Terms
of
Use

Terms of Use

Last Updated January 02, 2020

DJ SWIVEL MUSIC, LLC (“DJ SWIVEL” or “we”) provides the DJ SWIVEL website service that allow you as an end user (“you” or “User”) to purchase and/or access third party licensed content and applications (“Plugins”) and other downloadable software and content as defined below (collectively “Service”). Please read the following terms and conditions (“Terms of Service”) carefully. Your use of the Plugins are also subject to our standard End User License Agreement (“EULA”) found here.

These Terms of Service, including the DJ SWIVEL EULA and Privacy Policy which are incorporated herein by reference, govern your access to and use of the DJ SWIVEL Service. BY ACCESSING OR USING THE SERVICE, OR BY POSTING OR ACCESSING ANY CONTENT ON THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE.

1. Modification

DJ SWIVEL reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time. We may also modify these Terms of Service, in which case you will be notified by email with a link to the modified Terms of Service. Please refer to the “Last Updated Date” in these Terms of Service for the date these Terms were last updated. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.

2. Eligibility and Access

The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are 13 years of age but under 18, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

3. DJ SWIVEL Content and Ownership

Certain types of content are made available through the Service. “DJ SWIVEL Content” means the Plugins or other content, including without limitation the DJ SWIVEL trademarks or any third party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to DJ SWIVEL, but excluding User Submissions. The Service and DJ SWIVEL Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, DJ SWIVEL and its licensors exclusively own all right, title and interest in and to the Service and DJ SWIVEL Content, including all associated intellectual property rights. You agree not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or DJ SWIVEL Content.

4. User Submissions means any content, including without limitation, any text, data, graphics, images, photos, video or audio content, hypertext links and any other information uploaded, transmitted or submitted by Users to or via the Service. DJ SWIVEL does not claim any exclusive ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Submissions. If you provide User Submissions through the Service you grant DJ SWIVEL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method. You acknowledge and agree that you are solely responsible for all User Submissions that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Submissions; and (ii) neither the User Submissions nor DJ SWIVEL’s use of the User Submissions (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, contract rights, or result in the violation of any applicable law or regulation.

5. Copyrighted Materials: No Infringing Use

If you provide User Submissions through the Service you grant DJ SWIVEL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit such User Submissions in any media or by any method.

You agree not to use the Service in any way that violates the intellectual property rights of any third party. DJ SWIVEL shall, under appropriate circumstances, terminate the accounts of Users who infringe, are believed to have infringed or are charged with infringement of the rights of copyright holders more than once. In particular, if you are a copyright owner or an agent thereof and believe that any content in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting:

DJ SWIVEL, LLC

ATTN: Copyright Manager

EMAIL support@djswivel.com

6. Interactions between Users

You are solely responsible for your interactions (including any disputes) with other Users of the Service. Your use of the Service and DJ SWIVEL Content and any other content made available through the Service is at your sole risk and discretion and DJ SWIVEL hereby disclaims any and all liability to you or any third party relating thereto. DJ SWIVEL reserves the right to contact DJ SWIVEL Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You agree to cooperate fully with DJ SWIVEL to investigate any suspected unlawful, fraudulent or improper activity via the Service.

7. General Prohibitions

You agree not to do any of the following while using the Service or DJ SWIVEL Content:

• Post, upload, publish, submit or transmit any User Submissions or content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
• Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, DJ SWIVEL’s name, anyDJ SWIVEL or third party trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without DJ SWIVEL’s express written consent;
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service.
• Attempt to probe, scan, or test the vulnerability of any DJ SWIVEL system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DJ SWIVEL or any ofDJ SWIVEL’s providers or any other third party (including another User) to protect the Service or DJ SWIVEL Content;
• Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
• Attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
• Transmit or attempt to transmit the sending of any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm DJ SWIVEL or users of the Service or expose them to liability.
• Use any meta tags or other hidden text or metadata utilizing a DJ SWIVEL trademark, logo URL or product name without DJ SWIVEL’s express written consent;
• Use the Service or DJ SWIVEL Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or DJ SWIVEL Content;
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or otherwise attack or interfere with the Service.
• Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
• Collect or store any personally identifiable information from the Service or from other Users of the Service without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate in any way any applicable federal, state, local, or international law or regulation or these Terms of Use.
• Encourage or enable any other individual to do any of the foregoing.

