PLUG.DJ TERMS OF SERVICE
Last Updated: October 14, 2013
2. Description of Service
Plug.DJ is an online platform that melds social media and entertainment. In other words, Plug.DJ is designed to allow you and your friends to watch videos or listen to music together. It’s like being in the same room, only not. As part of our platform you will create a unique profile that will allow others to find you and for you to express yourself. As of now, we require all of our users to be at least 13 years old. If you are between the ages of 13 and 17 then we may require you to obtain permission from your parents to agree to these Terms.
In order for you to access Plug.DJ we may require that you create a unique account to associate with a profile. You may be required to provide us with information, which includes, but is not limited to, your name, address, e-mail address, a unique login name and password. It is your responsibility to also keep this information updated and accurate.
We may also allow you to use a third party API to sign up for our Site, like Facebook Connect or Twitter. Whenever you use this feature, certain information will be transferred from the third party account and will populate your profile here at Plug.DJ. It is important to read and understand that third parties privacy and information sharing practices and principles. More importantly, you will be making certain information publicly viewable.
4. Our rules
We may, but are not obligated to, provide our users with the ability to post and receive messages from other Plug.DJ-listed users or allow you to participate in video or live chats with your friends or other users. If we do, you will not use the messaging system to spam, defame, harass, or do anything we find to be objectionable (which is up to us). It is your responsibility to maintain proper etiquette, and we reserve the right to terminate the account for anyone who violates our policies. We also do not monitor any particular chat, but reserve the right to edit, modify, ban, or filter any Content for any reason. If someone posts something that is offensive or objectionable please let us know and we will do our best to accommodate you. We do not, however, assume any obligation to remove such Content.
You may share videos and music that is hosted on a third party website (i.e. youtube, vimeo, soundcloud) but only if it doesn’t conflict with their terms or any applicable law. You may not, however, share any Content that is unlawful, threatening, violent, pornographic, harassing, obscene, racist, defamatory, or otherwise objectionable. We reserve the right to determine what is objectionable at our sole discretion.
In addition to the above, you agree that you will not:
- Infringe on anyone's intellectual property or other legal rights (i.e. invasion of privacy).
- Hack, crack, phish, SQL inject, or otherwise compromise the security of our website or its servers.
- Solicit business, spam, or otherwise use our service for commercial purposes unless expressly authorized by us.
- Defraud or threaten any of our users through any method, whether it be through our website or through another method of communication.
- Create more than one active user account, or create a new user account if we have previously banned, suspended, or otherwise terminated your first user account.
- Harass anyone.
- Impersonate anyone.
- Do anything unlawful or bad (we define what is bad)
How we react to your violation of any of these Terms does not mean we will treat everyone the same. We may do anything from yell at you, temporarily suspend your account, ban you, or haul you into Court.
5. Sharing Videos and Music
Plug.DJ may permit you to share videos and music with your friends. We may also allow you to use video or live chat to discuss the video or music as it is playing. Please note, however, that we do not host any Content ourselves. Instead, you must use our platform to share your video or music from the third party video hosting website. You agree that you will be responsible for the Content you upload, and that nothing you share will infringe on the rights of anyone. Furthermore, you warrant you have the ability to grant the right to share such Content without any obligation to pay any royalties to any copyright owner. You will be responsible for the payment of any royalty and any associated damages, fees, fines or penalties, in the event we find out you have shared Content in violation of another’s intellectual property rights.
Not to sound like a broken record, but we have to make sure you understand that you will be responsible for any Content that you upload, including the consequences of any infringement. By sharing any Content you are, in essence, utilizing a third party license to distribute and share Content. You may only do this if the Site from which you are linking has given you a license to share such Content in the manner contemplated. If it does not, then you cannot share that Content.
For further clarity, you must only distribute videos or music that you are legally permitted to…meaning you cannot share videos or music that violates anyone’s third party intellectual property rights. For example, you must not share anything that the third party site would prohibit. In addition you will not modify, edit, disassemble, or create derivatives of anything that you do not own the rights to.
Should you believe that your Content is being infringed on by, please note that we are not responsible for hosting it and it is the third party site which is serving the file, and until is removed from the third party site, it will still be available through their search engine. As such, copyright notices should be sent to both us and the third party site, and you should visit their terms for more information.
