Terms and Conditions
Digital DJ Pool provides the Site which is an online, digital and mp3 music record pool. You will be provided access to the Site for a fee as a registered member (“Member”). Members can upload, stream or download music content as mp3 files, as applicable, through our subscription service (collectively, the “Service”). Members can access additional features of the Site. The Service is only intended for use by DJs in line with the tradition of record pools and the music industry to promote the music made available on the Site. These Terms apply to all Users of the Site.
You must be at least 18 years of age to enroll in the Service.
2. REGISTRATION OBLIGATIONS
During the registration process, you will create a username and a password to access the Service to the Site (your "Account"). It is your responsibility to keep your Account (including your password) confidential, and (b) not share access to the Service with anyone else. You are not authorized to share your Account with anyone. You are solely responsible for maintaining your username and password and for all activities that occur under your Account. You must immediately notify Digital DJ Pool of any unauthorized use of your Account. Although Digital DJ Pool will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Digital DJ Pool or others due to such unauthorized use.
You represent and warrant that any registration information that you submit to Digital DJ Pool is true, accurate and complete, you agree to maintain the accuracy of the submitted information at all times.
3. RIGHT TO MODIFY
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version at https://digitaldjpool.com/legal/terms . If any modification is unacceptable to you, you hereby agree that your only recourse is to terminate your Account and cease use of the Site immediately. Your continued use of the Site following any change to the Terms will constitute your binding acceptance of the change.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 Digital DJ Pool will make reasonable efforts to remain online and operational. However, technical difficulties, routine site maintenance, upgrades, and circumstances beyond our control, including acts of god, government action, pandemics and epidemics may, from time to time, result in temporary Service interruptions. Digital DJ Pool reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Digital DJ Pool shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service or the Site.
5.2 By using the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party by any means. WITHOUT LIMITING THE FOREGOING, COPYING, REPRODUCING, DISTRIBUTING, DISSEMINATING, SELLING, TRANSFERRING, DISPLAYING OR TRANSMITTING THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR COPYING, REPRODUCING, CREATING A DERIVATIVE WORK, REDISTRIBUTING, DISSEMINATING, SELLING, TRANSFERING, LICENSING, PERFORMING, DISPLAYING, TRANSMITTING, MAKING THE CONTENT AVAILABLE TO THIRD PARTIES OR CIRCULATING THE CONTENT RECEIVED THROUGH THE SERVICE IS EXPRESSLY PROHIBITED. Digital DJ Pool reserves the right to immediately and permanently terminate your access to the Service if we believe that you are violating this condition. No refunds will be given.
5.3 Since the Service is expressly for DJ purposes, any automated system for the selection or downloading of files is expressly prohibited. Digital DJ Pool reserves the right to immediately and permanently terminate your access to the Service if we believe that you are violating this condition. No refunds will be given.
6. TERM, FEES AND PAYMENTS
6.1 By registering for the Service, you agree to pay the applicable rate when charged. Users may subscribe to the Site by paying: (a) a recurring monthly fee for membership to the Site; or (b) a recurring yearly fee for membership to the Site (“Recurring Fee” and Sections 6.1(a) to (b) collectively, “Membership”).
6.2 You will be automatically billed for the Recurring Fee at the monthly or yearly rate and be responsible for making timely payments for the Recurring Fee until you cancel your Membership. If you want to cancel your Membership, you may do so by logging into your Account and making such changes under the “Billing” tab. Each month during the term of the Membership, the Recurring Fee will be billed automatically to the credit card designated by you. If you want to designate a different credit card for the Recurring Fee or update any payment/credit card information, you may do so by logging into your Account and making such changes under the “Billing” tab.
6.3 You agree to pay all charges incurred in connection with your username and password for the Service at the rates in effect when the charges were incurred and all charges incurred in connection with any purchases on the Site, including, but without limitation, upload credits. ALL FEES AND CHARGES ARE NONREFUNDABLE. You understand and agree that you may also be subject to the terms, conditions and policies of the third party sites used by us to process payment: Braintree and Paypal. It is your responsibility to review any such applicable policies.
6.4 You agree to pay Digital DJ Pool any and all reasonable collection costs (including, without limitation, attorneys’ costs and fees) incurred by Digital DJ Pool to collect any past due amounts. Your Account may be deactivated without further notice if payment is past due, regardless of the dollar amount. Such deactivation will not affect your obligation to pay amounts owed to the Digital DJ Pool. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Service Account.
6.5 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
6.6 Digital DJ Pool reserves the right to change its fees and billing methods at any time and will communicate any such fee or billing changes to you. Price changes for subscriptions will take effect at the commencement of the next subscription period following the date of the price change. Your continued use of the Service following any change to the agreement will constitute your binding acceptance of the change.