DJ SWIVEL will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. DJ SWIVEL may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. DJ SWIVEL reserves the right, at any time and without prior notice, to remove or disable access to any DJ SWIVEL Content and any User Submissions that DJ SWIVEL, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Service or Users of the Service

8. Links

The Service may contain links to third-party websites or resources. You acknowledge and agree that DJ SWIVEL does not endorse and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

9. Termination

You may stop using the Service at any time and may terminate the Service by closing your account with DJ SWIVEL. DJ SWIVEL may terminate your access to the Services (i) for failure to comply with the Terms of Service; (ii) in the event DJ SWIVEL discontinues the Services or a portion thereof; (iii) in the event of a change of control or sale of DJ SWIVEL; or (iv) in the event DJ SWIVEL otherwise goes out of business. Without limiting other remedies, DJSWIVEL may at any time suspend, terminate, or refuse to provide you with access to the Service for any reason, in its sole discretion.

Except as provided herein, after termination for any reason, you understand and acknowledge that we will have no further obligation to provide the Service to you and all licenses, including Subscription licenses, and other rights granted to you by these Terms of Service will immediately cease. DJ SWIVEL will not be liable to you or any third party for termination of the Service. Upon any termination or suspension, any content, materials or information (including User Submissions) that you have submitted via the Service will no longer be accessible to you.

Any suspension, termination or cancellation will not affect your obligations to DJ SWIVEL under these Terms of Service (including, without limitation, proprietary rights and ownership, licenses to DJ SWIVEL, indemnification and limitation of liability), which naturally are intended to survive such suspension, termination or cancellation.

10. Plugin Licenses

Users have the opportunity to purchase licenses to Plugins through the Service, including through Subscriptions as described in section 12 below. Users agree that such Plugin licenses shall also be governed by DJ SWIVEL’s EULA, and Users agree to such terms and conditions contained in the EULA, which is incorporated herein by reference.

Subject herein, fully paid licenses to Plugins will continue past termination provided that the User is not in breach of these Terms of Service, including the EULA. Subject  herein, Subscription Plugin licenses, as further described in section 12 below, will continue for as long as you continue to pay the Subscription fees, provided that you have an active DJ SWIVEL account in good standing and are in full compliance with these Terms of Service, including the EULA.

11. Free Trials

We offer fully-functional 14-day free trials for all individual Plugins. You may activate your free trial by following the instructions on our website. Your free trial will automatically terminate after 14 days. After the free trial ends, you may purchase the Plugin by visiting the product page on our website.

12.  Purchases

DJ SWIVEL uses a third party provider to process all payments through its website. You agree to provide complete and accurate payment information and further agree to any terms and conditions of such third party payment provider. In the case of refusal of payment, your access to the Plugins or other DJ SWIVEL Content will be denied. DJ SWIVEL cannot be responsible for the processing of any payments via the Service and Users shall contact the third party payment provider directly with any questions or concerns regarding payments. Users may contact DJ SWIVEL for other inquiries relating to refunds and returns of Plugin license purchases as provided in section 13 below.

13. Refunds

As provided in section 11, we offer 14-day fully-functional, free trials on all of our Plugins for you to test before you buy them so you are sure you will be satisfied with your purchase. Nevertheless, you may request a full refund on your purchase provided that it meets the requirements of our refund policy. you can submit a refund request by contacting us at support@djswivel.com. Our full refund policy can be found HERE

14. Disclaimers

THE SERVICE, DJ SWIVEL CONTENT, PLUGINS, AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DJ SWIVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, NON-INTERRUPTION, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

15. Indemnity

You agree to defend, indemnify, and hold DJ SWIVEL, its officers, directors, employees, agents, and third party licensors, harmless from and against any claims, liabilities, losses, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or DJ SWIVEL Content, or your violation of these Terms of Service.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DJ SWIVEL, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, PLUGINS, USER SUBMISSIONS, OR DJ SWIVEL CONTENT, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DJ SWIVEL’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED $10. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Trademark Rights

The trademarks “DJ SWIVEL” and accompanying logos are trademarks or registered trademarks of DJ SWIVEL. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

18. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles County, California.

19. Entire Agreement

These Terms of Service (including the Privacy Policy and EULA) constitute the entire and exclusive understanding and agreement between DJ SWIVEL and you regarding the Service and DJ SWIVEL Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between DJ SWIVEL and you regarding the Service and DJ SWIVEL Content.

20. Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without DJ SWIVEL’s prior written consent. DJ SWIVEL may freely assign these Terms of Service, including EULA.

21. Notices

Any notices or other communications required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by DJ SWIVEL via email if applicable (in each case to the address that you provide) or by posting to the Service.

22. General

The waiver of any such right or provision will be effective against DJ SWIVEL only if in writing and signed by a duly authorized representative of DJ SWIVEL. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be severed and reinterpreted so as to be enforceable to the maximum extent permissible in order to reflect the original intent of the parties and the other provisions of these Terms of Service will remain in full force and effect. YOU MUST SUBMIT ALL CLAIMS MUST WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU.

23. Contacting Us

If you have any questions about these Terms of Service, please contact DJ SWIVEL at support@djswivel.com