6.1 Our Copyrights
By in large, our Site consists of people sharing their tastes in videos and music. By sharing this Content, you are granting, to the degree you are able to, the irrevocable, perpetual, royalty-free and unlimited right throughout the world to view such Content and to utilize it for the purposes intended by the Site and all other purposes described herein (including those rights described in Section 6.2 below). As far as our Site is concerned, all of Plug.DJ is protected to the fullest extent of the law by United States intellectual property law. You are given a limited, revocable, non-transferable, license to use our Site for the purposes it is intended. Therefore, as a condition of using our website, you agree not to reproduce any of our Content, or our users’ Content, without our express, written permission.
6.2 Grant of Rights
We may give you the ability to post Content to our website, including on your profile and in our discussion forum. Therefore, you agree that you warrant to us that you own the right to post this Content, and that you are granting us a non-exclusive, irrevocable, universal, perpetual, commercial and non-commercial right to reproduce, distribute, and authorize the use of your Content by other parties for commercial and non-commercial reasons, without further compensation by us or any third parties. You agree that you are warranting to us that you have the right to grant us these rights for any Content that you post or provide.
7. Trademarks & Trade Dress
We rely on our site’s unique marketing materials, including our name, trademarks, web design, and other features to distinguish us from competitors and other third parties. Therefore, you agree that you will not use our trademarks or name or any other Content posted by us on the Site, copy the “look and feel” of our website, or otherwise infringe on our trademark, trade dress rights, copyright, or other intellectual property rights.
8. DMCA Notices
Our Site is consists of Content that is lawfully shared from third party Sites. It is merely a platform for people to get together and comment and discuss their views on Content. However, we understand if someone may have issues with Content that is posted…which is why we take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message that contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
Plug DJ's designated Copyright Agent to receive notifications of claimed infringement is Alex Reinlieb, 1600 Vine Street Suite 1019, Los Angeles, CA 90028, email: [email protected] For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Plug.DJ customer service at http://support.plug.dj.
If sending the notification by e-mail, an electronic signature is acceptable.
Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded or otherwise placed the allegedly infringing material on the Site that we have removed or disabled access to such material.
If you believe that material has been removed improperly, you must send a written counter notification to the Agent, and include:
- a. a physical or electronic signature of the subscriber;
- b. 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;
- c. a statement under penalty of perjury that the subscriber 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;
- d. the subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the original notification or an agent of such person.
Upon receipt of a counter notification complying with the foregoing requirements, we will promptly provide the person who provided the original notification with a copy of the counter notification, and inform that person that we will replace the removed material or cease disabling access to it in 10 business days, unless we receive notice that the original notifier has notified the designated agent for the counter notifier that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. It is also our policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. We retain the discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. There are penalties for submission of misleading information in connection with the process described herein.
9. Disclaimer and Limitation of Liability
THE SITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE TO DELIVER, HOLD OR STORE DATA, INFORMATION OR EMAIL TRANSMITTED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE TO YOU FOR MORE THAN THE ACTUAL DOLLAR AMOUNT THAT YOU PAID FOR THE USE OF THE SITE.
Without limiting any of the foregoing, we are not responsible for any of your materials and data residing on our network hardware. You are responsible for backing-up your materials and data that may reside on our network, whether or not such materials and data are produced through the use of the Site.
You agree to indemnify, defend and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any claim, action, demand, liability, judgment, or damage, including reasonable attorney's fees, arising out of or related to your use of the Site and/or your violation of these Terms, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
11. Choice of Law
We wish to make things as simple as possible in applying this Agreement to our users, and we can’t do that if a different jurisdiction’s law applies for each user who signs up based on where they live. Therefore, you agree that this Agreement is subject solely to and shall be interpreted in accordance with the laws applicable in the State of California USA. Any dispute that arises from this Agreement must be brought within the State of California. The prevailing party in any dispute will be entitled to their attorneys’ fees and costs.
12. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), any third party site being down, communication disruption, failure or shortage of infrastructure, zombie attacks, shortage of materials, or any other event beyond our control.
13. Cancellation of Service
You agree that we may cancel our service at any time, for any reason, without warning or compensation, even if we have been advised that it may result in a loss to you or any other party.
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unlawful or unenforceable provision being included in it.