

Class Action Waiver
You and DPFTRAC both agree that each may only bring a Claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and DPFTRAC agree otherwise, no judge or arbitrator may consolidate more than one person’s Claims or otherwise preside over any form of representative or class proceeding.

Prior Negotiations
Before initiating any arbitration or proceeding, you and DPFTRAC may agree to first attempt to negotiate any Claim informally for at least 30 days; provided, however, the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or DPFTRAC’s intellectual property rights; and (ii) any Claims related to allegations of theft, piracy or unauthorised use of the Service. A party who intends to seek such negotiation must first send to the other, by certified mail or commercial delivery service, a written Notice of Dispute (“Notice”). The address to send a Notice to DPFTRAC is RAVHD, Legal Department, P.O. Box 1988 Wilmington, Ca 90278-1988. The Notice must (i) describe the nature and basis of the Claim, and (ii) set forth the specific relief sought.

Exceptions to Arbitration
Notwithstanding anything to the contrary in this section, either party may, in lieu of arbitration, assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in this Agreement, some of these provisions may not apply to you.

Severability
With the exception of the sub-sections 11(a) and (b), if any portion of this Section 11 is found to be illegal or unenforceable or excessively broad as to duration, geographical scope or activity, then that portion shall be construed so that the remaining portions of this section shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad portion shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable. If nonetheless, the portion of this section is considered to be illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If either or both of sub-sections 11(a) or (b) are found to be illegal or unenforceable, then, unless otherwise required by applicable law, any such Claim will be exclusively decided by a court of competent jurisdiction within Seattle, State of Washington, USA, and you and DPFTRAC agree to submit to the venue, personal and subject-matter jurisdiction of that court.

General
No delay or failure to take action under this Agreement shall constitute any waiver by DPFTRAC of any provision of this Agreement. Any waiver by DPFTRAC of any of the provisions of this Agreement must be express and in writing, and will not mean that DPFTRAC will waive any other provision in another situation.

If any portion of this Agreement is held to be invalid or unenforceable, or excessively broad as to duration, geographical scope or activity, then that portion shall be construed so that the remaining portions of this Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad portion shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. If nonetheless, a portion of this Agreement is considered to be unenforceable by a court of competent jurisdiction, then the remainder of the Agreement shall continue in full force and effect.

This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. To the extent permitted by applicable law, DPFTRAC may assign this Agreement as it deems appropriate for any reason at any time. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (along with all documents expressly incorporated herein by reference, including, but not limited to, the DPFTRAC Privacy Policy and the DPFTRAC End User Licence Agreement ) and any terms related to a Special Promotion that you agree to, constitute the entire and exclusive Agreement between you and DPFTRAC and supersede and replace any and all prior oral or written understandings or agreements between DPFTRAC and you.

Except as expressly stated in this Agreement, a person who is not party to this Agreement shall not have any rights under or in connection with it.
This Agreement may be available in various translations, but to the extent allowable by applicable law, the English version controls. If another translation applies to you, you acknowledge that this Agreement was written in English and translated into other languages, and translation errors may exist.

Except as expressly stated in this Agreement, a person who is not party to this Agreement shall not have any rights under or in connection with it.

This Agreement may be available in various translations, but to the extent allowable by applicable law, the English version controls. If another translation applies to you, you acknowledge that this Agreement was written in English and translated into other languages, and translation errors may exist.

You may contact us at legal@DPFTRACKINGSYSTEM.com.

NOTE: DPFTRAC® are trademarks of RAVHD

Territory- and Partner-Specific Information
Additional information or resources apply in certain territories, or when you access the Services through certain Partners. Please read the following information for the territory in which you reside or the Partner through which you access the Services:



Brazil
You have the right to withdraw from this Agreement and cancel your subscription to the Service for a full refund only if: (1) you notify us of such cancellation within the first 14 days after registration, and (2) you have never logged into your account on the Service or otherwise begun transmitting music through the Services. If you withdraw, you will receive a reimbursement of the full price you paid for the Services, as soon as possible under our reimbursement policy, (usually within 30 days after the day of cancellation).

