Terms of Use Agreement
Last updated January 8, 2025
The following terms of use agreement (“Agreement”) constitutes a legal agreement between you (“you”, “your”) and DJcity (“DJcity”, “we”, “us”, “our”) and outline your obligations when using the DJcity website (“Website”) and/or services provided for therein (“Service”). By using the Website and/or Service (“User(s)”), you agree to be bound by this Agreement. We reserve the right to modify this Agreement at any time without notice, in our sole discretion. It is your responsibility to check the Agreement each time before using the Website and/or Service, and your continued use of the foregoing will indicate your acceptance of any changes to the Agreement. You furthermore agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Website and/or Service.
1. Age Requirement.
In order to use the Website and/or Service, you must (a) be 18 years or older, or, be 13 years or older and have your parent or guardian’s consent to the terms of this Agreement; and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. If there are parts of the Website where you need to register and provide certain personal information to DJcity, you must be at least 18 years of age. If you are at least 13 years of age, but under 18 years of age, you must present this Agreement to your parent or legal guardian, and they must click “AGREE” or “SIGN UP,” as may be applicable, to enter into this Agreement on your behalf.
Children under 13 years of age may not register for the Website, nor may parents or legal guardians register on their behalf. If you are a parent or legal guardian entering this Agreement for the benefit of your child or a child in your legal care, be aware that you are fully responsible for the child’s use of the Website, including all financial charges and legal liability that they may incur.
2. Content.
All “Content”, including but not limited to digital downloads of sound recordings, streamed sound recordings and related digital content, including songs, mixes and loops, downloads or samples, and all software, artwork, graphics, video, text, editorials, content descriptions, interfaces, trademarks, logos, images, photographs, and any other element of the Website, including the layout, look and feel, organization, and coordination of such Content on the Website is the property of or is licensed to DJcity, and is protected by U.S. and international trademark, trade dress, copyright, and other intellectual property rights laws. Without the prior written consent of DJcity or the applicable copyright holder, and except as provided in this Agreement, no Content may be transmitted, distributed, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, distributed, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. The Content is only for your personal, noncommercial use, as applicable, or for use (a) WITHIN UNITED STATES – ASCAP, BMI & SESAC performance rights compliant venues for promotional purposes as defined by the US Copyright Act, and (b) OUTSIDE UNITED STATES – licensed performance venues as indicated by your country’s laws.
Those who provide the Content (“Content Providers”) will retain ownership of any and all copyright, trademark, publicity, and/or any other intellectual property rights they may have in the Content. DJcity retains ownership in the Website and any underlying programming, object code, source code, scripting, designs or systems therein.
When using the Website, you understand that you may encounter Content that may be deemed objectionable, indecent, or offensive, which may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Website at your own risk and DJcity shall have no liability to you for Content that may be found objectionable, indecent, or offensive. DJcity reserves the right, but not the duty, to remove Content it finds, in its sole discretion, objectionable and/or offensive.
3. Account Registration.
To use the Services and various features of the Website, you may be required to register and provide certain information (such as name, email, password and billing information) (collectively “Registration Data”) to DJcity for the purposes of creating an “Account”.
You agree to provide current, complete and accurate Registration Data at the time of registration, and to update the Registration Data as necessary. DJcity may terminate your Account and any or all rights to the Website if, in DJcity’s sole discretion, any information you provide is presumed to be inaccurate, false, incomplete, overtly offensive, misleading, or if DJcity suspects the use of fraudulent and/or illegal behavior, such as, but not limited to, identity theft, account sharing, or use of stolen credit cards. You agree that DJcity may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account. For further information on how we store and process your information, please see our Privacy Policy.
You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify DJcity immediately of any unauthorized use of your password and/or Account. DJcity shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify DJcity, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Website. Should you attempt to do so or assist others in making such attempts, DJcity shall have the right to terminate your Account and pursue all available remedies at law.
4. Grant.
DJcity grants to you a non-exclusive, non-transferable, license to preview and download Content on the Website for personal (i.e., non-commercial/non-resale) purposes only. Except as set forth here, no interest, title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Content, or the Website is transferred to you.
