Mood for DJs App

Terms Of Use

Effective Date: Wed January 17th 2024

Welcome to Mood for DJs application (hereafter "app" or "Mood for DJs"). The app has been

developed by the company with trade name MOOD MUSIC OF OUR DESIRE P.C. and distinctive

title MOOD MUSIC OF OUR DESIRE located in Asklipiou Str. 3 Athens, VAT number 802045918

(hereafter "Company" or "we").

This text provides information about the terms and conditions related to the use of the app

(hereinafter "terms"). Before registering and/or using the app and its services, read carefully

and make sure you understand and agree to these terms. If you disagree with all or part of

the terms, please do not use the app. The terms constitute a binding legal agreement between

you and us, applying each time you visit the app, create a user account, log in to your account

and use its services.

1. General information

Mood for DJs is an application designed exclusively for use by DJs in order to facilitate you

(DJs) (hereinafter referred to as "Users" or "you") to create a fan base, connect with your

audience and leave your own imprint. Download the app, post your schedule on it and take

advantage of the services provided.

2. Users

By registering and creating a User account, you guarantee that:

a) You have the legal capacity to enter into binding contracts.

b) You are over 18 years old. The app is intended only for adults and may not be used by

Users under the age of 18 years old.

c) You have the right to use any form of content you upload to the app. In general,

regarding the content you choose to upload to the app, you are solely responsible for

your compliance with the applicable legal framework including Intellectual Property

Laws. Especially, you have a license to fixate, reproduce and communicate to the public

the audio you record and upload to the app.

3. Operation

3.1 Registration – Account Creation

In order to use the services provided by the app you should:

a) Download the app to your device (iOS/Android).

b) Create your personal User account (User registration): Enter your name, stage name, date

of birth, photos, and the type(s) of music you play.

c) Then, the administrators of Mood for DJs process an evaluation of your profile. If the

evaluation is successfully completed and the entry of the profile is approved, the User-DJ

can then use the services provided by the app, i.e. (s)he acquires the ability to post his/her

schedule (the venues or events where (s)he plays music). If the evaluation is not

successfully completed, the User can delete his/her Mood for DJs account through the

profile settings as described below in Article 4.

3.2 Use of Mood for DJs’ services

a) The app is provided to Users free of charge.

b) Every time a DJ starts a specific schedule and plays music in a venue or event, (s)he can

also start a session within the app, record the music (s)he plays and create music lists in

order to create content for the users of the "Mood" application. “Music list” means the

set of the music tracks played by the DJ, together with the identification DJ’s data (full

name or/and stage name) and the information about the venue or event where the music

list was performed.

c) The recording process is as follows:

- A small sample (about 20 seconds) is recorded by the microphone of the DJ's mobile

phone in the background.

- The app collects the audio data,sends the sample to the servers of the music recognition

service (such as, but not limited to, "Shazam") and then deletes the audio data.

- In case of successful recognition of the music track by the music recognition service

(Shazam or other), the app receives in response the metadata of the recognized music

track (e.g. title, artist, etc.), which are sent and stored in the Company's database.

- Then the "Mood" application using the metadata of the recognized track, downloads

from Spotify servers a sample of the track lasting 30 seconds, displays it on the profile of

the respective store and DJ, and enables the users of the "Mood" application to listen to

it (live or on demand).

- In case there is a misidentification of the music track by the identification service, the DJ

has the ability to intervene (during the session recording or after it has ended) and

indicate the misidentification. In this case, the incorrect music track will be automatically

and instantly removed from the content of the "Mood" application. Yet, it will remain in

our database for the purpose of improving our services. Otherwise, the incorrect music

track will be displayed and be available in the "Mood" application. The DJ can at any time

indicate the correct music track.