This Agreement shall be governed by the laws of Federative Republic of Brazil, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the courts of the city of São Paulo, state of São Paulo. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Brazilian law shall apply to your use of the Services, including specific provisions about privacy. In order to comply with the applicable law, DPFTRAC will store data related to the activities performed by You when using Services such as, but not limited to, access logs, for the term established by Law 12.965/2014 or other updated regulation that replaces or modifies it.

Once you stop accessing and using the Services, you may request the exclusion of all data related to your use of the Services; this, however, shall not prevent DPFTRAC from complying with the storage obligations set forth by Law 12.965/2014 or other updated regulation that replaces or modifies it.

Pursuant to Brazilian copyright law (Law 9.610/1998, Article 29, VII), the Services provided by DPFTRAC are considered electronic and interactive music distribution.

If requested by a specific court order or in situations authorised by law, DPFTRAC may disclose your information to third parties.

California
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice, which is hereby offered as a convenience to you:

The name, address of the provider of this service is Rhapsody International Inc., 1411 4th Avenue, Suite 1200, Seattle, WA 98101. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to help@DPFTRACKINGSYSTEM.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

Europe
Applicable Law and Jurisdiction
The choice of law provision of Section 11(a) shall not deprive you of the protection afforded to you by the law of the country of your habitual residence.

If you are a resident of a member state of the European Union, the provisions of Section 11(b) through (h) do not apply in respect of the applicable jurisdiction. You may bring proceedings against DPFTRAC either in the courts of the member state in which DPFTRAC is domiciled or, regardless of the domicile of DPFTRAC, in the courts for the place where you are domiciled.

Acceptance
Notwithstanding anything to the contrary in this Agreement, in order for you to be bound by this Agreement or modifications or updates to this Agreement, you will be required to explicitly accept and agree to the new version of this Agreement.

Withdrawal
Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter or e-mail), at:

DPFTRAC
P.O. Box 1988
Wilmington, California 90748-1988

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

You may use the model withdrawal form below, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal in a durable medium (e.g. by email) without delay.

MODEL WITHDRAWAL FORM

Attn: DPFTRAC
P.O. Box 1988
Wilmington, California 90748-1988

I/We hereby give notice that I/We withdraw from my/our contract for the provision of the following service: DPFTRAC
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):



Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Refund for Advance Payments
You are entitled to a refund of some or all of your payments made in advance if DPFTRAC has breached these terms, if DPFTRAC terminates your account, if you terminate your subscription due to serious malfunction or prolonged suspension of the Services, if you terminate your subscription immediately following and as a direct result of modification of prices or other terms of this Agreement by DPFTRAC, or if required by mandatory applicable laws.

Language Version
This Agreement may be available in various translations. If you reside in Europe, if there is a version available in your native language, that version is applicable to you. You acknowledge that this Agreement was written in English and translated into other languages, and translation errors may exist.

Denmark
You have the right to complain to the Consumer Complaints Board. Before submitting a complaint to The Consumer Complaints Board you must first attempt to solve the problem directly with us. More information about the complaint process, as well as online submission of complaints, are available to the Consumer Complaints Board’s website, at www.forbrug.dk.

France
Article L.136-1 of the French Consumer Protection Code provides protection to French consumers with regard to automatically renewing contracts, but you may cancel your subscription with DPFTRAC at any time for any reason.

Any dispute, controversy, or claim arising under, out of, or relating to this Agreement, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach, or termination, shall be submitted to mediation, under a mediator jointly selected by the parties.

Germany
Posting User Content

The licence granted by you in Section 1(e) is valid only as long as you allow the publication of the User Content and the User Content is not deleted by you or by DPFTRAC (upon your request and after a reasonable period of time), and does not include the right to create derivative works of or to modify the User Content or the right to use your User Content for promotional or commercial purposes.

Warranty

To the extent the Services are defective, you are entitled to your statutory rights under German law, notwithstanding anything to the contrary in the Agreement.

