Terms of Service
Last Updated: 2023-12-10 12:01:03 PM
Welcome to dj.exchange, a service provided by dayvonjersen.com (“we”, “our”, or “us”).
These Terms of Service govern your use of dj.exchange (the “Website”) and all related players, widgets, tools, features, applications, data, software, APIs and other services provided by dj.exchange (the “Services”).
These Terms of Service constitute a legally binding contract (the “Agreement”), between you and dj.exchange in relation to your use of the Website and Services (together, the “Platform”).
Please also be sure to review our Privacy Policy for more information on how we collect and use data relating to the use and performance of the Platform, as well as our responsibilities and your rights in relation to any processing of your personal data.
Acceptance of Terms of Service
Please read these Terms of Service and Privacy Policy very carefully. If you do not agree to any of the provisions set out in these documents, you should not use the Website or any of the Services.
By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Service and will abide by them.
Age Requirement
In order to use the Website or any of the Services, you need to (a) be 18 years of age or older, or be 13 years of age or older and have your parent or guardian’s consent to the terms of this Agreement and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.
If there are parts of the Website where you need to register and provide certain information to dj.exchange: You must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and they must click “AGREE” or “SIGN UP” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering into this Agreement on the behalf of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that they may incur.
Changes to Terms of Service
We reserve the right at our sole discretion to modify or replace any of the terms in these Terms of Service or change, suspend, or discontinue the Services, including without limitation the availability of any feature, database, or content at any time by posting a notice on the Website or by sending you an email.
We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Platform will constitute your acceptance of the revised Terms of Service.
Rules & Conduct
As a condition of use, you promise not to use the Platform for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Platform.
For purposes of these Terms of Service, the term “Content” includes without limitation any user submissions, videos, audio, forum posts, comments, information, data, text, photographs, software, scripts, graphics and interactive features generated, provided, or otherwise made accessible by dj.exchange on or through the Platform.
By way of example, and not as a limitation, you shall not nor permit any third party to either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Platform, including without limitation any Content that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity (”Copyright Infringement”)
- Includes unsolicited advertising or marketing, malware, attempts to defraud, embezzle or extort, or is intentionally disruptive in nature (”Spam”)
- Is harassing or threatening towards other dj.exchange users or individuals or groups not directly associated with the Platform, or discloses private personal information, or is hostile to any individual or group of persons (”Harassment”)
- Attempts to impersonate, mock, or antagonize any individual, especially public figures and celebrities, other than yourself (”Impersonation”)
- Violates any law, especially United States Federal Code or the laws of The State of New Jersey, including but not limited to Unauthorized Use (18 U.S.C. §§ 1030), distribution of Child Sexual Abuse Material, hatespeech, money laundering, ponzi schemes or fraud, or any activity deemed a misuse of the Platform at the sole discretion of the dj.exchange moderators and administrators (”Illegal Activity”)
- Insults other dj.exchange users, individually or as a group, directly or indirectly including but not limited to name-calling, offensive orders, and insinuations (”Flaming”)
- Incites animosity or generates confusion by intending to annoy and/or offend other dj.exchange users. This includes, but is not limited to provoking other users to respond with hostility, provoking fans of a particular genre or style of music (especially on Content in that genre or style), making misleading titles, asking obviously useless questions, or intentionally posting false information as fact (”Trolling”)
Objectionable Material
When using the Website you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which Content may or may not be identified as having explicit language or text, graphic designs, and/or photographs.
You agree to use the Website at your own risk and dj.exchange shall have no liability to you for Content that may be found objectionable, indecent, or offensive.
dj.exchange reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
Account Registration
To use certain Services of the Website, you must register and provide certain information (e.g. a user name, password, billing information, and valid email address) to dj.exchange (”Registration Data”) for the purposes of creating an account (your “Account”).
You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete, and accurate.
The Registration Data will apply to all sections of the Website and act as your username and Registration Data for access, favoriting, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) to all sections of the Website.
dj.exchange may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if dj.exchange in its own discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identity theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration.
You agree that dj.exchange may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
You are solely responsible for maintaining the confidentiality and security of your Account.
You agree to notify dj.exchange immediately of any unauthorized use of your password and/or Account.
dj.exchange shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to idemnify dj.exchange for any improper, unauthorized, or illegal uses of your Account.
You may not attempt to gain unauthorized access to the Website. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software, or tools for that purpose, dj.exchange shall have the right to terminate your Account and pursue all available remedies at law.
Consent to Email
By establishing an Account, you grant permission for dj.exchange to contact you at your provided email address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.).
You can update and manage your email preferences under your accounts settings.
Username Policy
No two users or DJs can have the same username or DJ name (collectively “Username”) on the Platform.
Usernames are provided on a first-come basis.
dj.exchange will not typically intervene in Username disputes. Disputes should be resolved between the parties.
