Terms & Conditions
Effective Date: 06 April 2020
Last Modified: 06 April 2020
With respect to all matters, we have attempted to keep our rules to a minimum only imposing those we feel are necessary for the safety of our users and the continued operation of "DJ Eden".
When you sign up for or otherwise use any service within the "DJ Eden" website (collectively, the “Site” “we” “our” “us” or other appropriate first-person terms as appropriate), all of which services are hereinafter referred to collectively as the “Service,” you agree to all of the Terms and Conditions of this Agreement. Please read the following Terms and Conditions carefully, as they form the agreement between you, as the Site user (referred to in this Agreement as “User” “you” “your” or other appropriate second-person terms), and the Site (such agreement is referred to herein as the “Agreement”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER OR OTHERWISE USE THE SERVICE. BY USING THE SERVICE, YOU ARE DEMONSTRATING YOUR WILLINGNESS TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY AMENDMENTS MADE FROM TIME TO TIME.
Right to Use. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service or the Site at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to all or part of the Service without notice or liability.
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
All depictions of any persons on the Site are provided under an obligation of the producer thereof to upload or stream videos or images portraying persons over the age of 18 as of the date of the production of the depiction. We undertake great measures to ensure that no underage individuals appear in any video or image on the Site. We report all images or videos of minors to law enforcement, including the International Center for Missing and Exploited Children (“ICMEC - https://www.icmec.org/”) regardless of the state of dress of such minor or the purported purpose for posting the video or pic. We will not contact you prior to reporting such images. We will simply terminate your account and provide the suspect images and all information to ICMEC.
DO NOT UPLOAD OR STREAM ANY IMAGES OF ANY MINOR FOR ANY REASON.
If you are seeking any form of child pornography (including so-called “virtual” child pornography), you must exit the Site immediately. We do not provide this kind of material and we do not tolerate those who provide this kind of material, nor do we tolerate consumers of such material.
In order to further our zero-tolerance policy, you agree to report any images which you have reason to believe depict minors on the Site by clicking the “Contact me” link found at the top menu on the Site. Include with your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken based upon our reasonable ability to verify the evidence provided.
We unreservedly cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to asacp.org.
Code of Conduct.
You agree to use the Service in accordance with the "DJ Eden"'s Code of Conduct, below:
The Site provides access to an online service comprising information and materials created and posted, uploaded, or streamed by you and other users of the Site(each a “user”).
You are solely responsible for any information that you post, display or transmit through the Site. You agree to keep all information contained on or provided through the Site as private and confidential, and agree not give such information to anyone without the permission of the person who provided it to you;
In the event that you request, upload, stream and/or share any image(s) of any minor, as mentioned above, we will not contact you. We will simply terminate your account and report you to (“ICMEC - https://www.icmec.org/”) and any and all law enforcement that we, in our sole and exclusive discretion, determine appropriate;
You will not use the Platform to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contents may be libelous, slanderous, harassing, abusive or contain defamatory statements; or racist, obscene, offensive or other language which is not in accordance with your local laws and community standards;
the platform users are allowed to freely interact with other users on the Site, or they may choose to block other users from communicating with them, and it is completely up to each user to choose who they talk to on the Site. Users are free to ignore anyone and may ban anyone from communicating with them;
You will not post any message, picture or recording, or use the Platform in any way that:
Violates, plagiarizes or infringes upon the rights of any third party, including, but not limited to, any copyright or trademark law, privacy or other personal or proprietary rights, or Is fraudulent or otherwise constitutes unlawful conduct in connection with your use of the Service, or violates any law.
You will not use the Service to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising or solicitation for goods or services;
Your access to the Platform is for your own personal use only. You may not allow others to use the Platform using your account(s) and you may not transfer your account(s) to any other person;
You will not use the Service to infringe on any privacy right, property right, or other civil right of any person; and
You will not publish or forward any chain letters, advertisements, spam, or any similar commercial message through the Platform.
Illegal and Prohibited Conduct.
In addition to the above Code of Conduct users who broadcast on webcam, and are intentioned to perform sex acts, are prohibited from doing so.
Any action that may be deemed obscene in your community is prohibited.
Users may exchange information with other users of the Site, including contact information, which is strongly not advised, but MAY NOT use users' information to spam or in any other way than the original reason for which they were exchanged. "DJ Eden is not liable for anything arising from this discouraged practice.
Users are not allowed to advertise commercial websites that offer services which are not in line with the nature of this Site, under any circumstances; but they are allowed to mention their own personal profiles, homepages and wish lists.
Users are not allowed to ask for other users' account information, or to log on to the Site using any account that does not belong exclusively to that user.
Users are prohibited from making any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, which defame, disparage, or in any way criticize the Site or Service.
This list is not exclusive, and we may, at any time, prohibit any activity that we determine, in our sole and absolute discretion, to be inappropriate. We reserve the right to terminate or suspend your access to all or part of the Service at any time, with or without notice, for engaging in any inappropriate activity.
Privacy and Use of Information.
Content Posted on the Site.