- Since music tracks are identified by music recognition services that only have access to

music tracks that have already been released, if the DJ plays an unreleased music track of

his own production, this music track will not be identified and not be displayed in the

"Mood" application.

d) The app does not store audio data in its database. It only stores the metadata of the

identified tracks (e.g. title, artist, etc.)

e) The User-DJ undertakes to provide true and accurate information about the venue or

event where (s)he appears and plays music. Every time the DJ starts a new session, the

app, through the location tracking service of the DJ's mobile phone, confirms his/her

presence in the venue or event where (s)he appears, provided that (s)he has allowed the

app’s access to GPS data.

f) We have implemented the appropriate measures to ensure the accuracy of the audio

data. We cannot interfere in and change manually the metadata of a music track.

g) The music lists become property of the Company and the User grants the Company a

non-exclusive license to use, reproduce, distribute, communicate to the public, make

available to the public, broadcast, perform, sell, display or use in any other or form or

manner. This term survives even after the User account has been deleted for any reason.

4. Account termination

a) If a DJ violates these terms, we reserve the right to restrict, suspend, or permanently

terminate his/her access to his/her account at any time by notifying him/her five (5) days

in advance at the email address available in the User's account and via the app.

b) When a User remains inactive in the system for one (1) year, Mood for DJs has the right

to permanently delete this User account.

c) The User can delete his/her Mood for DJs account through the profile settings at any time

(profile > settings > delete account > delete my account) with the reservation of clause

3.2.g. concerning the music lists (s)he provided to the Company. The deletion of the

account by the User shall have no retroactive affect (it will affect from the date it was

deleted onwards).

5. Personal data

We are committed to protecting your personal data. Please read our Privacy Policy for more

information. The Privacy Policy is an integral part of these terms and describes the type of

personal data we collect as well as how we process and protect them.

6. User’s obligations

a) Users undertake to provide true and accurate information about their personal data as

well as the venues or events in which they appear each time they start a new session.

b) Users may not use the app in any way that violates applicable law. Indicatively, Users are

not allowed to (non-exhaustive list):

- post dissemination of defamatory, threatening, abusive content that offend human

dignity, violates privacy rights, or harms another person in any way,

- act in a manner or post comments that are illegal or support illegal activities, promote

violence or other illegal actions,

- post content that violates the rights of the Company, Mood for DJs or any third party

(including, but not limited to, intellectual property rights and privacy rights),

- use the app in any unlawful manner or

-harm Mood for DJs in any way.

If such behavior is detected, the Company reserves the right to immediately suspend or

terminate the User’s access to the app and pursue the appropriate legal action.

c) Users are permitted to access the app for lawful purposes and in a manner that does not

prevent the proper functioning and access of other Users. Users should not use our online

services and knowingly introduce viruses, trojans, worms, logical bombs or other

malicious material and harmful software, alter or damage Mood for DJs and any

connected network, or otherwise interfere with any person (User) or entity using the

Application.

d) Users may not assign, change, or otherwise alter the terms of the contract, for any of their

rights or obligations without our written agreement.

7. External links

Our app is likely to enable Users to be transferred via "links" (hyperlinks) or advertising

banners to third party websites. The Company does not control the availability, content,

privacy policy, quality, and completeness of the services of other websites in which the User

is driven through the links and therefore assumes no responsibility for any problem arising

during their visit/use, nor can it be considered endorsing the content or services of these

websites. Users can visit these third-party websites and gain access to information at their

own risk. For any problem arising during the visit/use, the User must contact directly the

respective websites, which bear the responsibility for the provision of their own

content/services.

8. Intellectual Property

a) The entire content of the Mood for DJs app, including texts, graphics, photographs,

trademarks, logos, source code, databases, and any other data, as well as the overall

know-how and anything else related to the design, creation, construction, operation or

methodology, (collectively referred to as "content") and the layout of such content

constitute intellectual property of the Company and are protected by the relevant

provisions of Greek and European Union law. We own all rights and any interests related

to the content of this app or any part thereof. Please note that you may only use the

content of the app "as is" and in accordance with these terms.

b) The User may not modify, resell, deliver, distribute, or otherwise exploit any content (in

whole or in part, in electronic or physical form) without the specific prior written consent

of Mood for DJs.

c) Users are the sole beneficiaries of their own content (photos or other material) that they

post to their accounts. Please note that by posting any form of content to the app you

warrant that you are either the sole author or owner of such content or have been granted

a license allowing you to use, publish, or upload this content.