7.1 These Terms will continue to apply to you until terminated by either you or Digital DJ Pool. Digital DJ Pool may, at its sole discretion, terminate your Account and/or use of the Service for any reason, including no reason at all. Digital DJ Pool may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that Digital DJ Pool shall not be liable to you or any third party for any termination of your access to the Service. No refunds will be given.
7.2 You may terminate your Account and Membership to the Service at any time. However, no refunds will be given. You may terminate your Account and Membership by making such election under the “Billing” tab of your Account.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your username and password. The sharing of usernames and passwords is expressly prohibited. The content, trademarks, service marks and logos available through the Service are the property of Digital DJ Pool or its licensors and are protected by copyright and other intellectual property laws. Content received through the Service may be used and played for promotional use only by public performance. You agree not to copy, reproduce, create derivative work, distribute, disseminate, sell, transfer, license, perform, display, transmit, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for purposes not intended by these Terms not intended by these Terms. You may not grant any licenses or sublicenses to the content on the Site to any third parties. You agree to indemnify and hold harmless Digital DJ Pool for your failure to comply with this Section 8.1.
8.2 You shall not download any content unless you see a “download” or similar link displayed by Digital DJ Pool on the Site for that content. You agree not to circumvent, disable or otherwise interfere with any technology or security-related features used by Digital DJ Pool, its licensors or any third party to protect the content or the Service, or any feature that prevents or restricts use or copying of any content or enforce limitations on use of the Site, Service or the content therein. You agree to indemnify and hold harmless Digital DJ Pool for your failure to comply with this Section 8.2.
8.3 You acknowledge that Digital DJ Pool retains exclusive ownership of the Service and all intellectual property rights associated therewith. You are not granted any rights or license to patents, copyrights, or trademarks with respect to the Service or its contents, and Digital DJ Pool reserves all rights not expressly granted hereunder.
9.1 When you access the Site, we allow you to use our software, which includes the software we developed to run our Site, any related digital application (“App”), and any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use in accordance with these terms.
9.2 This license is non-transferable and is solely for your personal use and for use on computers and/or devices that you own, control or have authority to use, and is subject to the following. You represent and warrant that you shall:
- comply with the rules set out in the Terms for whatever application you use to download or access the App or the Site;
- not copy our software;
- not remove, modify or obscure any copyright, trademark or other proprietary rights notices contained on the Site;
- not reverse engineer, decompile or disassemble any portion of the Site;
- not grant rights in Digital DJ Pool membership access to anyone else;
- not upload anything to Site that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of the Site;
- not export or re-export the software in violation of US export laws;
- not be located in a country that is (i) subject to a US government embargo or (ii) designated by the US government as a “terrorist supporting” country or (iii) listed on any US government list of prohibited or restricted parties;
- only use the Site for professional DJ purposes;
- not access, create or modify the source code of our software in any way;
- not use the Site in any way that impedes the normal use of the Site by another User;
- not use the Site to track, monitor or analyze User behavior in any manner;
- not attempt to compromise any security measures employed by Digital DJ Pool or any of the Digital DJ Pool partners, including tampering with such measures;
- not copy, reproduce, create derivative work, distribute, disseminate, sell, transfer, license, perform, display, transmit, make available to third parties or circulate the content received through the Service to anyone else;
- not upload any content that you are not authorized to share; and
- comply with all other terms and warranties of these Terms and applicable laws and regulations.
9.3 You agree and acknowledge that you may only upload music and any related content to the Site to which you have express authority to upload, reproduce and distribute. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU HAVE FULL PERMISSION AND AUTHORITY FROM THE APPLICABLE INTELLECTUAL PROPERTY RIGHTS HOLDER(S) TO (A) UPLOAD, SHARE AND REPRODUCE ANY CONTENT THAT YOU UPLOAD TO THE SITE WHICH YOU HAVE MADE AVAILABLE FOR STREAMING BY USERS OF THE SITE; AND (B) REPRODUCE AND REDISTRIBUTE THE CONTENT THAT YOU UPLOAD TO THE SITE WHICH YOU HAVE MADE AVAILABLE FOR DOWNLOAD BY USERS OF THE SITE. No User may upload content to the Site which he/she has no right to upload.
