Terms of Use for Mike D Entertainment

Last Updated: June 7, 2024

Welcome to the Mike D Entertainment website, located at www.mikedentertainment.com (the "Site"). These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mike D Entertainment (“Company”, “we”, “us”, or “our”), concerning your access to and use of the Site and the services we offer. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and must discontinue use immediately.

1. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. The Content and the Marks, including the "Mike D Entertainment" name and our unique branding elements (such as the "snake effect" border design), are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

2. User Representations
By using the Site, you represent and warrant

that:
(a) all registration information you submit (e.g., via the contact form) will be true, accurate, current, and complete;

(b) you have the legal capacity and you agree to comply with these Terms of Use;

(c) you are not a minor in the jurisdiction in which you reside;
(d) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (e) you will not use the Site for any illegal or unauthorized purpose;

(f) your use of the Site will not violate any applicable law or regulation.

3. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

(a) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

(b) Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
(c) Use the Site to advertise or offer to sell goods and services not related to Mike D Entertainment.
(d) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
(e) Attempt to impersonate another user or person.
(f) Use any information obtained from the Site in order to harass, abuse, or harm another person.
(g) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
(h) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the

Site.
(i)Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site or services

to you.

4. Our Services

The Site provides information about our music entertainment services, including but not limited to, DJ services, Music Bingo, and event consultations. The use of the Site does not, by itself, create a client relationship. The actual provision of our entertainment services is governed by a separate, written service agreement, which will be provided to you upon booking our services. Any proposal or quote provided through this site does not constitute a binding agreement until a formal service agreement is executed by both parties.

5. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding

the Site or our services ("Submissions") you provide to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

6. Third-Party Websites and Content
The Site may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,

or other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site.

7. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION

OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

8. Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.9. Dispute ResolutionTo expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”), any Dispute brought by either you or us shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules.

10. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE.

11. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising

out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of

Use.

13. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Mike D Entertainment using our contact form.

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