Terms & Conditions
October 28, 2020
Beginning on 1 July, 2020 at 12:00 p.m., through 14 August, 2020 at 12:00 p.m., and on subsequent dates, which will be brought to the knowledge of users by providing information on the official page, Djooky, INC. a company incorporated in accordance to the law of Delaware, USA, file number 7970772, with its registered office in the State of Delaware which located at 16192 Coastal Highway, Lewes, Delaware, 19958, County of Sussex (hereinafter - “Company”) and for the purpose of music award contest (hereinafter - “Contest”) located at www.djooky.com and mobile application(the “Platform”) will accept original music compositions which consist of melody and lyrics (each, a “Song”) from eligible singers (each, an “Artist/Songwriter” and collectively, the “Artists/Songwriters”), which will be judged by public voting of Platform Users and Platform Experts. (Song/s, video, the photos which located at the Platform together or separately - "Content")
This is a skill-based contest. The Contest is possible to participate in by using the application “Djooky”, which shall be downloaded from the App Store/Google Play, or through the Website. No entry fee to participate is required.
ACCEPTANCE OF TERMS
WHO MAY PARTICIPATE
The Contest is open to Artists and Users from all countries of the world 16 years of age or older OR the applicable age of majority in your jurisdiction which allows you to take part in a song contest and use such a Platform. An Artist of minority age shall have the right to participate in Contest ONLY in case of written parental consent. An Artist submitting a song with multiple co-writers must have all co-writers’ consent to participate in this Contest.
Contest sponsors and each of their respective parent companies, affiliates, subsidiaries, licensees, successors and assigns, officers, directors, contractors, partners, shareholders, representatives, members, agents, employees, and advertising and promotion agencies, web developers, and marketing agents (collectively with Promoter Parties, the "Released Parties") are not eligible to participate in the Contest. Platform reserves the right to require Artists to prove that they are eligible. Contest is subject to all applicable country, state, federal, provincial, territorial and local laws.
HOW TO PARTICIPATE
Any User of the Platform may submit Songs on the Platform using his/her personal Platform Account. After submission, such User shall acquire the status of an Artist.
To upload Songs, Artist/Songwriter must register and create an account (hereinafter - Profile). To submit a Song online, visit the Website www.djooky.com and follow the instructions provided to sign-in to your Platform (if a member). Then, follow the directions provided to complete the online registration form, and upload your Song.
Artist/Songwriter may upload any number of Songs but only one Song can be submitted (hereinafter - Entry/Submission) by Artists/Songwriter for the Contest.
Artist/Songwriter will also be encouraged to upload their promotional photographs which will be accessible to the media for use in media publications.
The Song must not have been commercially released (released by one of the three major labels: Universal, Sony, Warner or/and their affiliates).
Songs must be in .mp3, .wav or .ogg format no larger than 100 Mb in file size. Incomplete Entries, including but not limited to those Entries that do not address the requirements set forth in these Terms and Conditions, may be disqualified at Platform’s sole discretion. Songs shall be grouped by genre and country automatically by Platform on the basis of Artist account.
By making an Entry, Artist hereby grants to the Platform a fully-paid up and royalty-free, irrevocable, perpetual and worldwide license to use and display the Submission on the Website, to provide radio stations with each Entry to play them on the radio in marketing purposes and otherwise use the Submission in accordance with these Terms and Conditions for promotional and/or educational purposes, without compensation of any kind or further notice to or approval from Artist or any third party, unless otherwise specified by the Platform.
The Platform shall not be responsible for any unauthorized third party use of any Submission. The Platform shall not guarantee that any Submission made will be posted. Artists retain any and all ownership rights they may have in and to the Submissions and the Platform shall not be deemed to be the owner of such Submissions as a result of these Terms and Conditions.
FOR THE AVOIDANCE OF DOUBT, PLATFORM WILL NOT USE ANY SUBMISSION FOR ANY COMMERCIAL PURPOSES BUT RATHER ALL USAGE SHALL BE FOR PROMOTIONAL, MARKETING, ADVERTISING AND/OR EDUCATIONAL PURPOSES ONLY. ANY COMMERCIAL USE OF ANY SUBMISSION SHALL BE SUBJECT TO FURTHER AGREEMENT BETWEEN ARTIST AND PLATFORM AND SHALL REQUIRE ARTIST’S WRITTEN CONSENT.