Limitation of Liability

Notwithstanding anything to the contrary in the Agreement, DPFTRAC or its legal representatives or agents may be liable without limitation for:

damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by DPFTRAC or by DPFTRAC´s legal representatives or by DPFTRAC´s vicarious agents;

any other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent from DPFTRAC or DPFTRAC´s legal representatives or DPFTRAC´s vicarious agents;

damages under Germany’s Product Liability Act insofar as DPFTRAC has assumed a guarantee for the quality;

damages that have arisen due to slightly negligent violation of essential contractual obligations by DPFTRAC or one of DPFTRAC’s vicarious agents in connection with the use of the Service only to the extent of the typical contractual foreseeable damage;

Otherwise, the limitations of DPFTRAC’s liability described in this Agreement apply.

Alternative Dispute Resolution

DPFTRAC is not willing and not obligated to participate in dispute resolution procedures before bodies responsible for out-of-court settlement of consumer disputes.

Italy
Pursuant to the provisions of chapter I of Title III of Part III of Legislative Decree n. 206 of 6 September 2005, you have the non-waivable rights to submit and/or defend your claim, demand, or action arising out of or in connection with your non-waivable rights under articles 48 to 67 of Legislative Decree n. 206 of 6 September 2005 before (i) the Autorità Garante della Concorrenza e del Mercato, (ii) the tribunal of your place of residence or domicile, or (iii) where applicable, the alternative dispute resolution or mediation competent authorities as provided by articles 66, paragraph 5 and 66-quater, paragraph 3 of Legislative Decree n. 206 of 6 September 2005.

Introduction End User License Agreement
This DPFTRAC End User Licence Agreement (Agreement) is a legally binding and valid agreement between you (“you” and “your”) DPFTRAC andRAVHD, (collectively, and with their affiliates, subsidiaries, and assigns, “DPFTRAC,” “our,” “us,” or “we”). DPFTRAC provides various products and services, including mobile and web-based applications for electronically distributing, downloading, and streaming music content (collectively, the “Services”). DPFTRAC provides various products and services, including mobile and web-based applications for electronically distributing, downloading, and streaming music (collectively, the “Services”). This Agreement governs your use of the mobile, web, and/or desktop applications and widgets distributed by DPFTRAC, which allow access to the Services (collectively, the “Application”) by means of a Device (a “Device” includes but is not limited to desktop and laptop computers, tablets, mobile phones, wearables, smart speakers, smart televisions, home audio devices, or any other device capable of Internet connection).

By installing or using the Application, or through your express agreement when requested, you accept this Agreement and you acknowledge and agree that you have read it, that you understand it, and that you consent to be bound by its terms and conditions. You accept that you have the authority and the capacity to be bound by the terms of this Agreement. In addition to the Services, the Application is integrated with third-party products and services, and these third-party beneficiaries may enforce the provisions in this Agreement.

Please note that special terms may apply to you depending on the territory where you live; these special terms are found at the end of this document.

Use or installation of the Application constitutes acceptance of this Agreement, or you may accept it explicitly. If you do not agree to the terms of this Agreement, or if you fail to abide by its terms, you are not licensed to use the Application, and you must not use the Application or install it on any Devices. As a condition to your use of the Application and the Services, you hereby acknowledge that you comply and will continue to comply with all laws, rules, and regulations applicable to your use in the territory where you use them, and that you reside in a territory where the Services are available.

Grant of Licence
DPFTRAC hereby grants to you a limited, non-exclusive, revocable, non-transferable licence to use the Application solely for your own personal, noncommercial use, on Devices under your ownership and control, not for use in the operation of a business or for the benefit or any other person or entity, and subject to the terms of this Agreement.

The Application is licensed, not sold. You do not own the Application in any form, and DPFTRAC retains ownership of the Application even after installation on your Device. The rights that are licensed to you under this Agreement are limited to those expressly granted in this Agreement, and DPFTRAC reserves all other rights.

You may install and use one copy of the Application on each Device. The number of Devices on which you may install and use the Application is determined by the tier of the Services to which you have subscribed. You may not exceed the number of Devices authorised by your tier of the Services or circumvent the technical limitations in the Application that limit the number of Devices on which you may install the Application.

