Terms and Conditions
Distribute Kings provides the Site which is an online, digital and mp3 music record pool. You may browse and listen to music on certain parts our Site for free as a visitor, or, for a fee, you may have access to the DJ Pool as a registered member (“Member”) and may stream and download music in the MP3 format, as applicable, through our subscription service (collectively, the “Service”). Members may have access to additional features of the Site. The Service is only intended for use by professional 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 DJ Pool, whether you are a visitor to the Site, Member or contributor (collectively, the “User”).
You must be at least 18 years of age to enroll in the Service or at least 13 years old and have the permission of your parent(s) or legal guardian(s) to use the Site. Parent(s)/guardian(s) should be aware that there may be access to explicit lyrics on this Site.
2. 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 http://DistributeKings.com/how-it-works/terms-conditions. If any modification is unacceptable to you, you hereby agree that your only recourse is to terminate the agreement and your subscription (or 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.
3. REGISTRATION OBLIGATIONS
During the registration process, you will create a username and a password to access your subscription to the Site (your "account"). It is your responsibility to (i) keep your account (including your password)confidential, and (ii) not share its use with anyone else. You are not authorized to share your account with anyone. You are solely and entirely responsible for maintaining your username and password and for all activities that occur under your account. You must immediately notify Distribute Kings of any unauthorized use of your account. Although Distribute Kings will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Distribute Kings or others due to such unauthorized use.
You represent and warrant that any registration information that you submit to Distribute Kings is true, accurate and complete, and you agree to keep it true, accurate and complete at all times.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 Distribute Kings will make reasonable efforts to remain online and operational at all times. However, certain technical difficulties or routine site maintenance or upgrades or acts of god may, from time to time, result in temporary Service interruptions. Distribute Kings also 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 Distribute Kings 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 OR REPRODUCTION OF THE CONTENT TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR SALE IS EXPRESSLY PROHIBITED. Distribute Kings 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 professional use, any automated system for the selection or downloading of files is expressly prohibited. Distribute Kings 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 DJ Pool by paying: (a) a one-time upfront fee for one (1) year of DJ Pool membership; (b) a one-time upfront fee for two (2) months of DJ Pool Membership; or (c) a recurring monthly fee for DJ Pool Membership (“Recurring Fee”).
6.2 In the event you choose the Recurring Fee option, your payments will continue automatically at the monthly rate until you cancel your membership. 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 agreement, the Recurring Fee for use of the Service 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. 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: Paypal. It is your responsibility to review any such applicable policies.
6.4 You agree to pay Distribute Kings any and all reasonable collection costs (including, without limitation, attorney's fees) incurred by Distribute Kings 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 Distribute Kings. 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 Distribute Kings reserves the right to change its fees and billing methods at any time and will communicate any such fee or billing method changes to you. Price changes for Paid 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 Distribute Kings. Distribute Kings may, at its sole discretion, terminate your account and/or use of the Service for any reason. Distribute Kings may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that Distribute Kings 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 the agreement and your subscription to the Service at any time. However, no refunds will be given. You may terminate your account 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. Sharing of usernames and passwords is expressly prohibited. The content, trademarks, service marks and logos available through the Service are the property of Distribute Kings 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 reproduce, distribute, disseminate, sell, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes 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 Distribute Kings 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 Distribute Kings on the Service for that content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. You agree to indemnify and hold harmless Distribute Kings for your failure to comply with this Section 8.2.
8.3 You acknowledge that Distribute Kings 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 Distribute Kings reserves all rights not expressly granted hereunder. You shall promptly notify Distribute Kings upon your discovery of any unauthorized use or infringement of the Service or Distribute Kings intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9.1 When you access the DJ Pool, 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: (a) comply with the rules set out in the Terms for whatever application you use to download or access the App or the Site; (b) not copy our software; (c) not remove, modify or obscure any copyright, trademark or other proprietary rights notices contained on the Site; (d) not reverse engineer, decompile or disassemble any portion of the Site; (e) not grant rights in Distribute Kings membership access to anyone else without our prior written consent; (f) 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; (g) not export or re-export the software in violation of US export laws; (h) not be located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country or be listed on any US government list of prohibited or restricted parties; (i) not use the Site for any commercial purpose without our prior written consent; (j) not access, create or modify the source code of our software in any way; (k) not use the Site in any way that impedes the normal use of the Site by another User; (l) not use the DJ Pool to track, monitor or analyze User behavior in any manner; (m) not attempt to compromise any security measures employed by Distribute Kings or any of the Distribute Kings partners, including tampering with such measures; (n)not upload any content that you are not authorized to share; and (o) 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 (I) 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 (II) 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 DJ Pool, 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 Distribute Kings or any artist, band, label, entity or individual without express written consent from such individual or entity. Distribute Kings 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.
10.2 As a member or contributor, you hereby irrevocably assign to Distribute Kings all right, title and interest in and to all intellectual property rights to such User Content, including the right to reproduce, exhibit, broadcast, stream on line, 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 DJ Pool, you will be exposed to content from a variety of sources, and that Distribute Kings 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 Distribute Kings with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Distribute Kings, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the DJ Pool.
11. THIRD PARTY SITE AND APPS
Distribute Kings 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 Distribute Kings, we do not own or control them and thus, we are not responsible or liable for (i) the content, privacy policies, or practices of any third party websites; and (ii) 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 Distribute Kings 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 Distribute Kings of the third party site or app and/or its contents.
12. ADVERTISING AND COOKIES
Distribute Kings 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
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.
Upon receipt of a written notice containing the information and statements specified in the previous paragraph, we will promptly (i) disable or remove access to the material that is alleged to be infringing; (ii) forward the written notification to such alleged infringer (“Infringement Notification Recipient”) and (iii) take reasonable steps to notify such Infringement Notification Recipient that it has removed or disabled access to the materials and that such Infringement Notification Recipient has the right to file a counter-notification. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid.
To be effective, a counter-notification must be a written communication provided by an Infringement Notification Recipient to Distribute Kings Designated Agent by e-mail, fax or regular mail that includes substantially the following:
- A physical or electronic signature of the Infringement Notification Recipient;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Infringement Notification Recipient has a 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; and
- The Infringement Notification Recipient’s name, address, and telephone number, and a statement that the Infringement Notification Recipient consents to the jurisdiction of Federal District Court in the Southern District of New York, and that the Infringement Notification Recipient will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above:
- Distribute Kings may provide the complaining party, with a copy of the Counter Notification;
- Distribute Kings may inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Distribute Kings may replace the removed material or cease disabling access to the material 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 material on the DJ Pool’s network or system.
15. DISCLAIMER OF WARRANTIES
You expressly agree that use of the DJ Pool 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, Distribute Kings, 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 Distribute Kings website or service. In connection with the Services and your use thereof, Distribute Kings 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. Distribute Kings assumes no liability for any: (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature, resulting from your access to and your use of the DJ Pool, (iii) any unauthorized access to or use of our secure servers and any personal or financial information stored therein, (iv) any interruption or cessation of transmission to or from our Services, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party (vi) 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.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Distribute Kings, 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 attorney's fees) arising from: (i) your use of and access to the DJ Pool; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) 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 DJ Pool.
18. REFUND POLICY
All subscriptions and fees paid to the DJ Pool are non-refundable.
19. GOVERNING LAW
These terms shall be governed by the internal laws of the State of New York, without regard to its conflicts of laws principles. You agree that any dispute concerning or arising out of the Site or the content existing thereon shall be resolved exclusively by binding arbitration before one arbitrator from the American Arbitration Association in Kings County, New York. Each party shall bear his or her own legal fees and costs.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of us, our Users and the public.