Song and Entry must be the original work of the Artist, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Prior to making a Submission, Artist must obtain any and all releases and consents from any and all co-writers, and any songwriter and other parties necessary to permit the use and exhibition of the Song/Entry by the Platform in the manner set forth in these Terms and Conditions. Artist and/or co-writers may not submit the same Song/Entry more than once. The Platform reserves the right to request proof of these permissions in a form acceptable to the Platform from any Artist at any time and, at its discretion, to disqualify any Submission they determine, in their discretion, fails to satisfy any of the above requirements.
Songs must comply with the following content guidelines:
- Content cannot promote any activities that may appear unsafe or dangerous;
- Content cannot be obscene or offensive, endorse any form of hate or hate group;
- Content must contain artistic and musical performance value;
- Content cannot contain any material that infringes on the intellectual property rights or other rights of any third party, including, without limitation contractual rights, copyrights, rights of privacy, music and/or lyrics owned or administered by any other person or entity, or contain any personal identification such as license plate numbers, e-mail addresses or street addresses;
- Content cannot contain copyrighted materials owned by others (including recordings, sampling or “scratching” and other works published or used on or in websites, television, movies or other media);
- Content cannot communicate messages inconsistent with the positive goodwill to which Djooky or its Users wishes to associate;
- Content cannot depict acts or situations, and cannot itself be, in violation of any law or otherwise;
- The Song cannot be a cover or sample another artist’s work. They cannot contain copyrighted materials owned by others (including recordings, sampling or “scratching” and other works published or used on or in websites, television, movies or other media).
- The song and other uploaded multimedia material should not contain any defamatory or obscene material.
- Obscene, indecent or in any other way offensive content will be removed from the platform.
The Platform reserves the right to estimate the rate of the inappropriateness of the Content, and if it exceeds the level needed to convey a thought or to express the idea of the Content, the Platform shall have the right to remove such Content without Artist's/Songwriter's permission.
CONSENT TO USE IMAGE(S) OF THE USERS
In the case that photographs, illustrations, videos or other objects contain images of the Artist or other User-made (transferred to the Company by the Artist/User) in the scope of his/her cooperation with the Djooky Platform (the "Images"), all rights to the Images (including copyrights and all other economic intellectual property rights) belong to the Company.
The Company has an inalienable right (which may be licensed, transferred and provided for use in such manner as the Company will consider necessary) to use, publish, reproduce, perform a public display in digital form, or in any other form, known now or invented later, the Images in any form, without limitation, using, in whole or in part, in an original or redone form, without limitation, the corresponding text or visual representation associated with the name of the Artist/User, or any other fictitious name for illustrations, advertising, public use in the fields of art, marketing, publication or any other commercial use. The Artist/User also agrees that any text, audio, sound, action, video, program, effect, etc. that may be associated with its Image in one way or another may be used. Based on the Artist's/User’s consent, the Company guarantees that the Images will not be used for pornographic, obscene, discrediting or defamatory purposes, and will undertake to control it with all possible commercial and non-commercial means.
The Artist/User waives the right to correct the Images or interfere with the Company's right to use the Images. The Artist/User agrees to retouching, dimming, distortion, and the use of optical illusions in the process of preparing the publication of the final version of the Images.
CONSENT TO THE COMMERCIAL USE OF THE SONG
The Artist/Songwriter who uploads his/her Song to the Platform consents to the use of the uploaded content by the Company for commercial purposes. Before using the Song, the Company will send an email to the Artist's authorized address by the Platform to confirm the Artist's consent to the commercial use of the Song. If the Artist confirms his/her consent in writing by responding to the Company's email or does not respond to the email within seven working days, the Artist is considered to have given his consent. In addition, Company may conclude an agreement between the Artist/Songwriter and Company about the specific terms of cooperation at the request of the Artist/Songwriter.
Any and all audio, text, photos, pictures and other content that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Content") is generated, owned, licensed and/or controlled subject to the rules and the regulations of the Platform.