As a condition of your licence, you may not:

access any subscription-based features of the Application unless you have paid the applicable subscription fee and agreed to the DPFTRAC Terms of Use or are accessing the features as specifically permitted during a free trial period;

copy, modify, translate, reverse engineer, decompile, disassemble, otherwise attempt to derive the source code of, tamper with, obtain or use a “dev key” for, or create derivative works based upon the Application, including the content made available on the Services (the “Content”), or any portion thereof;

sell, rent, lease, sub-lease, sub-license, transfer, distribute, broadcast, display or otherwise assign any rights to the Application, the Services, or the Content to any third party;

remove any proprietary notices or labels on the Application;

work around any technical limitations or access control measures in the Application;

use any automated means (including scripts, bots, spiders, scrapers, viruses, worms, crawlers or similar software) to access or use the Application;

use the Application for reasons other than your personal, non-commercial purposes, including without limitation the excessive and/or repeated playing of Content (for the apparent purpose of increasing royalties paid or ratings as applied to such Content);

copy, modify, erase, or damage any information contained on computer servers used or controlled by DPFTRAC or any third party used in connection with the Application or the Services;

use the Application to violate any law or legal right of any third party, including any publicity, privacy, or intellectual property rights;

take any action that is harassing, defamatory, abusive, tortious, threatening, obscene, harmful or otherwise objectionable;

use any data mining, robots, or similar data gathering and or extraction tools in connection with the Application;

use the Application or the Services to obtain personal information about any Application user, or to obtain a list of Application users;

use the Application or the Services to post or transmit any unsolicited advertising or promotional materials;

access the Application or the Services in order to create, contribute to, or improve a competing service;

interrupt, destroy or limit the functionality of the Application or the Services; or

impersonate or misrepresent your affiliation with any person or entity in regard to the Application or the Services.

Violation of any of the restrictions or obligations in this Agreement may result in the termination of your licence to use the Application. DPFTRAC reserves any and all rights or remedies that may be available in the event of your breach of this Agreement.

Updates and Access
DPFTRAC may issue updates to the Application from time to time. You agree that the Application may automatically download and install such updates, and you agree that this Agreement, as amended from time to time, will apply to all such updated versions of the Application, unless such updated versions are released with a separate licence agreement. It is your responsibility to ensure you have the latest update of the Application.

The Application will operate only on those hardware and software platforms specified in the Application documentation. It is your responsibility to provide compatible platforms for the Application. DPFTRAC may add or remove support for specific platforms at any time with or without notice, and with or without a new update

DPFTRAC may, in its sole discretion, change, suspend, remove, or disable access to the Application or the Services at any time with or without notice. DPFTRAC (and not any app store, device manufacturer, or operating system provider) will be solely responsible for support of, claims related to, and updates to the Application.

Title to Intellectual Property
The Application (including all past and future iterations of it) is protected by intellectual property laws, including, without limitation, copyright, patent, trademark, trade secret, and industrial design law. DPFTRAC retains all title and ownership rights in the Application. Except as expressly stated in this Agreement, DPFTRAC does not grant any express or implied right or licence to you under any patent, copyright, trademark, trade secret, or industrial design rights of DPFTRAC.

The Content served by DPFTRAC or third parties through the Application and the Services is the property of DPFTRAC, its licensors, or its partners. Title, ownership rights and intellectual property rights in and to such Content belong to DPFTRAC or these third parties. This Agreement gives you no ownership interest in the Content (including Content that is downloaded to your Device), and you may not infringe the intellectual property rights of others. You are solely responsible for the investigation, defense, settlement and discharge of any claim against you based on your use of the Application or Content.

Linked Services
The Application may make third-party web sites, web pages, products, services, and advertisements available to you via links (“Linked Services”), and these Linked Services may have their own applicable agreements or terms. DPFTRAC is not responsible or liable for the features or content of any Linked Services, and the links to them in the Application do not imply DPFTRAC’s endorsement of them. Your access to any of the Linked Services is entirely at your own risk, and you are solely responsible for any consequences of accessing any Linked Services, as well as for viewing and abiding by any applicable agreements or terms.

Beta Releases
From time to time, DPFTRAC may make available to you a version of the Application containing certain new and pre-released features, functionality, applications, or services (“Beta Releases”). Beta Releases may contain different, fewer, or more features than the current commercial release of the Application or any future release. Beta Releases are not intended for wide commercial release and may contain errors affecting their proper operation. You use Beta Releases at your own risk. DPFTRAC may change or discontinue Beta Releases at any time or choose to never make them commercially available.

