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Terms & Conditions

1 About our terms
1.1 These terms and conditions of use (“Terms”) explain how you may use this web platform and any of its content (“Platform”).
1.2 These Terms apply between Mood Inc. Tech Ltd, a company incorporated in the Republic of Cyprus, registered number HE 444893, with its registered address at Nikou Antoniadi 7, 6021 Larnaca, Cyprus (“we”, “us” or “our”) and you, the person accessing or using the Platform (“you” or “your”).
1.3 You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately. You should also ensure that any customer you onboard is made aware of the terms and conditions and adheres to them.
1.4 These Terms apply to any parts of the Platform, its functionality and content provided to you.
1.5 If you order and/or obtain any services or digital content from the Platform or if you buy a subscription or membership to access restricted parts of the Platform, separate terms and conditions may apply as set out here .
1.6 If you would like to receive these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2 About us
2.1 We are Mood Inc. Tech Ltd, a company incorporated in the Republic of Cyprus, with its registered address at Nikou Antoniadi 7, 6021 Larnaca, Cyprus.
2.2 We are registered with the Cyprus Registrar of Companies under registration number HE 444893.
2.3 If you have any questions about the Platform, please contact us by:
2.3.1 sending an email to support@moodinc.io,
2.3.2 filling out and submitting the online form available here.
3 Definitions
3.1 For the purposes these Terms the following definitions shall apply: 2

3.1.1 “customer” means any legal entity or natural person onboarded by a DJ for the
purpose of receiving his/her services via the Platform.
3.1.2 “DJ” means any natural person or legal entity who creates an account on the
Platform for the purpose of providing services.
3.1.3 “Platform” means the web platform that is located at the address URL that is being operated by us acting as provider of Services.
3.1.4 “Fees” means the fees we charge for the Services. The Services include, but are not limited to, providing the Platform for use by the users, ensuring security of the
transactions, technical maintenance of the file servers and Platform, customer
support.
3.1.5 “Payment Agent” means Stripe Inc. (as per the Stripes Services Agreement
https://stripe.com/en-cy/legal/ssa)
3.1.6 “Subscription” means the subscription for which you register via the Platform.
3.1.7 “Services” means the services to be provided by us that include the provision of the tools available on the Platform, as well as marketing and technical services provided by us to you to ensure functioning of the Platform and possibility of technical access to the Platform.
3.1.8 “User(s)” means any person who visits and/or uses and/or registers with the
Platform for any purpose, including DJs and customers (and shall be interpreted in
accordance with the content of each section herein).

4 Using the Platform
4.1 The Platform is for your personal use. Our services are limited solely to providing the
Platform for the interaction between its users and their customers. Each account is created for one DJ and you should not transfer and/or assign and/or provide access to and/or make available your account to any other person.
4.2 The Platform is not intended to be used by any minors. Minors are strictly prohibited from registering with the Platform and if any minor accesses the Platform it shall be at their own (and/or the legal guardians) risk/responsibility. Please note that some areas of the Platform may contain content not suitable for minors.
4.3 You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Platform. You are solely responsible for your internet connection and/or any other equipment required and/or used to access the Platform.
4.4 We make no promise that the Platform is appropriate or available for use in all locations. You acknowledge you are using the Platform at your own initiative and are responsible for compliance with local laws where they apply.

4.5 We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the top of this page or use the website accessibility tools available at [link coming soon].
4.6 As a condition of your use of the Platform, you agree to comply with our policies and agree not to:
4.6.1 misuse or attack our Platform by knowingly introducing viruses, trojans, worms,
logic bombs or any other material which is malicious or technologically harmful
(such as by way of a denial-of-service attack), or
4.6.2 attempt to gain unauthorised access to our Platform, the server on which our
Platform is stored or any server, computer or database connected to our Platform.
4.7 We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
4.8 Use of the Platform may require registration.
4.8.1 How to get registered as a DJ: DJ Platform
4.8.2 How register a customer: Customer Platform
4.9 It is prohibited to disclose the account details to a third party.
4.10 You must at all times protect the confidentiality of information used to access your account.
4.11 You must notify us immediately in case of any unauthorized (carried out by a third party without consent) access to your account and/or any other breach of (suspicion of violating) confidentiality of your account details.
4.12 During registration, you must provide genuine, accurate and complete information, as well as maintain this information up to date. If you provide false information during registration on the Platform, and/or we have reasonable grounds to believe that the information given or provided by you is false, inaccurate, or incomplete, we have the discretion to block and/or remove such account.
4.13 You will use the Platform in a manner consistent with any and all applicable laws and regulations at all times.
4.14 You will not transmit any chain letters, spam or junk email to other Users or to us.
Furthermore, you will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any software, hardware or telecommunications
equipment; nor will you attempt to disrupt, degrade, impair, or violate the integrity or
security of the Services in any way (including, without limitation, "hacking

'', "denial of service" attacks, and the like).