All content, trademarks, product names, company names, and/or logos on the Platform are the property of their respective owners. Neither other authors nor the Company grants you any express or implied permission to use the Content that does not belong to you.
Without prejudice to the conditions set forth in your use of the Platform you must not, and must not permit any third party to, upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights, or to release, broadcast or otherwise "leak" the Content prematurely/contrary to the Platform rules and guidelines. In particular, any unauthorized use of copyright-protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution (and possible damages and attorneys fees) by or on behalf of the relevant rightsholder.
If you violate the intellectual property rights of the Company or third parties, you shall be solely responsible for all direct and indirect damages suffered by the rightsholders in the framework of civil, administrative, and criminal liability due to the applicable law.
SELECTION OF ENTRY, RANKING, AND JUDGING PHASE
Upon registering, Users will be presented with a list of Entries submitted by the Artists/Songwriters for Djooky Music Awards. While browsing the Entries, Users will not be able to see which country each Entry represents. This information will be seen on the Artist’s/Songwriter’s Profile screen.
However, the Entries can be filtered by country, by continent or by genre. Users may now start creating their favorite shortlists and ranking the Entries.
To add an Entry/Song to favorites shortlist, a User shall tap on the star near each Entry. To delete an Entry/Song, a User shall swipe left and the list will not show this Song to the User again. The User may listen to the list of Entries by using scrolltop without swiping left or right.
Upon registration, all users will be given 100 Voting Points (VPs). VPs are points which Users allocate to the Entries they believe will have the best chances of topping the charts. The amount available for ‘ranking’ (100 VPs) will be shown in the VP box icon of a User account. A User allocates VPs available to them according to their taste and expertise in music.
Users can allocate up to 100 VPs freely to express their personal preferences on any Entry. Based on the points allocated across all users an Entry song ranking will be created in real-time. Entry ranking determines the Song position in the national, continental, and global charts. Charts are a list of Entries in the order of ranking (hereinafter - Charts). If several songs have equal ranking points the Entry which was uploaded later occupies the highest position.
At this stage, the Artists/Songwriters are allowed to change their Entries to another uploaded Song in their Profile. This may happen if an Artist/Songwriter sees that Users who visited his/her Profile are increasingly expressing their appreciation of a Song different from the one an Artist/Songwriter had previously chosen as an Entry. The option of changing an Entry by the Artist/Songwriter will become unavailable 24 hours prior to the beginning of the voting.
Users may also go to an Artist’s/Songwriter's Profile to see which country the latter represents and listen to all other Songs uploaded by the Artist/Songwriter. The Users may express their appreciation of a Song from the Artist’s/Songwriter’s playlist by clicking ‘heart’ by the song they like.
User Ranking - Predicting the top of the charts
Based on how early a User defines a future top of the Charts hit, and how many points allocated through ‘ranking’ Entries by Forecast Points (FPs), the Platform will create a User ranking which is available for all Users in real-time. The minimum amount a User may allocate on one Entry is 1 FP. The maximum amount available for allocation investment on one Entry is 100 FPs. Users may change their mind and re-allocate their FPs as they please. This will have an effect on their User ranking. User ranking is calculated based on Users' ability to quickly identify Entries which quickly rise in the Charts.
Users may only ‘rank’ the Entries nominated for the Awards. If an Artist changes Entry at this stage, the FPs allocated in the previous Entry will be released. The previous Entry will be removed from the Charts.
The Entry from each country, which scores the most VPs from Users of the Platform shall be the Top One Entry of the National Chart. Continental and Global Charts will be formed according to the same criteria.
National Voting Round
The National Voting Round starts on Sunday, November 22, 2020. Voting takes place online within the Djooky App. The voting window will last for 24 hours. All registered Users will receive an email and a push notification with the reminder to cast their vote for their favorite Entries in their country of registration.
Users will not be able to cast votes for Entries from other countries.
Once the Voting window opens, Users will be given 100 VPs to allocate to the preferred Entries from their country in the voting screen of the Djooky App. The process of points allocation is exactly the same as allocating preference points in the Favorites list. A User may allocate a maximum of 100 VPs to one Entry or spread them between several Entries.