Disclaimer of Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND DPFTRAC, ITS CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, AND ITS PARTNERS, AS APPLICABLE (COLLECTIVELY, THE “DPFTRAC ENTITIES”) EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND FOR THE APPLICATION OR THE SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

USE OF THE APPLICATION AND THE SERVICES IS AT YOUR OWN RISK. THE DPFTRAC ENTITIES MAKE NO WARRANTY THAT THE APPLICATION AND THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APPLICATION AND THE SERVICES WILL BE COMPLETE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE, VIRUS-FREE, ERROR-FREE, OR THAT DEFECTS OF ANY KIND WILL BE CORRECTED. THE DPFTRAC ENTITIES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE APPLICATION, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE APPLICATION, AND NO ORAL OR WRITTEN ADVICE, RELEASE OR INFORMATION PROVIDED BY THE DPFTRAC ENTITIES TO YOU SHALL CREATE A WARRANTY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APPLICATION OR THE SERVICES IS TO UNINSTALL THE APPLICATION AND STOP USING IT.

Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE DPFTRAC ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS OR AFFILIATES SHALL NOT BE LIABLE FOR PERSONAL INJURY, OR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, PECUNIARY LOSS, LOSS OF INFORMATION OR DATA, BUSINESS OR PERSONAL USE INTERRUPTION, OR ANY OTHER COMMERCIAL OR PERSONAL DAMAGE OR LOSS), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE APPLICATION AND THE SERVICES, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DPFTRAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE DPFTRAC ENTITIES BE LIABLE FOR ANY CLAIMS OR DAMAGES IN EXCESS OF THE AMOUNT YOU PAID TO DPFTRAC DURING THE PREVIOUS 12 MONTHS (YOU WILL BE RESPONSIBLE FOR ANY EXPENSES YOU MAY INCUR IN RELATION TO RECEIVING THIS AMOUNT). THE FOREGOING LIMITATIONS SHALL APPLY AT ALL TIMES, REGARDLESS OF WHETHER THE SPECIFIED REMEDY FAILS OR IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.

Indemnity
You will indemnify, hold harmless, and defend DPFTRAC and its parents, shareholders, subsidiaries, affiliates, officers, directors, employees, service providers, distributors, licensors, agents, successors, assigns and other representatives, from all third-party claims, judgments, liabilities, expenses, costs or related penalties, including, without limitation, reasonable attorneys’ fees, arising out of, resulting from or in any way connected to your breach of this Agreement or your illegal acts or omissions.

Termination
DPFTRAC, at its sole discretion, at any time, with or without notice, and for any or no reason, may terminate this Agreement or suspend your access to the Application. Upon termination of this Agreement, you will immediately cease use of the Application and will delete all copies of the Application you have made.

Modification
DPFTRAC, at its sole discretion, may change the terms of this Agreement from time to time, without notice. The most current version of this Agreement will be effective immediately upon release, and will supersede all previous versions. You accept any and all modifications by continuing to use the Application.

Assignment
You may not assign this Agreement, any portion of it or any of your rights or obligations under the Agreement to any third party, whether by direct transfer, sub-licence or any other means. Any purported assignment of this Agreement or any portion of it, by you, shall be null and void. To the extent permitted by applicable law, DPFTRAC may, at its sole discretion and without any recourse to you, freely assign this Agreement, any portion of it or any of its rights or obligations under it.

Applicable Law, Dispute Resolution, and Arbitration
Applicable Law
Unless otherwise specified in Section 15 below (as in the case of Brazilian or European consumers), this Agreement shall be construed in accordance with and governed by the internal laws of the State of Washington, United States of America, without regard to choice or conflicts of laws principles (the “Applicable Law”). This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Final and Binding Arbitration
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DPFTRAC HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL IN ANY APPLICABLE JURISDICTION. Any and all disputes, controversies or claims (collectively, “Claims”) arising under or relating to the breach, interpretation or application of the terms of this Agreement or any extension or modification of the Agreement, regardless of the applicable legal theory, shall be exclusively resolved by a single arbitrator through final, binding and confidential arbitration, as follows:

If you are a resident of the United States of America, any arbitration between you and DPFTRAC will be administered by the American Arbitration Association under its then-current Commercial Arbitration Rules (available here), as modified by this Agreement;

If you are a resident of a member state of the European Union, the provisions of this Section 13(b) through (h) do not apply to you – please see Section 15;

If you are a resident of any other territory, any arbitration between you and DPFTRAC will be administered by the International Chamber of Commerce, under its then-current Rules of Arbitration (available here ), as modified by this Agreement.