10. USER GENERATED CONTENT
10.1 Registered Users may post, upload and/or contribute ("Post") content to the Service, including pictures, text and music ("User Content"). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to Post any User Content which you Post to the Site, and that such content does not: (a) violate these Terms, any applicable law, or the intellectual property or publicity rights of others; or (b) imply any affiliation, endorsement, approval or cooperation with you or your User Content by Digital DJ Pool or any artist, band, label, entity or individual without express written consent from such individual or entity. Digital DJ Pool reserves the right to delete or take down User Content at any time for any reason, but we do not assume any obligation to track or monitor posts.
Notwithstanding the foregoing, Registered Users must upload content that is solely original and may not upload any content that a) consists of cover recordings of previously released musical compositions or b) contains any samples or interpolations of previously released musical compositions even if all permissions for such covers, samples or interpolations have been obtained. Digital DJ Pool reserves the right to delete or take down User Content at any time for any reason, including content that may be in violation of section 10 of our terms, but we do not assume any obligation to track or monitor posts.
10.2 As a member or contributor, you hereby irrevocably license to Digital DJ Pool all right, title and interest in and to all intellectual property rights to such User Content, including the right to reproduce (including mechanical and synchronization uses), exhibit, display, broadcast, stream on line (or otherwise publicly perform), license, or distribute such User Content in all formats and media, whether now known or hereafter devised and to use the User Content for any purpose whatsoever, without any obligation to you.
10.3 You understand that when using the Site, you will be exposed to content from a variety of sources, and that Digital DJ Pool is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Digital DJ Pool with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Digital DJ Pool, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Site.
10.4 Please also note that individual Users have control over the content that they store in their Accounts, and such User or Digital DJ Pool may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content that has been removed and Digital DJ Pool shall have no liability in the event that you are unable to access an item of content due to its removal from the Site, whether by Digital DJ Pool or the relevant User.
11. THIRD PARTY SITE AND APPS
Digital DJ Pool and User Content may enable you to access other apps and sites (e.g. Facebook, Twitter, etc.). Even though these apps and sites are accessible via Digital DJ Pool, we do not own or control them and thus, we are not responsible or liable for (a) the content, privacy policies, or practices of any third party websites; and (b) any loss or damage incurred by you as a result of what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly. By using the Service, you expressly relieve Digital DJ Pool from any and all liability arising from your use of any third-party website (including, without limitation, Braintree or Paypal).
Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Digital DJ Pool of the third party site or app and/or its contents.
12. ADVERTISING AND COOKIES
Digital DJ Pool may deliver advertising in the form of banners, paid links, coupons, promotions, sponsorship graphics or other means to you via our App, Site or via other third party services and websites.
13. NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you are a copyright holder who has a good faith belief that information available on our Site infringes your work (“Complaining Party”), please provide a written notice of the alleged copyright infringement with the information listed below in this Section 13 (“Infringement Notice”). The Infringement Notice must be sent to our designated agent ("Designated Agent"):Shaliz Sadig, Esq.
Romano Law PLLC
55 Broad St, 18th Floor
New York, NY 10004
Phone: (212) 865-9848
Email: Shaliz@RomanoLaw.com with a copy to DMCA@digitaldjpool.com.
A notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) must include the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
- Specific identification of each copyrighted work claimed to have been infringed, including, if applicable, the Copyright Registration Certificate Number;
- A description of where the material believed to be infringed is located on the DJ Pool;
- 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 authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Infringement Notice, pursuant to the Digital Millennium Copyright Act (“DMCA”), must include the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed. Whoever signs the notice should also identify whether they are the copyright owner or an agent of the owner;
- Specific identification of each copyrighted work claimed to have been infringed, including the title of the work;
- A description of where the material believed to be infringed is located on the Site (for example you can provide a link);
- Contact information for the Complaining Party, such as a complete name, address, telephone number and email address; and
The following two statements:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Please be aware that if you knowingly materially misrepresent that the material is infringing, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Upon receipt of an Infringement Notice, containing the necessary information and statements specified in this Section 13, we will promptly: (a) disable or remove access to the material that is allegedly infringing; (b) forward the Infringement Notice to such alleged infringer (“Infringement Notification Recipient”); (c) take reasonable steps to notify such Infringement Notification Recipient that we have removed or disabled access to the materials and that such Infringement Notification Recipient has the right to file a Counter-Notification (as defined below in Section 14).
Complaining Party acknowledges that if the Complaining Party fails to comply with all of the requirements of this Section 13, the Infringement Notice may not be valid and Digital DJ Pool is not obligated to promptly remove the requested content.
