WHO WE ARE
We are PlayDJ Limited (PlayDJ, we, us, our), a UK company with registered company number 11944068 and with a registered office at 71-75 Shelton Street, London WC2H 9JQ.
These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you access our streaming platform located at www.playdj.tv and any related mobile sites or applications (the Platform) as described further below.
These Terms set out how you may access the services available on the Platform (the Services).
Please read these Terms carefully before you start to use the Services, as by using any of the Services you indicate that you accept these Terms and that you agree to comply with them.
OTHER APPLICABLE TERMS
These terms also include:
- our FAQs;
- our privacy notice [https://www.playdj.tv/privacy-policy], which sets out the terms on which we will process any personal data we collect from you or that you provide to us via the Platform;
- and our cookies policy [https://www.playdj.tv/cookies] which sets out information about the cookies on the Platform.
CHANGES TO THESE TERMS
At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Services.
Please check this page from time to time to take notice of any changes we have made. By continuing to use any of the Services 14 days after we notify you of the changes made, you are deemed to have accepted those changes and will be bound by them.
YOUR USE OF THE PLATFORM
We offer various Services through the Platform, including those which allow you, strictly in accordance with these Terms, to:
- Create a personal, customisable page on the Platform (called your Channel);
- Host your own live pay-to-view and free-to-view events and shows via the Platform (the Events);
- Monetise free-to-view Events through receipt of tips and donations;
- Sell and purchase tickets to Events;
- Invite other users of the Platform to access your Channel and interact with those users via the social media interfaces provided;
- Stream live audio sets with chat;
- Stream live video sets with chat;
- Upload podcasts, short profile videos and tutorials;
- Take bookings and enquiries; and
- Subscribe to various DJ channels.
The list above is not an exhaustive list of the Services and we may decide to offer additional Services or cease to provide any Services, at any time.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or any regulation or which would subject us to any registration requirement within such jurisdiction or country.
You must be at least 18 years old to use the Services. If you are under the age of 18, you are not permitted to use the Services without permission of a parent or legal guardian.
You do not have to register to use some of the Services, but most of the Services are available only to users that register and set up an account.
To register, you will need to complete a simple registration process by providing certain information (including your name, email address and password). You will also need to choose a username and password for use in connection with your account.
You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password, account or Channel and for any access to or use of the Services by you or any person or entity using your password, whether or not such access or use has been authorised by you.
You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Services. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
ACCOUNTS FOR DJs
If you want to stream your DJ sets on the Platform you need to have an account, and we offer three different types of accounts: Free User; Pro DJ; and Premium DJ (each a Plan). We may also offer enterprise accounts but these will be subject to alternative and/or additional terms and conditions.
There are differences between the types of Plan (as further set out here [https://www.playdj.tv/rates]), including but not limited to:
- Pricing: There is a monthly fee payable for all Plans except for the Free User Plan;
- Monetisation: Depending on the Plan you choose, you will be able to do some or all of the following things. All sales will be through the Platform and we will take commission on sales as set out in the [Rates]. Our commission on tips/donations will vary depending on the type of Plan.
- Sale of Channel subscriptions, merchandise and ticketed Events;
- Virtual party bookings; and
- Live booking enquiries.
- Bolt-Ons: You can bolt on extra set length and/or room capacity to your standard Plan allowance. The cost of bolt-ons will vary according to the type of Plan (e.g. the cost of increasing capacity of the room size per hour) and is set out in the [Rates].
- Advertising: Adverts will be shown and displayed amongst content streamed under any Plan. We retain all advertising revenue.
We may amend the features of the Plans from time to time but commit not to reduce the core hosting and streaming capacity features of your Plan during that current service period.
ACCOUNTS FOR VIEWERS
You do not need an account to view some of the free Services but you need to register for an account to access paid for Services. As an account holder you are able to:
- Pay to stream Events on a pay-per-view basis;
- Support a DJ, and possibly gain access to extra content, by paying for a subscription to their Channel;
- Pay for one-off courses or content collections such as interviews, tutorials or podcasts; or
- Show DJs support through tip donations in respect of streamed sets.
Prices will appear on the relevant page(s) of the Platform and, in respect of Events, must be made in advance, in full. For more information about cancelling Channel subscriptions or refunds for Events, please see here [Payment FAQs].
FEES AND PAYMENT
Some of the Services are provided free of charge. For example, the Free User plan allows DJs to sign up without charge and stream various events or content without payment. For a monthly fee, DJs can upgrade to Pro DJ or Premium DJ plans in order to access wider benefits, as further detailed here [https://www.playdj.tv/rates].