5. Termination.
This Agreement shall continue in perpetuity and shall bind you for the duration that you use the Website, Service and/or hold an Account. In the event that your Account is terminated for any reason, this Agreement will remain in effect to govern your use of the Content, Website and/or Service where applicable.
DJcity constantly monitors our system for abuse. If you fail, or if DJcity suspects that you have failed, to comply with any of the provisions of this Agreement or act in a way that abuses the DJcity Service, DJcity, at its sole discretion, without notice to you, may: (a) terminate your Account without a refund, and/or (b) preclude your access to the Website (or any part thereof), and (c) seek any other lawful remedy available. In such case, you will remain liable for all amounts due under your Account up to and including the date of termination. If you believe your account has been compromised, please change your password immediately.
Acts which may amount to abuse and/or failure to comply with this Agreement include, but are not limited to: account sharing, using scripts or other automated methods of mass downloading, attempting to bypass the download limit policy, and other means of circumventing the system restrictions, failure to make payment of fees due, failure to provide DJcity with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, using your Account for activities DJcity believes violate the intentions or integrity of its platform including violation of a third party’s intellectual property rights, or any other violation of this Agreement or any license to the software.
6. Fees.
You acknowledge that DJcity does and/or reserves the right to charge for the DJcity Service and to change its fees from time to time in its discretion, and to charge customary late fees (the Subscription information is incorporated herein by reference). If DJcity terminates your Account because you have breached the Agreement, you shall not be entitled to any refund. If you cancel your DJcity account before the renewal term, your subscription shall remain available through the then current paid plan. There is no entitlement to a refund for early termination.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
7. Copyright Policy.
The Content available through the Service is the property of the Content Providers or its licensors (or DJcity) and is protected by copyright, trademark, patent and other intellectual property laws. You are not permitted to substantially modify, distribute, or reproduce in any way any copyrighted Content, trademarks, or other proprietary information belonging to others (for profit or otherwise), and you have no right to provide any files obtained through the Service to any other party through any other means, without obtaining the prior written consent of the owner of such proprietary rights.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please submit a request or contact our Copyright Agent at copyright.agent@djcity.com and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the Content that you claim is infringing is located on the DJcity website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Once such documentation has been received, DJcity will review the complaint in accordance with DMCA rules and DJcity’s own internal policies.
Notwithstanding the foregoing, the restrictions provided for herein do not prohibit your use of any legal, and licensed, use of the Content.
8. Indemnity.
You agree to indemnify and hold DJcity, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any party due to or arising out of your use of the DJcity Website, Service, or Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that posted on the DJcity Website or through the DJcity Service causes DJcity to be liable to another.
9. Warranty.
By using the DJcity Service, you represent and warrant that (a) all Registration Data you submit is truthful and accurate; (b) you will maintain the accuracy of such Registration Data; and (c) your use of the DJcity Service does not violate any applicable law or regulation. You shall indemnify DJcity against any breach or violation by you of this Agreement and/or the law.
10. Limitation on Liability.
IN NO EVENT SHALL DJCITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF DJCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DJCITY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DJCITY FOR THE DJCITY SERVICE DURING THE TERM OF MEMBERSHIP.
11. Disputes.
If there is any dispute about or involving the DJcity Website or Service, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the State of California, in the City of Los Angeles. Either DJcity or you may demand that any dispute between DJcity and you about or involving the DJcity Website or Service must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent DJcity from seeking injunctive relief in a court of competent jurisdiction.
12. Privacy.
For additional information regarding DJcity’s use of information collected in connection with the Website, please refer to the Privacy Policy, which is incorporated into these terms of use for reference: https://www.djcity.com/privacy-policy
13. Miscellaneous.
This Agreement is accepted upon your use of the DJcity Website or Service and is further affirmed by you obtaining an Account. This Agreement constitutes the entire agreement between you and DJcity regarding the use of the DJcity Website and Service. The failure of DJcity to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you have any questions about this Agreement, please contact us by writing, emailing, or submitting a help ticket using the information below:
DJcity
909 S Santa Fe Avenue
Los Angeles, CA 90021
United States
Email: support@djcity.com