4.15 You will not express or imply that any statements you make are endorsed by us, without our express prior written consent.
4.16 You will not modify, copy, adapt, sublicense, translate, sell, reverse engineer, create
derivative works from, decipher, decompile or otherwise disassemble any portion of the
Services or any source code or other software used in or for the Services, nor will you cause, assist, or encourage others to do so.
4.17 You will not harvest or collect personal information about other Users, for any purposes, without express written consent.
4.18 You must respond fully, truthfully, and within three (3) calendar days to any request for information or other inquiry from us with regards to your or another User's compliance with these Terms.
4.19 You will not use any robot, spider, site search/retrieval application, or other manual or automated device or process to retrieve, index, "data mine", "scrape" or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.
4.20 You are obliged to acquire on your own all respective licenses from all competent collecting societies and/or rightsholders, in relation to the transmission that you wish to effectuate. You may be requested to provide us with the respective documentation proving that you have acquired the respective licenses. We are not responsible for the payment of royalties and do not accept any responsibility whatsoever in case you do not abide to this obligation and we reserve our right to stop providing its services, according to these Terms.
4.21 Any circumvention of any technical protection measures or in general DRMs is prohibited.
4.22 You are not allowed to transmit sound recordings or in general content or in general act in way that:
4.22.1 Is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing,
pornographic or illegal and does not comply with the applicable legislation,
4.22.2 May infringe intellectual property rights of others such as Copyright, Trademarks,
trade secrets, patents or may harm the right of privacy or any other right of any party.
4.22.3 Is unlawful or encourages or supports illegal activities
5 Registration and password security
5.1 Use of the Platform may require registration, particularly in order to access restricted areas of the Platform.
5.2 We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time. You agree to protect the confidentiality of information used to access their account. You also agree to immediately notify us of unauthorized (carried out by a third party without consent) access to the account, using their email address and password, and/or of any other breach of (suspected of violating) confidentiality of the email address and password.
5.3 During registration, you must provide genuine accurate and complete information, as well as maintain this information up to date. If you provide false information during registration on the Platform, and/or we have reasonable grounds to believe that the information given or provided by you is false, inaccurate, or incomplete, we have the discretion to refuse you registration on the Platform; block; and/or remove such account.
5.4 We have the right at any time at our sole discretion, to request you to provide confirmation of any personal information (for example, documents confirming identity and/or other KYC documentation), specified during registration on the Platform. We have the right to have access to any information placed on the Platform, including any conversation and data in your account. We have the right to block or delete an account if you do not provide the requested information and/or supporting documents within 7 calendar days from our request.
5.5 You are responsible for making sure that your password and any other account details are kept secure and confidential. To access your account, you must enter the email address and the password selected during registration on the Platform.
5.6 If we have reason to believe there is likely to be a breach of security or misuse of the
Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
5.7 Any personal information you provide to us as part of the registration process will be
processed in accordance with our Privacy Policy.
6 Infringing content
6.1 We will use reasonable efforts to:
6.1.1 delete accounts which are being used in an inappropriate manner or in breach of
these Terms; and
6.1.2 identify and remove any content that is inappropriate, defamatory, infringes
intellectual property rights or is otherwise in breach of our Acceptable Use Policy
when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.
6.2 If you believe that any content which is distributed or published by the Platform is
inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.
7 Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
8 Ownership, use and intellectual property rights
8.1 The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (“Content”) are owned by us and our licensors.
8.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
8.3 Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.
8.4 You undertake not to download, publish, store, provide access to, or otherwise distribute any information and/or material available on the Platform in any way that may violate rights of any third party. We shall not be liable not undertake any responsibility for any violations of rights of third persons, caused by the disclosure by you of any private information or other information that violates rights of third parties.
8.5 Trademarks: The Groovit logo and associated marks are our trademarks. Other trademarks and trade names may also be used on the Platform or in the Content. Use by you of any trademarks on the Platform or in the Content is strictly prohibited unless you have our prior written permission.
8.6 By subscribing for our services, you agree that we must take certain actions with regards to your content and you license us to do so. These actions relate purely to technical matters and should not be considered as an exploitation and/or use and/or approval or confirmation of your content.
8.7 You further acknowledge that our rights under this clause (and these Terms in general) may be assigned by us without further notice to any third party.
8.8 Any content uploaded by you to the Platform must comply with all legal and regulatory requirements and in no case should derive from any illegal or unauthorized content. In case we become aware of any such unauthorized or illegal content we may suspend and/or cancel your subscription. In case we are notified by any rightsholder of any infringement, we maintain the discretion to proceed with the said suspension upon receipt of such request.
8.9 You may not use the Platform in any illegal or unauthorized way, for example, do not
interfere with the Platform or try to access it using a method other than the interface and the instructions that we provide.
8.10 You may use the Platform only as permitted by law, including applicable intellectual
property laws and regulations. You may not use our services to distribute illegal or
unsociable material.
8.11 In the event that you wish to transmit works which are not protected under Copyright, you may be asked to provide us with written confirmation that you are not using and do not intend to use any Copyrighted material.
8.12 If you take any illegal and/or unauthorized actions or abusing our infrastructure, we have the right to immediately suspend and/or cancel your subscription without prior warning.
8.13 Any content uploaded by you to the Platform must comply with all legal and regulatory requirements and in no case should derive from any illegal or unauthorized content. In case we become aware of any such unauthorized or illegal content we may suspend and/or cancel your subscription. In case we are notified by any rightsholder of any infringement, we maintain the discretion to proceed with the said suspension upon receipt of such request.
8.14 We will not monitor and/or confirm the content uploaded by you and will have no
responsibility and/or liability for any such content. We do not purport to provide any legal advice and/or cover to any individual or company who utilize the Platform and share any content with copyright protection. Under no circumstances will we be responsible for the users’ behaviour when found to be utilizing protected content. All licensing, copyright and royalty matters will be the sole responsibility of the user.
8.15 We DO NOT provide any form of licensing for music, or any other content used and/or coverage for licensing royalties. We recommend and strongly encourage users to seek professional advice and consultation with professional advisors and authorities in their local jurisdiction regarding copyright and licensing rights. You are solely obliged to acquire on your own all respective and required licenses from all competent collecting societies and/or rightsholders, in relation to any songs and/or other material that you upload to the Platform and wish to utilize via the Platform. You may be asked to provide us with the respective documentation proving that you have acquired the respective licenses.
8.16 We are under no circumstances responsible for the payment of royalties and accept no responsibility whatsoever in case you do not abide by this obligation and fully reserve our rights to stop providing its services, according to the terms contained in these Terms.
8.17 We note that we will collaborate with any regulator or authority in the event of any illegal activity regarding the distribution of copyrighted content or illegal material via the Platform. If contacted by an authority in the event of an illegal situation regarding the distribution of copyright protected or illegal material, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
9 Submitting information to the Platform
9.1 While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform (other than personal data and financial information) is confidential, commercially sensitive or valuable.
10 Accuracy of information and availability of the Platform
10.1 We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
10.2 We may suspend or terminate access or operation of the Platform at any time as we see fit.
10.3 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform and its Content.
10.4 While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.
11 Hyperlinks and third-party sites