In each country, the Entry which has received the highest number of points from the national audience shall be ranked first and is deemed to be the winner who qualifies for the continental final together with the second and third place Entries.
(If only one Entry participates in the national voting round it automatically qualifies for the continental voting round.)
List of countries eligible to take part in the national voting round is here https://www.un.org/en/member-states/.
Along with the announcement of National Winners, Top National Experts will be announced.
A Top National Expert is defined as the User who has the most ranking based on their pre-voting prediction and calculated according to the Djooky formula (section “Ranking” on Djooky Website and Djooky App).
Continental Voting Round
Continental Voting Round starts on Wednesday, November 25, 2020. The presented list of Entries will include only the top three Entries which won in the national voting rounds of the respective continent.
Voting takes place online on the Djooky App and Djooky Website. The voting window will last for 24 hours. All registered Users will receive an email and a push notification with the reminder to cast their vote for their favorite Entries from the continent to which their country of registration belongs.
Users will only be able to vote for the Entries from their continent. Users can vote for the Entries from their country. Users will be given 100 VPs to allocate to their favorite Entries.
Please note that eligibility to take part in a certain continental vote is based on the United Nations Geoscheme where Northern America, the Caribbean, and Central America together form the geographic continent of North America; and Oceania includes the sub-regions Australia and New Zealand, Melanesia, Micronesia, and Polynesia.
Djooky Music Awards will host six Continental Voting rounds.
Countries eligible for the Continental vote of North America include: Canada (1), United States of America (2), Mexico (3), Guatemala (4), Belize (5), Honduras (6), El Salvador (7), Nicaragua (8), Costa Rica (9), Panama (10), Bahamas (11), Cuba (12), Jamaica (13), Haiti (14), Dominican Republic (15), Saint Kitts and Nevis (16), Antigua and Barbuda (17), Dominica (18), Saint Lucia (19), Saint Vincent and the Grenadines (20), Barbados (21), Grenada (22), Trinidad and Tobago (23).
Countries eligible for the Continental vote of South America include: Argentina (1), Bolivia (2), Brazil (3), Chile (4), Colombia (5), Ecuador (6), Guyana (7), Paraguay (8), Peru (9), Suriname (10), Uruguay (11), Venezuela (12).
Countries eligible for the Continental vote of Oceania include: Australia (1), Federated States of Micronesia (2), Fiji (3), Kiribati (4), Marshall Islands (5), Nauru (6), New Zealand (7), Palau (8), Papua New Guinea (9), Samoa (10), Solomon Islands (11), Tonga (12), Tuvalu (13), Vanuatu (14).
Countries eligible for the Continental vote of Asia include: Kazakhstan (1), Kyrgyzstan (2), Tajikistan (3), Turkmenistan (4), Uzbekistan (5), China (6), Democratic People's Republic of Korea (7), Republic of Korea (8), Japan (9), Mongolia (10), Brunei Darussalam (11), Cambodia (12), Indonesia (13), Lao People's Democratic Republic (14), Malaysia (15), Myanmar (16), Philippines (17), Singapore (18), Thailand (19), Timor-Leste (20), Viet Nam (21), Afghanistan (22), Bangladesh (23), Bhutan (24), India (25), Iran (26), Maldives (27), Nepal (28), Pakistan (29), Sri Lanka (30), Armenia (31), Azerbaijan (32), Bahrain (33), Cyprus (34), Georgia (35), Iraq (36), Israel (37), Jordan (38), Kuwait (39), Lebanon (40), Oman (41), Qatar (42), Saudi Arabia (43), State of Palestine (44), Syrian Arab Republic (45), Turkey (46), United Arab Emirates (47), Yemen (48).
Countries eligible for the Continental vote of Europe include: Belarus (1), Bulgaria (2), Czech Republic (3), Hungary (4), Poland (5), Republic of Moldova (6), Romania (7), Russian Federation (8), Slovakia (9), Ukraine (10), Denmark (11), Estonia (12), Finland (13), Iceland (14), Ireland (15), Latvia (16), Lithuania (17), Norway (18), Sweden (19), United Kingdom (20), Albania (21), Andorra (22), Bosnia and Herzegovina (23), Croatia (24), Greece (25), Italy (26), Malta (27), Montenegro (28), North Macedonia (29), Portugal (30), San Marino (31), Serbia (32), Slovenia (33), Spain (34), Austria (35), Belgium (36), France (37), Germany (38), Liechtenstein (39), Luxembourg (40), Monaco (41), Netherlands (42), Switzerland (43).