If the Infringement Notification Recipient have a good faith belief that Digital DJ Pool disabled or removed material you posted by mistake or misidentification, the Infringement Notification Recipient may provide a written counter notice with the information listed below in this Section 14 (a "Counter-Notification") to our Designated Agent listed in Section 13, with a copy to DMCA@digitaldjpool.com. The Counter-Notification, pursuant to the DMCA, must be a written communication provided by an Infringement Notification Recipient to our Designated Agent, with a copy to DMCA@digitaldjpool.com, by e-mail, fax or regular mail, and must include the following:
- A physical or electronic signature of the Infringement Notification Recipient;
- Specific identification of each copyrighted work that has been removed or to which access has been disabled;
- A description of where the material was located before it was removed or access to it was disabled (for example you can provide a link);
- Contact information for the Infringement Notification Recipient, such as a complete name, address, telephone number and email address; and
The following two statements:
- “I hereby state under penalty of perjury that I have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- “I hereby consent to the jurisdiction of Federal District Court where I am located or where Digital DJ Pool is located if I am located outside the United States, and that I will accept service of process from the person who provided the infringement notice or an agent of such person.”
Upon receipt of a Counter-Notification containing the information as outlined above in this Section 14:
- Digital DJ Pool will provide the Complaining Party, with a copy of the Counter-Notification;
- Digital DJ Pool will inform the Complaining Party that it will replace the removed content or cease disabling access to the content within ten (10) business days;
- Digital DJ Pool will replace the removed content or cease disabling access to the content within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided the Designated Agent has not received notice that an action has been filed seeking a court order to restrain the Infringement Notification Recipient from engaging in infringing activity relating to the content on the Site’s network or system.
Please be aware that if you knowingly materially misrepresent that Digital DJ Pool, by mistake or misidentification, removed the material or disabled access, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If the Complaining Party disagrees that the Infringement Notice is mistakenly filed, the Complaining Party may file a lawsuit to keep the allegedly infringing content disabled. An Infringement Notification Recipient should contact an attorney to thoroughly investigate the validity of the Infringement Notice prior to submitting a Counter-Notification.
15. REPEAT INFRINGER POLICY
Notwithstanding the fact that Digital DJ Pool has no legal obligation to monitor or screen the content or User’s activities on the Site, Digital DJ Pool reserves the right to remove or disable access to any content at any time, and to disable any User’s access to all content on the Site, for any reason and without liability, including without limitation, the belief that the content or User’s activity infringes or potentially infringes any copyrighted material, any third party rights, the content or User’s activity breaches any of the Terms or applicable law, and any content or User’s activity otherwise unacceptable to Digital DJ Pool.
Digital DJ Pool will terminate your Account and access to the Site and Services, and remove all data associated with your account from the Site, if Digital DJ Pool determines, in its reasonable discretion, that you are a repeat infringer or repeatedly breached the Terms.
Digital DJ Pool will terminate your Account without warning if ordered to do so by a court, or in other appropriate circumstances, as determined at Digital DJ Pool’s discretion. Digital DJ Pool does not offer any refund for any Account that is terminated as a result of such Account holder’s repeating infringement as described in this Section 15 or any violation of the Terms.
16. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Site is at your sole risk. The Service is provided on an "as is" and an "as available" basis. To the fullest extent permitted by law, Digital DJ Pool, its officers, directors, employees and agents do not make, and hereby disclaim, any representations or warranties regarding the Service, the Site and Service offered through the Site or any portion thereof, express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and the suitability, availability, and timeliness of the products and related graphics contained within the Digital DJ Pool website or service. In connection with the Services and your use thereof, Digital DJ Pool makes no representations or warranties about the accuracy or completeness of this Site’s content or the content of any sites linked to this Site. Digital DJ Pool assumes no liability for any: (a) errors, mistakes or inaccuracies of content, (b) personal injury or property damage, of any nature, resulting from your access to and your use of the Site, (c) any unauthorized access to or use of our secure servers and any personal or financial information stored therein, (d) any interruption or cessation of transmission to or from our Services, (e) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party (f) any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
You agree to defend, indemnify and hold harmless Digital DJ Pool, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and access to the Site; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, proprietary, or privacy right; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
18. REFUND POLICY
All subscriptions and fees paid to the Digital DJ Pool are non-refundable.
19. GOVERNING LAW AND VENUE
These terms shall be governed by the laws of the State of New York, without regard to conflicts of laws principles. You agree that any dispute arising out of or relating to your use of the Site or the content existing on the Site shall be resolved exclusively though binding arbitration before one arbitrator with JAMS. The venue of the arbitration shall be in New York County, New York. Each party shall bear their own legal fees and costs.
20. CLASS ACTION WAIVER
YOU AND DIGITAL DJ POOL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Digital DJ Pool agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of us, our Users and the public.
If you have any questions or concerns about these Terms, please email us at https://digitaldjpool.com/contact.