Any arbitrator so appointed shall adhere to the Applicable Law and applicable rules of arbitration (the “Arbitration Rules”), and shall be empowered to (i) determine the appropriate venue for the arbitration or the method for conducting the arbitral process (such as by written submissions or telephonic hearings) in lieu of the parties meeting at a physical venue, upon considering the territorial location of the parties, (ii) award actual money damages (but not punitive damages) against the party found to have violated this Agreement, and (iii) grant in his or her award, injunctive or other types of equitable relief, to enforce specific performance of this Agreement, and to prevent any continuing or further violation of its terms. Except as otherwise provided in this Agreement, the arbitrator’s decision will be final. Judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction, provided that any award may be challenged if the arbitrator fails to follow the Applicable Law.

Arbitration Process
If your Claim is for US$10,000 or less, DPFTRAC agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the applicable Arbitration Rules. If your Claim exceeds US$10,000, the Arbitration Rules will determine the right to a hearing.

Arbitration Fees and Awards
The cost of any arbitration shall be borne equally by the parties, except that each party shall be responsible for its own attorneys’ fees. If the arbitrator rules in your favor, then DPFTRAC will pay you the greater of (i) the amount of the award stated by the arbitrator, (ii) the amount of DPFTRAC’s most recent written settlement offer, or (iii) US$1,000.

Class Action Waiver
You and DPFTRAC agree that each may only bring a Claim against the other in an individual capacity, and not as a plaintiff or class member in any purported class action or other representative proceeding. Further, unless you and DPFTRAC agree otherwise, no judge or arbitrator may consolidate more than one person’s Claims or otherwise preside over any form of representative or class proceeding.

Prior Negotiations
Before initiating any arbitration or proceeding, you and DPFTRAC may agree to first attempt to negotiate any Claim informally for at least 30 days; provided, however, the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or DPFTRAC’s intellectual property rights; and (ii) any Claims related to allegations of theft, piracy or unauthorised use of the Application. A party who intends to seek such negotiation must first send to the other, by certified mail or commercial delivery service, a written Notice of Dispute (“Notice”). The address to send a Notice to DPFTRAC is Rhapsody International Inc., Legal Department, 1411 4th Avenue, Suite 1200, Seattle, WA 98101 USA. The Notice must (i) describe the nature and basis of the Claim, and (ii) set forth the specific relief sought.

Exceptions to Arbitration
Notwithstanding anything to the contrary in this section, either party may, in lieu of arbitration, assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in this Agreement, some of these provisions may not apply to you.

Severability
With the exception of the sub-sections 13(a) and (b), if any portion of this Section 13 is found to be illegal or unenforceable or excessively broad as to duration, geographical scope or activity, then that portion shall be construed so that the remaining portions of this section shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad portion shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable. If nonetheless, the portion of this section is considered to be illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If either or both of sub-sections 13(a) or (b) are found to be illegal or unenforceable, then any such Claim will be exclusively decided by a court of competent jurisdiction within Seattle, State of Washington, USA, and you and DPFTRAC agree to submit to the venue, personal and subject-matter jurisdiction of that court.

General
No delay or failure to take action under this Agreement shall constitute any waiver by DPFTRAC of any provision of this Agreement. Any waiver by DPFTRAC of any of the provisions of this Agreement must be express and in writing, and will not mean that DPFTRAC will waive any other provision in another situation.

If any portion of this Agreement is held to be invalid or unenforceable, or excessively broad as to duration, geographical scope or activity, then that portion shall be construed so that the remaining portions of this Agreement shall not be affected, but shall remain in full force and effect, and any such illegal or overly broad portion shall be deemed, without further action on the part of any party, to be modified, amended and/or limited, but only to the extent necessary to render the same valid and enforceable in the applicable jurisdiction. If nonetheless, a portion of this Agreement is considered to be unenforceable by a court of competent jurisdiction, then the remainder of the Agreement shall continue in full force and effect.