The Platform may contain hyperlinks or references to third party advertising and websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
12 Our responsibility to you
Without limitation of anything else set forth herein and all other policies, you understand
and agree we limit any potential liability in connection with your use of the Platform as set forth below:
12.1 If we breach these Terms or are negligent, we are liable to you only for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
12.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
12.3 Subject to clause 12.1 above, in no event shall we, our officers, directors, employees, or agents (collectively referred to as "Mood Parties", be liable to you or to any third party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of the Services or the Platform.
12.4 We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the use of the Platform and/or unavailability of the Platform (for any reason) for:
12.4.1 loss of profits;
12.4.2 loss of sales or business;
12.4.3 loss of agreements or contracts;
12.4.4 loss of use or corruption of software, data, or information;
12.4.5 any indirect or consequential loss.
12.5 Mood Parties’ liability to you for any damages arising from or related to this Agreement will at all times be limited to the latest monthly amount paid by you on the Platform (if any). The existence of more than one claim will not lead to an increase of this limit.
12.6 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
12.7 You are solely responsible for your interactions with other Users. We reserve the right, but do not have any obligation, to monitor or attempt to resolve disputes between you and other Users.
12.8 We are not liable to you for any loss or damage caused by any suspension or withdrawal or restriction on the availability of all or part of the Platform for business or operational reasons which were duly notified or for reasons beyond our control.
12.9 We do not provide any form of legal cover to any natural person or legal entity who utilize our services to distribute content with any copyright protection. Under no circumstances will we be responsible for the behaviour of any DJ or their customers when found to be uploading and/or utilizing protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual DJs.