However, dj.exchange reserves the right, in its sole discretion, to permanently remove, reassign, or ask a user or DJ to modify their Username in situations where:
- an account has been inactive for a period of time;
- dj.exchange determines that a Username is offensive, commercial in nature, violative of or a derivation of a third party’s trademark or service mark, or is determined by dj.exchange to be otherwise misleading;
- dj.exchange suspects that a Username is being squatted;
- the registered Username is that of a more established, well-known DJ, and dj.exchange’s decision not to reassign the Username will lead to consumer confusion; and
- dj.exchange has determined, in its own discretion, the situation is such that removing or reassigning the Username is most appropriate under the circumstances.
Any attempts to sell, buy, or solicit other forms of payment in exchange for a Username is strictly prohibited and may result in permanent account suspension or termination.
Licensing
By uploading or posting your Content to the Platform, you initiate an automated process to transcode any audio Content and direct dj.exchange to store your Content on our servers for the purposes of reproduction, transmission, distribution, public display, public performance, and other communication to the public of your Content on the Platform and elsewhere using the Services.
To the extent it is necessary in order for dj.exchange to provide you with any of the aforementioned hosting services, to undertake any of the tasks set for forth in these Terms of Service, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you hereby grant such licenses to dj.exchange on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
By uploading your Content to the platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully-paid license to other users of the Platform, and to operators and users of any other websites, apps, and/or platforms to which your Content has been shared or embedded using the Services to use, copy, listen to offline, repost, transmit, or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available, and otherwise communicate to the public your Content utilizing the features of the Platform.
Additionally, you further agree to license your audio Content under the terms of one of the following Creative Commons licenses upon submission to the Platform:
The licenses granted in this section are granted separately with respect to each item of your Content that you upload to the Platform. Licenses with respect to audio Content and any images or text within your Account will (subject to the following paragraph of these Terms of Service) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrecvocable, and will continue notwithstanding any termination of your account.
Removal of audio Content from your Account willl automatically result in the deletion of the relevant files from dj.exchange’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once your Content is distributed to the public, dj.exchange is not obligated to ensure the deletion of your Content from any servers or systems not operated by dj.exchange.
Any Content other than your Content is the property of the relevant uploader, and is or may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available, or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the uploader on the Platform or with the express written consent of the uploader.
Where you repost another user’s Content, or include another user’s Content in a playlist or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant uploader.
Termination
dj.exchange may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Content associated with your Account, including without limitation any access to any Content you may have purchased through the Platform.
If you wish to terminate your Account, then you may do so following the instructions on the Website.
Any fees paid hereunder are non-refundable, except as provided in this Agreement.
All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
By using the Website, you agree to defend, indemnify, and hold harmless dj.exchange and its affliates, agents, directors, officers, employees, and shareholders from and against any and all liabilities, claims, and expenses, including reasonable attorneys’ fees and court costs, that arise from or relate to your use or misuse of, or access to, the Website, the Services, Content or otherwise from your Account, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms of Service.
For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless dj.exchange from any and all claims by a third party owning, controlling, or claiming any right in or to your Content, including claims for performance royalties, synchronization royalties, mechanical royalties, and use or re-use fees.
dj.exchange reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with dj.exchange in asserting any available defenses at your sole expense.
Limitation of Liability
In no event shall dj.exchange, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsover, substitute goods or services however arising, (ii) for any bugs, viruses, trojan horses, malware, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00).
Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because dj.exchange is not the buyer or seller in any transaction, if a dispute arises between one or more participants in a transaction, then you release dj.exchange (and its affiliates, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by dj.exchange.
Because dj.exchange is not the buyer or seller in any actual transaction between users and is not the agent of either for any purpose, dj.exchange does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such transaction. Users are individually responsible for complicance with all consumer rights laws applicable to their transactions, including EU Consumer Rights Laws.
Severability
Should one or more provisions of these Terms of Service be found to be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
Warranty Disclaimer
The Platform, including without limitation, the Website, and all Content and Services accessed through or via the Website, the Services, or otherwise, are provided “as is”, “as available”, and “with all faults”.
Whilst dj.exchange uses reasonable endeavors to correct any errors or omissions in the Platform as soon as practicable once they have been brought to our attention, dj.exchange makes no promises, guarantees, representations, or warranties of any kind whatsoever (express or implied) regarding the Website, the Services, or any part or parts thereof, any Content, or any linked services or external services.
dj.exchange does not warrant that your use of the Platform will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the platform or any part or parts thereof, the content or the servers on which the Platform operates are or will be free of viruses, trojan horses, malware, or other harmful components.
dj.exchange does not warrant that any transmission of Content uploaded to the Platform will be secure or that any elements of the Platform designed to prevent unauthorized access, sharing or download of Content will be effective in any and all cases, and does not warrant that your use of the Platform is lawful in any particular jurisdiction.
dj.exchange and its directors, employees, agents, partners, suppliers, and content providers specifically disclaim all of the foregoing warranties and any other warranties not expressly set out herein to the fullest extent permitted by law, including without limitation any express or implied warranties regarding non-infringement, merchantability, and fitness for a particular purpose.
Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
Disclosures
The services hereunder are offered by dj.exchange, a website owned and operated by dayvonjersen.com.
You may contact us by emailing us at me@dayvonjersen.com
Changelog
2023-12-10 12:00:40 PM - Initial draft, pending. -day