This Agreement may be available in various translations, but to the extent allowable by applicable law, the English version controls. If another translation applies to you, you acknowledge that this Agreement was written in English and translated into other languages, and translation errors may exist.

Your use of the Application and the Services is also governed by DPFTRAC’s Terms of Use and Privacy Policy. If you have any questions or concerns, please contact us at help@DPFTRAC.com.

Territory-Specific Information
Additional information or resources apply in certain territories. Please read the following information for the territory in which you live:

Brazil
This Agreement shall be governed by the laws of Federative Republic of Brazil, without regard to or application of any choice of law or conflict of laws provisions. You consent to the exclusive jurisdiction of the courts of the city of São Paulo, state of São Paulo. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Brazilian law shall apply to your use of the Services, including specific provisions about privacy. In order to comply with the applicable law, DPFTRAC will store data related to your activities when using the Services, such as access logs, for the term established by Law 12.965/2014 or other updated regulation that replaces or modifies it.

Once you stop using the Services, you may request the deletion of all data related to your use of the Services – this, however, shall not prevent DPFTRAC from complying with the storage obligations set forth by the aforementioned Law 12.965/2014 or other updated regulation that replaces or modifies it.

Europe
Applicable Law and Jurisdiction
The choice of law provision of Section 13(a) shall not deprive you of the protection afforded to you by the law of the country of your habitual residence.

If you are a resident of a member state of the European Union, the provisions of Section 13(b) through (h) do not apply in respect of the applicable jurisdiction. You may bring proceedings against DPFTRAC either in the courts of the member state in which DPFTRAC is domiciled or, regardless of the domicile of DPFTRAC, in the courts for the place where you are domiciled.

Acceptance
Notwithstanding anything to the contrary in this Agreement, in order for you to be bound by this Agreement or modifications or updates to this Agreement, you will be required to explicitly accept and agree to the new version of this Agreement.

Germany
Applicable Law and Jurisdiction
DPFTRAC is not willing and not obligated to participate in dispute resolution procedures before bodies responsible for out-of-court settlement of consumer disputes.

Warranty
To the extent the Services are defective, you are entitled to your statutory rights under German law, notwithstanding anything to the contrary in the Agreement.

Limitation of Liability
Notwithstanding anything to the contrary in the Agreement, DPFTRAC or its legal representatives or agents may be liable without limitation for:

damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by DPFTRAC or by DPFTRAC´s legal representatives or by DPFTRAC´s vicarious agents;

any other damages which are based on an intentional or grossly negligent breach of duty and fraudulent intent from DPFTRAC or DPFTRAC´s legal representatives or DPFTRAC´s vicarious agents;

damages under Germany’s Product Liability Act insofar as DPFTRAC has assumed a guarantee for the quality;

damages that have arisen due to slightly negligent violation of essential contractual obligations by DPFTRAC or one of DPFTRAC’s vicarious agents in connection with the use of the Service only to the extent of the typical contractual foreseeable damage;

Otherwise, the limitations of DPFTRAC’s liability described in this Agreement apply.

USA
The following are some of the laws, rules, regulations and sanctions that apply to this Agreement, the Services and the Application: (a) the U.S. Department of Commerce’s Export Administration Regulations (“EAR”), which governs the export and re-export of software; (b) the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), which administers and enforces economic and trade sanctions; and (c) the U.S. Department of States’ International Traffic in Arms Regulations (“ITAR”), which implements the Arms Control Act regarding the export and temporary import of defense articles and services.

The Application may not be exported or re-exported (a) into countries under U.S. embargo, or (b) to any person on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List, or (c) to any person on the U.S. Department of Commerce Denied Persons List or Entity List, or (d) to any person on the U.S Department of State’s List of Statutorily Debarred Parties.

You agree that in the use of the Application and the Services, you are in compliance with, and shall at all times comply with the requirements of EAR, OFAC and ITAR, and all other applicable export and re-export related laws, rules, regulations and sanctions. You warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.