9. Limitation liability

a) Under no circumstances shall Mood for DJs be deemed liable for any direct, indirect,

incidental, special, or consequential damage resulting from the use or inability to use app,

the services or the content that exist on the app or its services. If the above limitation of

liability cannot be applied, the Company is responsible only in case of gross negligence in

case of delay in the provision of the services provided.

b) The app is provided "as is" and the security measures taken by the Company do not

guarantee that the app, the services, and the content will be provided without

interruption and without errors, but all efforts shall be made to correct any errors within

a reasonable period of time. The Company disclaims any liability relating to the quality,

accuracy, functionality, availability or performance of the services and we reserve the

right to suspend, withdraw, modify, or vary the service provided.

c) The Company shall not be liable for any technical issues the Users may encounter when

trying to access the app, which are related to the performance or compatibility of their

own devices with the app.

d) Furthermore, the Company is not responsible for the actions or omissions of third parties

and in particular for the improper interference of a third party with the products/services

and/or the information provided through the Company's app.

e) Where the app contains links to third-party websites, the Company is not responsible for

the content provided by these websites or for any damage caused to the User by these

third-party sites.

10. Force Majeure

The Company will not be liable or responsible for any failure or delay to perform any of our

obligations under this contract as a result of events beyond our reasonable control (Force

Majeure Event).

A Force Majeure Event includes any act, event, omission or accident beyond our reasonable

control and includes (without limitation) the following: strikes, lockouts, social unrest,

terrorist attacks, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic, or other

natural disaster, inability to use public or private telecommunication networks, legislation,

regulations, restrictions or acts of state or any governmental action prohibiting or impeding

us from performing our respective obligations.

Our performance may be suspended for the period of the Force Majeure, and we will have an

extension of time for performance during this period. We will make every effort and use all

reasonable means to perform through the event of Force Majeure or to find a solution by

which our obligations can be fulfilled despite the Force Majeure event.

11. Applicable Law - Jurisdiction

These terms are governed by and construed in accordance with Greek law. Any disputes

directly or indirectly arising out of or relating to the terms or the app shall be resolved

exclusively in the courts of Athens, Greece.

12. Modification of terms of use

a) We reserve the right to modify or changes these terms at any time to reflect possible

changes in market conditions affecting our business, changes in technology, changes in

relevant legislation and regulatory requirements and/or changes in our system

capabilities.

b) You are subject to the policies and terms in effect at the time you use the app. We will

notify you of any significant change to our policies or these terms by message via the app

and via the email address registered to your account.

13. Final terms

a) These terms describe the final binding agreement between Mood for DJs and its Users.

b) If any section of these terms is held to be invalid, illegal, unenforceable or contrary to the

law of any jurisdiction, such determination shall in no way affect the enforceability of the

remaining parts.

c) Unless expressly stated, the terms, as well as any rights granted herein, may under no

circumstances be transferred or assigned without the prior written consent of the

Company. The Company reserves the right to transfer and/or assign the rights granted

herein without any further notice of any kind.

d) In case the User does not agree with the terms of use, he/she must refrain from any use

of the app’s services and content.

14. Contact Us

If these terms do not answer any of your questions or if you want to report any problems

regarding this app or its content, please contact us as follows:

  • using the contact form available on Mood for DJs

  • via email to: contact@musicofourdesire.com

  • through our accounts on social media LinkedIn and Instagram.


15. Termination

The app may be terminated at any time and without prior notice. After such termination, the

User is still bound by all terms relating to intellectual property.

© Mood: Music Of Our Desire 2024