DJs can monetise their use of the Platform as set out within these Terms. However, any payouts must be requested; they are not automatically sent out. For more information on how to withdraw payments please see our [Payment FAQs] available here [Payment FAQs].
We accept Visa, MasterCard, Maestro, American Express, Apple Pay, Google Pay cards for payment. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the relevant fees.
If you choose a monthly payment option your subscription will run from month to month, and will renew automatically at the end of each monthly period. Payment for the next monthly period will be taken at the end of the previous monthly period, unless you cancel your subscription, which you can do at any time by [contacting us at [firstname.lastname@example.org]/visiting the [DJ Billing] page].
If you are not a professional DJ, you have additional cancellation rights as described in these Terms here [Payment FAQs].
ACCEPTABLE USE RESTRICTIONS
The Services allow users to submit, stream and post audio and video clips, text, graphics, photos, logos, button icons, images, comments and other content, data or information (Content) in accordance with these Terms.
You may not use the Services for any purpose other than those for which we make the Services available. In particular, and without limitation, you agree not to (and not to permit any other person to):
- use the Services in any way that is unlawful or fraudulent;
- share, swap or copy your stream key and/or account details to host more than one DJ streaming per account;
- use the Services to upload, copy, make available, or otherwise communicate to the public:
- any Content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, harassing, threatening, abusive, or promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in our reasonable discretion;
- any information or Content, including other user’s Content, that violates, plagiarises, misappropriates or infringes the rights of third parties;
- any material that contains viruses or similar computer code designed to adversely affect the operation of Services; or
- any unsolicited or unauthorised advertising or promotional messages;
- employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of your User Content (as defined below), or to misrepresent your activity on the Platform;
- alter or remove any trade mark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content other than your User Content; or
- copy, adapt, reverse engineer, reverse assemble, decompile, modify or attempt to access any source or object code of the Services or any part of the Services, or copy any text, designs, imagery, sounds, page layouts or any other proprietary elements of the Services, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content,
(together the Acceptable Use Restrictions).
In addition, and to enable us to comply with licensing restrictions, you may not as a DJ, in any 3 hour period: (i) play more than 3 songs from a particular album (including more than 2 consecutively); or
(ii) play more than 4 songs from a particular artist or from any compilation of tracks (including more than 3 consecutively); or
stream continuously for more than 12 hours in any day.
ENDING YOUR RIGHTS UNDER THESE TERMS
We may end your rights under these Terms immediately and without notice if:
- you have breached any of the Acceptable Use Restrictions;
- we believe that your use of the Services is unsuitable in any way; or
- you are otherwise in breach of these Terms.
We may also take action to freeze money in accounts that we believe are being used to facilitate any unlawful or fraudulent activity or activity that is otherwise in breach of these Terms.
If we end your rights under these Terms you must immediately stop all activities authorised by these Terms, including your use of the Services.
We will hold your profile on our system for a period of three years after the date of your last use of the platform, during which time you can re-activate that profile at any time under the appropriate Plan, but if not reactivated within those three years your profile will be deleted.
Unless otherwise indicated, the Platform, including source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Platform (Our Content) is owned by or licensed to us.
Except as expressly provided in these Terms, no part of our Platform or Our Content 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.
Provided you are eligible to use the Services, you are granted a limited licence to access and use the Services and Our Content in accordance with these Terms, and to download or print a copy of any portion of Our Content to which you have properly gained access solely for your personal, non-commercial use.
Once you have registered for an account, you may upload audio and video clips, text, graphics, photos, logos, button icons, images, comments and other content, data or information via the Services (User Content) using the interfaces provided and in accordance with these Terms.
You are solely responsible for ensuring that you have all the necessary rights to the User Content you upload via the Services (which for the avoidance of doubt includes any promotional video clips of you or your Channel), including without limitation all rights required to enable access to the User Content by other users of the Services. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store the User Content via the Services and to make available the User Content to other users of the Services.
We do not claim any rights in the User Content and you hereby expressly acknowledge and agree that the User Content remains your sole responsibility.
We are not responsible and accept no liability for any User Content. We may, but are under no obligation to, screen, edit or monitor the Services for any User Content that is inappropriate, infringes third party rights or otherwise has been uploaded in breach of these Terms.
We have the right to remove your access from the Services and/or remove any User Content you put on the Platform if, in our opinion, your User Content breaches these Terms.
We undertake to obtain licences in respect of sound recordings you stream via the Platform and the musical compositions underlying such sound recordings. HOWEVER if you play anything that is your own material, or that you know is unsigned, we will not be able to license it via the usual channels so please ensure that you have all necessary rights to that material before playing it.
