Terms and Conditions of Use

1. TERMS

By accessing the Website, you are agreeing to be bound by these Terms and all applicable laws and regulations. The Privacy Policy and DMCA Policy provided on the Website are part of the Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing the Website. The materials contained in the Website are protected by applicable copyright and trademark law.

2. USE LICENSE

Permission is granted to download DJ mixes and content from the Website for personal, non-commercial use, and for DJ performances and public playback. This is the grant of a license, not a transfer of title, and under this license you may not:

• Sell, redistribute, or commercially exploit the downloaded mixes without express written permission;
• Use the materials in connection with the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
• Insert viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, network or personal information;
• Use any robot, spider, other automatic device, or manual process to monitor or copy pages from the Website or the content contained thereon or for any other unauthorized purpose without the prior express written permission of DJ Shinski, which may be withheld for any reason;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
• Take any action that imposes, or may impose in DJ Shinski's sole discretion an unreasonable or disproportionately large load on the Website's infrastructure;
• Take action that is harmful or disruptive to the Website, to the users of the Website, or DJ Shinski's activities;
• Use the materials in any way that is outside of the scope of generally acceptable Internet and/or mobile device conduct, is harmful or disruptive to the business of DJ Shinski, or is banned by the Terms and/or any other guidelines posted to the Website;
• Attempt to decompile or reverse engineer any software contained on the Website;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and this license and/or your account may be terminated by DJ Shinski at any time. Upon terminating your viewing of these materials or upon the termination of this license and/or your account, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. DISCLAIMER

The materials and the Website are provided "as is". DJ Shinski makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, DJ Shinski does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website.

Neither the Website nor any related tools, applications, data, software or other services provided on or via the Website are endorsed by YouTube®, Spotify®, Apple Music®, SoundCloud®, Mixcloud®, or any other third-party streaming platform and all materials on those platforms remain the property of their respective owners. Notwithstanding the generality of the foregoing, DJ Shinski is not liable for any changes to third-party platforms or functionality that might affect your use of the Website.

4. REVISIONS AND ERRORS

The materials appearing on the Website may include technical, typographical, or photographic errors. DJ Shinski does not warrant that any of the materials on the Website are accurate, complete, or current. DJ Shinski may make changes to the materials contained on the Website at any time without notice. DJ Shinski does not, however, make any commitment to update the materials.

5. THIRD-PARTY LINKS AND SERVICES

DJ Shinski has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site or service. The inclusion of any link to any site or service does not imply endorsement by DJ Shinski of such site or service. Use of any such linked site or service is at your own risk.

Similarly, DJ Shinski does not have or maintain control over any third-party service, including social media accounts, streaming platforms, merchandise stores, or external donation/payment platforms and DJ Shinski cannot be held liable for their content or operation or your use of the same. Such third-party sites and services have their own terms and conditions and privacy policies that govern their usage for which you are solely responsible for reviewing, understanding, and determining whether you consent thereto.

Notwithstanding the generality of the foregoing, DJ Shinski is not responsible for any changes to your social media, music-sharing platforms, or merchandise platforms or their functionalities.

6. CONTENT RIGHTS

All DJ mixes, blog content, videos, graphics, logos, and other content available on the Website (hereinafter "Our Content") is generated, owned and controlled by DJ Shinski, unless otherwise noted. DJ Shinski owns all rights to Our Content.

By downloading Our Content through the Website, you are granted a limited, non-exclusive, non-transferable license to use the content for personal listening and for DJ performances and public playback at events. You may not sell, redistribute, or commercially exploit the downloaded content without express written permission from DJ Shinski.

You hereby acknowledge and agree that the underlying musical works and sound recordings contained within DJ mixes remain the property of their respective copyright holders. DJ Shinski does not claim ownership of the underlying musical compositions. The mixes are provided for promotional and educational purposes.

Without prejudice to any other Terms, you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any content to which you do not hold the necessary rights. Any unauthorized use of copyright protected material (including, without limitation, by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public) may constitute an infringement of third-party rights and is strictly prohibited.

Any such infringements may result in termination of your access to the Website, including termination of your account, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

7. COPYRIGHT INFRINGEMENT CLAIMS

If you believe that content available on the Website infringes your copyright, please see our DMCA Policy for more information on how to file a copyright infringement claim.