Countries eligible for the Continental vote of Africa include: Algeria (1), Libya (2), Egypt (3), Morocco (4), Sudan (5), Tunisia (6), Burundi (7), Comoros (8), Djibouti (9), Eritrea (10), Ethiopia (11), Kenya (12), Madagascar (13), Malawi (14), Mauritius (15), Mozambique (16), Rwanda (17), Seychelles (18), Somalia (19), South Sudan (20), Sudan (21), Uganda (22), United Republic of Tanzania (23), Zambia (24), Zimbabwe (25), Angola (26), Cameroon (27), Central African Republic (28), Chad (29), Congo (30), Democratic Republic of the Congo (31), Equatorial Guinea (32), Gabon (33), Sao Tome and Principe (34), Botswana (35), Eswatini (36), Lesotho (37), Namibia (38), South Africa (39), Benin (40), Burkina Faso (41), Cabo Verde (42), Côte d’Ivoire (43), Gambia (44), Ghana (45), Guinea (46), Guinea-Bissau (47), Liberia (48), Mali (49), Mauritania (50), Niger (51), Nigeria (52), Senegal (53), Sierra Leone (54), Togo (55).
In each continent, the Entry which has received the highest number of points from the continental voters shall be ranked first and is deemed as the winner who qualifies for the Global (Grand) Final, together with the second and third ranked Entries.
Six continental winners and 12 runner-ups (second and third Entries from each continent) qualify for the Global Voting Round.
After the voting window closes, the six Top Continental Experts will be announced.
The top continental expert is defined as the User who has the most ranking based on their pre-voting prediction and calculated to Djooky formula (section “Ranking” on Djooky Website and Djooky App).
Global Voting Round
Global Voting Round starts on Saturday, November 28, 2020. Voting takes place online on the Djooky App. The voting window will last for 24 hours. All registered Users will receive an email and a push notification with the reminder to cast their vote for their favorite Entry from the list of six continental finalists.
Users can vote for any country competing in the global voting round. Their votes determine 50% of the outcome. The professional panel of judges will determine 50% of the outcome. The panel of judges consists of 4 permanent members invited by the Djooky Music Awards organizers for their long service and recognized work within the global music industry.
The panel of judges will be given the number of points equal to the total number of points given to all platform Users which will be equally split between five judges to allocate as they please to the 18 competing Entries.
The Entry which has received the highest number of points from the Users and judges shall be ranked first and is deemed as the winner of the Global (Grand) Final.
After the voting window closes, the global Djooky Music Awards Winner will be announced.
Also, the Top Global Expert will be announced.
The top Global Expert is defined as the User who has the most ranking based on their pre-voting prediction and calculated according to the Djooky formula (section “Ranking” on Djooky Website and Djooky App).
The Contest Winner will be notified via mail, email and/or phone and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by the Platform, which must be returned within fourteen (14) business days of date appearing on Winner notification.
Return of Winner notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of the Platform to contact a Contest Winner within a reasonable time period or noncompliance with these Terms and Conditions by the Contest Winner will result in disqualification and, at the Platform’s sole discretion, a Runner-Up Winner may be notified. In the event a Contest Winner is an eligible minor in his/her jurisdiction of residence, the Platform reserves the right to provide an award (if applicable) in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on the award recipient set forth herein.
The winner of Djooky Music Awards should at Djooky’s discretion receive a trip to record a song in one of the four world-renowned studios: Capitol Studios (LA, USA), The Village Studios (LA, USA), Abbey Road Studios (London, UK), Germano Studios (NYC, USA) - with world-famous musicians and an engineer/producer team. The award will include round trip plane tickets of economy class for two people, hotel accommodation, and a daily allowance covering ground transportation and meals during the trip.
In the case that the Winner of the Contest is in North America, he/she travels to one of the European Union studios. In the case that the Winner of the Contest is in any country other than those in North America, he/she travels to one of the USA studios.
