(2) Description of the Services - Livesets enables DJ’s to upload and share audio and DJ sets with other users. Livesets is an on-demand platform that helps DJ’s host and distribute their content online. It’s all about helping fans discover new music.
(3) Intellectual Property Rights - Unless otherwise stated, we or our licensors, affiliates or subsidiaries own the intellectual property rights in the website and material on the website. Subject to the license below, all our intellectual property rights are reserved. No rights to the Content are granted to you.
You acknowledge that the Services contains various materials and content, without limitation, the 'Content', provided either by Livesets, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Livesets and /or its contributors and may not be copied in whole or in part. You may stream and make personal, non-commercial use of the Content permitted by the Dutch Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not download, retain or store any significant portion of any Content. You will comply with laws regarding transmission of data. You cannot download the Content: instead you can purchase tracks in the relevant digital stores by following the provided Store links.
(4) License to Use Website – After subscribing as a Contributor (i.e. signing up as a DJ), you may upload Content created by you or for which you have received express permission from the owner on the Services so that other users may view and stream said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Livesets and its successors, assigns and licensees, for the sole purpose of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content.
If your copyrighted or trademarked works are on the Livesets website without your permission, please contact info at Livesets.com describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.
You control your data through its generated link via your account and/or cookies which may be placed on your computer. Livesets maintains multiple copies of active files. Livesets bears no responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Livesets will not be liable for any losses you might suffer, you may be liable for the losses of Livesets or others.
Livesets does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Livesets may, in its sole discretion, correct any errors or omissions in any Content. Livesets Content may contain links to external sites; however, Livesets is not responsible for any availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of Livesets.
Refund requests are handled on a case-by-case basis. If you feel you are due a refund, contact Livesets by email at refund at Livesets.com.
Livesets reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to info at Livesets.com. Each complaint will be investigated and appropriate action will be taken.
Livesets may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
(6) Limitations of Liability - You acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Neither Livesets nor any provider of any third party content warrants that the service will be uninterrupted or error free or make any warranty of the results to be obtained from use of the services or content. Both the services and Content are distributed on an 'as is, as available' basis. Neither Livesets nor any third party makes any warranties of any kind, either express or implied, including, without limitations, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the services or content or any products or services sold through the services.
Light patterns, like those displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.
You agree to indemnify, defend and hold Livesets and its affiliates, and their respective officers, directors, owners, agents, information providers and licensor's harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Livesets Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Livesets reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Livesets's defense of such claim.
(7) Website Usage - You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish, upload or send material which is illegal or unlawful, or material which could give rise to legal action under Dutch and other applicable law. All material you copy, publish or send via our website or upload to our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime further, material must not be misleading, deceptive, pornographic, threatening, abusive, harassing or menacing.
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
You agree while using Livesets Services, that you may not:
- Use the Services for any illegal purpose;
- Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature;
- Upload any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;
- Reformat or frame any portion of any web page that is part of the Services without the express permission of Livesets;
- Collect or harvest any personal identifiable information or solicit users;
- Impersonate another person, whether real or fictional;
- Permit any third parties to use your name and password;
- Violate or attempt to violate Livesets systems or interfere with the normal use of the Services by users;
- Resale Livesets's products and Services;
- Post Content containing restricted or password only files;
- Post advertisements or solicitations of business;
- Transmit any form of solicitation or Spam;
- Submit any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;
- Promote an illegal or unauthorized copy of another person's copyrighted work;
- Submit Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;
- Submit Content that violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;
- Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;
- Export or re-export Content in violation of the export or import laws of the Netherlands or without all required approvals, licenses and exemptions;
- Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
You agree while using Livesets Services to respect the intellectual property rights of others.
We reserve the right to edit or remove any material posted upon our website. Please e-mail reports of any TOU violations to info at Livesets.com
We may take such action as we deem appropriate to deal with the posting of unsuitable, unlawful or copyright-infringing material, including suspending or canceling your account, restricting your access to our website, or commencing legal proceedings against you.
(8) Linking and On-Demand Audio Player Policy - You may include links to the Website or include audio players in any website under the following criteria:
(a) You may link to, but not replicate, the Content;
(b) You must not imply that Livesets or the Platform are endorsing or sponsoring your website or its products, unless Livesets has given its prior written consent;
(c) You must not present false information about Livesets or its products or services;
(d) You must not use any Livesets Content or Services except as expressly permitted in these Terms & Conditions or without prior permission from Livesets;
(e) The website must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial;
(f) The website must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights.
By linking to or embedding an audio player in a third party website, you agree that you do and will continue to comply with the above linking and embedding requirements. We reserve the right to deny permission to link to the Website or embed audio players for any reason in our sole and absolute discretion.
Livesets audio players are designed to enable our users to share Livesets with their friends. You are strictly prohibited from using any of the Livesets audio players for any form of commercial use, unless with prior written consent from Livesets. If you are the operator of a commercial website and would like to include Livesets audio players in your website, or if you would like to use the audio players for commercial purposes, please contact us by emailing feedback AT Livesets DOT com.
Livesets reserves the right to remove links or to block Livesets audio players at any time and for any reason in its absolute discretion.
(9) Third party websites - The website contains links to other websites. We are not responsible for the content of third party websites. By use of the Services, you expressly relieve Livesets from any and all liability arising from your use of any third-party website.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the policy or any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.
(15) Our Contact Details - You can contact us by
legal at livesets dot com
DATE: FEB 2018