Please note that you may be liable for damages, including costs and attorney's fees, if you materially misrepresent that content is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder, its authorized representative, or if copyright laws protect the material that you wish to report, you may need to consult a lawyer.

Upon receipt of a copyright infringement claim, DJ Shinski's staff will review it. If the claim is acceptable, DJ Shinski will act expeditiously and disable access to the reported content or remove the reported content from the Website.

8. LIMITATIONS

You hereby acknowledge and agree that DJ Shinski cannot and does not review all content created or uploaded by third parties, and neither DJ Shinski nor its affiliates, employees, agents, or representatives have any obligation, and do not undertake or assume any duty, to monitor the Website for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms or applicable laws or regulations.

In no event shall DJ Shinski be liable for any damages (including, without limitation, special damages, consequential damages, punitive damages, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website or the DJ Shinski services, or which may arise due to issues related to third-party websites, platforms, and services with which DJ Shinski integrates, including but not limited to YouTube, Spotify, Apple Music, SoundCloud, Mixcloud, and external merchandise stores, even if DJ Shinski or a DJ Shinski authorized representative has been notified orally or in writing of the possibility of such damage.

The liability of DJ Shinski and its affiliates, employees, agents, or representatives to any user or third party in any circumstance is limited to the greater of (a) Fifty U.S. Dollars and No/Cents ($50.00); or (b) the amount of fees the user pays to DJ Shinski in the twelve (12) months prior to the action giving rise to the claim, whichever is greater. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users.

9. YOUR ACCOUNT

By using the Website, you represent and warrant that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your account may be terminated without warning if DJ Shinski finds that you have violated any of the Terms.

Your account is solely for your personal use, and you shall not authorize others to use your account. It is your responsibility to ensure your computer and device meet all the necessary technical hardware and operating system specifications to enable you to access and use the Website.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify DJ Shinski of any unauthorized use of your account or any other breach of security.

10. TERMS MODIFICATIONS

DJ Shinski may revise these Terms at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms.

11. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between DJ Shinski and you is intended or created by these Terms.

12. NOTICES

Except as expressly stated otherwise, all notices to DJ Shinski shall be sent to hi@djshinski.com. Except as expressly stated otherwise, all notices to you shall be sent to the email address you provided to us during the registration process. Such notice shall be deemed given on the date the email is sent.

13. MISCELLANEOUS

These Terms (and all policies and guidelines that are posted on the Website and incorporated by reference) constitutes the entire agreement between DJ Shinski and you pertaining to the subject matter hereof and supersedes all prior agreements and understandings between DJ Shinski and you with respect to the subject matter hereof, whether written or oral. The following policies and guidelines are incorporated by reference:

• DMCA Policy
• Privacy Policy

If any provision of these Terms is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms shall not be affected. Headings contained herein are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section or provision of these Terms. DJ Shinski's failure to act with respect to a breach by you shall not be deemed a waiver of DJ Shinski's right to act with respect to subsequent or similar breaches.

By connecting your social media accounts to the Website, you also agree to be bound by the respective social media platform's terms of service and privacy policy.

14. GOVERNING LAW

Any claim relating to the Website shall be governed by the laws of the United States without regard to its conflict of law provisions.

15. CLASS ACTION WAIVER

You and DJ Shinski agree that we will both waive our rights to file or participate in any class action against the other. All claims and disputes that may arise pursuant to these Terms or our Services must be litigated on an individual basis and cannot be brought on a class basis or through participation in a class or representative action. Claims and disputes of more than one user cannot be litigated jointly or consolidated with those claims or disputes of any other user without the consent of both DJ Shinski and you.

You agree that you will not sue DJ Shinski as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class action lawsuit against DJ Shinski. Nothing in this Section 15 limits your rights to bring a lawsuit against DJ Shinski as an individual.

16. INDEMNIFICATION

You agree to indemnify, defend and hold DJ Shinski and its affiliates, and each of their respective past, present and future officers, directors, agents, employees, contractors, suppliers and principals, harmless from and against any actual or alleged loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to, arising out, or related to your use of the Website and/or the services offered by DJ Shinski, including, but not limited to, your breach of these Terms, negligence, willful misconduct, or infringement of third-party intellectual property rights.