If you have a record of the tracks you play in your set please send us a copy of the file soon after the set is streamed so that we can report to copyright owners. We encourage you to make and keep such a record if you can.
We reserve the right at any time to take down or decline to stream any music at any time with no liability to you if we believe that its use on the Platform may result in liability for you or us.
If you discover any Content on the Platform which you believe is in breach of these Terms please feel free to contact us at [email@example.com].
LINKS TO THIRD PARTY CONTENT
The Platform may contain links to other websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.
We accept no responsibility for adverts contained upon the Platform. If you agree to purchase goods and/or services from any third party who advertises on the Platform, you do so at your own risk.
LINKS TO THIRD PARTY ACCOUNTS
You may link your account with online accounts you may have with third party service providers (for example, Instagram, Facebook) (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Platform; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
By granting us access to your Third Party Account you understand that: (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the Social Network Content) so that it is available on and through the Platform via your Platform account, including without limitation any friends lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts may be available on and through your account on the Platform. We make no effort to review, and are not responsible for, any Social Network Content.
We may also access your email address book associated with a Third Party Account and your contact list stored on your mobile device or tablet computer solely for the purposes of identifying you and informing you of those contacts who have also registered to use the Services. You can disable the connection between the Services and your Third Party Accounts and request that we delete any associated information collected from such Third Party Accounts, at any time by emailing us at [firstname.lastname@example.org] or through the account settings (if applicable).
CANCELLATION FOR CONSUMERS
Your statutory right to cancel: If you are a non-business user, you have a legal right (under certain circumstances) to change your mind within 14 days of making your payment and receive a refund. This 14 day period is called the Cooling-off Period.
When you cannot cancel: If you start to stream an Event that you have purchased (either on a pay-per-view basis or through a monthly paid-for subscription) within the Cooling-off Period (even if you do not watch the whole thing) and you acknowledged when ordering that you would lose your right to cancel if you did this, you will not have a right to change your mind.
How to tell us you want to cancel:
By email. Email us at [email@example.com]. Please provide your name, address, details of the Event purchased or Plan that you want to cancel and, where available, your phone number and email address.
Online. Complete our online form [playdj.tv/profile].
By post. Print off the model cancellation form we’ve provided at the end of these Terms and post it to us at our address. Or simply write to us, including details of details of the Event that you have purchased or subscription Plan that you want to cancel, when you paid for it, and your name and address.
If you exercise your right to cancel as described above, we will refund you the price you paid for the Event or subscription Plan paid for by the method you used for payment. Your refund will be made within 14 days of your telling us you have changed your mind.
We may change, modify or remove the Services or the contents of the Platform at any time or for any reason without notice.
The Services are provided on an “as is” basis. We make no representations, warranties or guarantees or any kind regarding the availability or operation of the Services, or that the Services will be secure, uninterrupted or free of defects.
Your access to the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades or the introduction of new functions or services. We will do our best to provide you with notice of any outages but will not be liable to you for any loss, damage or inconvenience if for any reason the Services are unavailable at any time or for any period.
Whilst we have no legal obligation to do so, we may monitor the content on the Platform for any breaches of these Terms; take appropriate action against anyone in breach of these Terms; and refuse, restrict access to or availability of any of the User Content that does not comply with these Terms.
NO RELIANCE ON INFORMATION
All information published on or via the Platform is provided in good faith and for general information purposes only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a consumer, we provide the Services for domestic and private use only. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If you are a professional DJ or someone who would consider being a DJ to mainly be their trade or business:
- we will have no liability to you for any: (i) use of, or inability to use our Services; (ii) use of or reliance on any content displayed on our Platform; or (iii) loss of profit, loss of business, business interruption, loss of business opportunity, anticipated savings or any indirect or consequential loss or damage whatsoever in relation to your use of the Services; and
- our liability to you, for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £500 or (b) the amount paid, if any, by such user for the Services during the six month period prior to any cause of action arising.
We are not responsible for the acts or omissions of any third party, including any third- party app store or advertisers and any third party that brings an action against you relating to your use of the Services.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform and Services may have on you, and you agree that you access the Platform and Services at your own risk.
COMMUNICATIONS BETWEEN US
If you wish to contact us for any reason, you can do so:
- By e-mail at [firstname.lastname@example.org].
- By writing to [PlayDJ Ltd, 71-75 Shelton St, London WC2H 9JQ].
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. No waiver by us of a breach by you will be effective unless it is in writing, and it will not mean that we will automatically waive any later breach by you.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: PLAYDJ LTD, 71 – 75 Shelton St, West End, London WC2H 9JQ
I hereby give notice that I cancel my contract for the supply of (describe Event or Plan you’ve paid for):
Ordered on (date):