The costs of obtaining a travel visa are not covered by the Platform.
During the three days abroad, the Winner will also have an opportunity to attend at least three coaching sessions with world-renowned music experts.
Award recipients may not substitute, assign, or transfer award or redeem any award for cash, but the Platform reserves the right, at its sole discretion, to substitute any award with one of comparable or greater value. Award recipients are solely responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with award acceptance and use not specified herein as being provided. All award details are at the Platform's sole discretion.
If the Artist refuses the Award or does not use it within 30 days, the Award shall be deemed as void.
LICENSE/USE OF SUBMISSIONS
By making a Submission, Artists (including all band and/or group members comprising Artist, if applicable) grant the Platform its designees, assignees and licensees a non-exclusive, worldwide, perpetual, irrevocable, fully paid up and royalty-free, sub-licensable, transferable right to exploit the copyright, solely for programming, advertising, publicity, promotional and any other non-commercial purposes, in the recording and the underlying composition thereto and any and all ancillary and subsidiary rights therein in any media now known or hereafter developed, with respect to the Submissions, including without limitation the right to edit, publish, use, adapt, exploit, perform, modify, copy, disseminate or dispose of any Submissions, the compositions embodied therein or any elements thereof, online (including, without limitation, other sites owned by the Platform and third party websites), in print, film, television, or in any other media now known or hereafter devised, worldwide in perpetuity, without compensation, without payment of residuals, costs or fees, and without permission or notification to Artist (including all band and/or group members, if applicable) or any third party of any kind, unless otherwise specified by the Platform, except as prohibited by law. The Platform shall not be responsible for any unauthorized third-party use of any Submission. The Platform shall not guarantee that any Submission made will be posted. Artists retain any and all ownership rights they may have in and to the Submissions.
WITHOUT LIMITATION OF THE FOREGOING AND FOR THE AVOIDANCE OF DOUBT, THESE TERMS AND CONDITIONS SHALL NOT TRANSFER ANY OWNERSHIP IN AND TO THE SUBMISSIONS TO THE PLATFORM.
NATURE OF RELATIONSHIP
Nothing in these Terms and Conditions or any other agreement with Artists shall be deemed to create an employment or agency relationship between any of the Released Parties or the Platform and Artists. Artist agrees that he/she shall not look to the Released Parties or the Platform for any compensation, employment and other benefits. Artist hereby acknowledges and agrees that the relationship between Artist and Platform and any of its designees is not a confidential, fiduciary, or other special relationship, and that Artist's decision to provide a Submission does not place the Platform or any of the Released Parties in a position that is any different from the position held by members of the general public.
Participation in this Contest constitutes permission (except where prohibited by law) to use Artist's names, likenesses, voices, performances, award received, photographs, statements and biographical information (all at Platform's discretion) for future advertising, publicity and other purposes relating to this Contest in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Company as follows:
2) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
3) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in/contributing to Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same - and allow Company to use - on the Platform and via any Linked Services, etc.
4) Your Content is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation and will not contain inappropriate language.
5) Your Content does not and will not create any liability on the part of Company, its subsidiaries, affiliates, successors, and assigns, and its/their respective employees, agents, directors, officers and/or shareholders. Company reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
6) For sake of clarity, the uploaded Content does not contain any "samples" of third party music, lyrics, sounds, beats, images, or any other art materials that have not been legally cleared in advance in writing, including, but not limited to, mixtapes, DJ tracks, etc.
Every Artist/Songwriter is given the right to freedom of speech and expression, but the language must respect Djooky's users and the environment. While they may be common in contemporary music, certain phrases and slang based on racial, gender, and sexual identity should be considered contextual for the Artist/Songwriter who chooses to use them. The language that deliberately demeans others on the basis of race, gender, sexual identity, or other protected group is not acceptable.