12.10 We do not provide any form of music licensing or coverage for royalties. We recommend always consulting with qualified professionals or the relevant authorities for your country regarding copyright and licensing.
13 Disclaimers
13.1 The Platform, including, without limitation, all content and software made available on or accessed through or sent or made available by us, are provided "AS IS", "as available", and "with all faults" and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
13.2 We and all Mood Parties make no representation or warranties or endorsements of any kind whatsoever (express or implied) about:
13.2.1 the Platform;
13.2.2 the functions made accessible on or accessed through the Platform;
13.2.3 the content and information sent from or through the Platform by users;
13.2.4 any services offered via the website or hypertext links to third parties; and/or
13.2.5 the treatment of any information, content, material or data transmitted by users to the Platform;
13.2.6 security associated with the transmission of information through the properties or
any linked site.
13.2.7 meet your requirements;
13.2.8 be available on an uninterrupted, timely, secure, or error-free basis; or
13.2.9 be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.
13.3 We strive to provide the best service for our users, however, we cannot guarantee the uninterrupted or error-free function of the Platform or that the defects will be corrected or that it will be free of viruses. Therefore, we do not warrant that the Platform, any of its functions or any content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Platform or the servers that make them available are free of viruses or other harmful components. We may suspend or withdraw or restrict the availability of all or part of the Platform for business or operational reasons or it may be suspended or unavailable for reasons beyond our control. You are responsible for ensuring that all persons who access our website through you or as your customers are aware of the possibility of restricted availability of the Platform as per the above.

13.4 You are responsible for ensuring that all persons who access our website through you or as your customers are aware of these terms of use and all other applicable terms and conditions and that they comply with them.
13.5 We and all Mood Parties do not make any representation with regards to any tax liabilities and/or obligations arising with regards to the provision and/or receipt of any services. Each user is responsible for ascertaining and settling any tax obligations and under no circumstances shall we or any Mood Party be liable for any such tax liability.
14 Events beyond our control
We are not liable to you if we fail to comply with these Terms because of circumstances
beyond our reasonable control.
15 No third-party rights
No one other than us or you have any right to enforce any of these Terms.
16 Variation of terms
16.1 No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 16.
16.2 We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Platform and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
17 Payments
17.1 You agree to pay the Fees for a Subscription (hereinafter referred to as the “Payment”).
17.2 You agree to pay in full the Fees using the available payment methods and any additional credit or debit charges that may incur as a result of the transaction will be paid by you.
17.3 In order to secure your payment, we collaborate with regulated and certified payment agents who are responsible for effecting the payment. In order to secure the payment you will be directed to the secure page of the payment agent which is linked to our website. All payments are effected and routed via the Payment Agent at all times. The Payment Agent will process all payments in accordance with their respective T&Cs which can be found at https://stripe.com/en-cy/privacy.
17.4 We do not store your payment details (i.e. card number or card security code. This is under the control of the payment agent who handles the processing and approval or rejection of the transaction. We will not be responsible for any breach of payment data. Our payment service provider has different Terms & Conditions and creation of user account in our Platform will mean automatic acceptance of the Terms & Conditions of our payment service provider.

17.5 In case a transaction is rejected, it is your responsibility to (irrespective of the reason for rejection) ensure that the payment is effected. In case it is not, we may suspend and/or cancel your subscription.
17.6 We are in no way liable for any default of the payment agent and/or any failure of the payment service to inform us on the successful completion of the transaction or due to reasons related to the Internet Service Provider. In any case if we are not informed on the approval of the payment for reasons which are not due to us, but the transaction is charged to your card, then we will assume that you have cancelled the procedure of the payment of the monthly subscription.
17.7 If for any reason you dispute the transactions related to our services, you must notify us within 10 calendar days. In this event we are entitled to seek all necessary information from the Payment Agent in order to ensure that a charge is normally completed in accordance with the rules governing electronic card payments.
18 Complaints
18.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
19 Governing law
19.1 The laws of Cyprus apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
19.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of Cyprus. This means that you can choose whether to bring a claim in the courts of Cyprus.
20 Modification of Terms
20.1 We may modify these Terms at any time. Any such modifications will apply prospectively, from the date the modifications are made, as designated by the "Last Revised" date depicted above.
20.2 Your use of the Platform, or failure to terminate your registered account with us, during thirty (30) days subsequent to any modifications will constitute acceptance of the Terms as so changed. You will be given notice of each modification by:
(a) the updating of the "Last Revised" date, above, and
(b) an email sent to you by us at the address you designate, you expressly agree that, by
updating the "Last Revised" date when modifications are made, we are providing you with sufficient notice of such modifications, and that you will therefore be bound thereby if you continue to use the Platform. As such, please check the "Last Revised" date prior to each use of the Services by you, as you will be bound by these Terms as they exist on the date of each such use.
21 No Partnership, Agency or Affiliation Unless expressly provided otherwise herein, by using the Platform you acknowledge and agree that we are not the partner, agent, joint venture, or otherwise an affiliate of you or any other User of the Platform.

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