RELEASE OF TECHNICAL LIABILITY
The Platform shall not be responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete Submissions, all of which will be void. The Platform shall also not be responsible for problems uploading or downloading any Contest-related information or materials from the Website, any errors or problems associated with uploading Submissions on the Website, or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Submission to be received by the Platform on account of technical problems, traffic, congestion on the internet or the Website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected mail or other communications which may limit Artist's ability to participate in this Contest. Released Parties and the Platform are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing, judging or voting of Submissions, the tabulation and processing of votes, or deletion of any Submissions. The Platform reserves the right in its sole discretion to extend the deadline for Submissions on a case-by-case basis to address any technical problems (e.g., payment errors).
RIGHT TO TERMINATE & MODIFY
The Platform reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest. The Platform reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the Submission process or the operation of this Contest or any website (including the Website), intending to annoy, abuse, threaten or harass any other Artist or User, the Platform or any of its representatives or to otherwise be acting in violation of these Terms and Conditions and void all associated Submissions.
The Platform shall reserve the right to change, alter, replace or otherwise modify these Song Contest Terms and Conditions at any time, for example, to address legal or regulatory changes or changes to features or functionality made available through the Platform, at our discretion. It is your responsibility to check this page from time to time for updates.
When we make any material changes to these Song Contest Terms and Conditions, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Platform and/or by sending you an email to the email address that you have provided us or a message to your Platform account. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account, your continued use of the Platform will constitute your acceptance of the revised Song Contest Terms and Conditions and such changes will automatically apply to you.
BLOCKING AND REMOVAL OF CONTENT
Please also note that individual Users have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no ongoing right of continued access to any particular item of content that has been removed, and Djooky shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by Djooky or the relevant user.
Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. In the event of a dispute regarding Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Submission will be deemed to be the Artist and must comply with these Terms and Conditions. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses.
Any attempt by an Artist to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Platform reserves the right to seek damages and other remedies (including attorneys' fees) from any such Artist to the fullest extent permitted by law and to disqualify such Artist from the Contest.
By making a Submission, the Artist acknowledges and agrees that the Platform may obtain many Submissions under this Contest and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Contest and/or created or developed by the Platform on its own or by those working on the Platform’s behalf, and/or other promotions staged and/or led by the Platform, and waive any and all claims Artist may have had, may have, and/or may have in the future, that any similar Submission/Entry, Song and/or other works accepted, reviewed and/or used by the Platform (or its designees) may be similar to Artist's Submission. Artist acknowledges and agrees that the Platform does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Artist's Submission.
RELEASE OF LIABILITY
By entering the Contest, Artist agrees to release and hold harmless the Platform and Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Contest, or acceptance or use of any award, the administration of the Contest, the operation of any website (including the Website) or the Platform’s and Released Parties' use of any of the rights granted herein (including, but not limited to, any claims arising out of the use of third party content and any claims of copyright infringement). The Platform and Released Parties assume no responsibility for the conduct of any Artist or the responses of anyone appearing in any Submission/Entry.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS, THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST DJOOKY USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO DJOOKY’S ATTENTION, DJOOKY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. DJOOKY DOES NOT WARRANT THAT:
- YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
- DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
- ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOADING OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES,
- YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION,
- THE QUALITY OF THE PLATFORM AND RESULTS OF YOUR INTERACTION WITH THE PLATFORM WILL FULLY MEET YOUR EXPECTATIONS AND NEEDS,
- DJOOKY WILL CONTINUE TO SUPPORT ANY PARTICULAR OPPORTUNITY OF THE PLATFORM.
DJOOKY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
DJOOKY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT DJOOKY MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY DJOOKY OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT, ANY ACT OF GOD/FORCE MAJEURE SITUATION OR LAWS AFFECTING CRYPTOCURRENCIES;
(E) YOUR FAILURE TO PROVIDE DJOOKY WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
(F) ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE PLATFORM, ESPECIALLY IN BREACH OF THE AGREEMENT;
(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED IN WRITING TO DJOOKY AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DJOOKY AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND DJOOKY, AND THAT DJOOKY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Except where prohibited by law, Artists agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any award provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware, USA.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations, or the rights and obligations of the Platform in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the USA, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the USA.
Under no circumstances will Artist be permitted to obtain awards for, and Artist hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Artist's actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Artist further waives all rights to have damages multiplied or increased.
PROVIDED BY: DJOOKY, INC., (email@example.com)