By agreeing to the Terms and Conditions of this Agreement, you represent and warrant that any images or video you upload to the Site do not in any way infringe on any third party’s intellectual property or other rights. The Site hereby asserts immunity with respect to all content provided by users, members or other third parties, as provided by law. Users and others are prohibited from uploading, sharing or in any way sharing or describing to anyone on or through the Site/Service any images or matters which, in our sole opinion, might be illegal or offensive, including, but not limited to, any content involving bestiality, urination or other bodily excretions, defamatory material or otherwise obscene material or any conduct that violates the prohibitions set forth under "DJ Eden"'s Code of Conduct or any part of this Agreement. You may not use the Service or the Site to solicit any information that might be used for unlawful purposes or encourages unlawful activities.
We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, the “Materials”) that you transmit, submit, display or publish (“post”) on the Site or through or in connection with the Service. After posting the Materials on the Site or through or in connection with the Service, you continue to retain any such rights that you may have in such Materials, subject to the license granted herein. By posting the Materials on the Site or through or in connection with the Service, you hereby grant to the Site a non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute the Material, including, without limitation, distributing all or part of the Materials, in any media formats and through any media channels. In addition to the foregoing license, you hereby authorize us to send takedown demands, pursuant to the United States’ Digital Millennium Copyright Act 1998(“DMCA”), the EUCD (European Union Copyright Directive 2001) and any legislation which goes under the WIPO Copyright Treaty of 20/12/1996, to any service provider hosting reproductions of the Materials that have been taken from the Site (e.g., a video clip bearing our watermark).
You may not use the Site or Service for commercial purposes, including, but not limited to, marketing, advertising of goods or services, any investment opportunities, contests, or similar activities. Additionally, we reserve the right, in our sole discretion, to immediately suspend your account, seek injunctive relief, seek civil redress and/or report any conduct that violates these Terms and Conditions to any and all law enforcement agencies that may have jurisdiction over the matter. In the event any actions or proceedings are brought against the Site as a result of any content you have shared in, or as a result of you engaging in any prohibited activities, you agree to indemnify and hold the Site harmless with respect to all costs and expenses, including, but not limited to, attorneys’ fees that the Site may incur as a consequence of your posting of such content or engaging in such prohibited activities.
Use of Information on Service.
You acknowledge and agree that:
We cannot ensure the security or privacy of information you provide through the Internet or otherwise. You release us from any and all liability in connection with the breach of the security of such information and/or messages and with respect to the use of such information by other parties;
We are not responsible for, and cannot control, the use of any information, by anyone, that you provide to other parties through the Service. Use caution in deciding what personal information you share with others through the Service.
We cannot assume any responsibility for the content of any message sent by any user on the Service. You release us from any and all liability in connection with the content(s) of any communication(s) you may receive from other users.
You will not bring legal action against the Site or any of its employees, officers or agents for any damages of any kind, under any theory, as a consequence of using the Service.
Any and all images uploaded to the Site or through the Service become licensed property of the Site and may be used by the Site, without any restriction(s), as marketing materials free of any restrictions. By accepting this Agreement and its Terms and Conditions you specifically authorize us to use any images you upload to the Site/Service for marketing the Site and Service, in our sole discretion.
You may not use the Service or Site for any unlawful purpose. We may refuse to grant you or discontinue your use of any username, for whatever reason, including, for example, if the username you have chosen impersonates or suggests you are someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.
On- or Off-Site Interactions/Meetings. The Site does not recommend or condone any form of user interaction between users outside of the Site and, as disclosed elsewhere in this Agreement, your use of the Site and your interactions through the Site are done at your own risk. Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account to immediate termination. If you elect to legally interact with any user of the Service outside of the Site, you do so at your own risk, and you acknowledge and agree that we are not responsible for any consequences of your election to interact with anyone, whether in person or otherwise, outside of the Site.
You should, at a minimum, consider the following precautions if meeting or corresponding with anyone on any social networking site:
Anyone who is able to commit identity theft can also falsify a user profile.
There is no substitute for acting with caution when communicating with any stranger who wants to meet you.
Never include your last name, email address, home address, phone number, place of work, or any other identifying information in your user profile or initial email messages. Immediately stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it.
If you choose to have a face-to-face meeting with another user, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from the meeting, and meet in a public place with many people around.
Your Representations and Warranties.
By using the Service, you thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the statements below:
You are not prohibited by law from using the Service and that you have the legal right, authority and capacity to enter into this Agreement and to abide by all of its Terms and Conditions, as may be amended from time to time.
It is your desire to share or to invite others to share your own private and personal behaviors and to comment, rate, criticize, organize and recommend based on what you are exposed to by your use of the Service, while inviting others to do the same.
The Site provides access to an online service comprising information and materials created and posted, uploaded, or streamed by you and other users (each a "User").
Video and images on the Site that are available for viewing (the “Content”) are stored on or streamed through our servers at the direction of our users.
Any modification of the Content that is uploaded or streamed by our users, such as the addition of a watermark, is done via an automated process. As a result, because the User/Broadcaster is aware that such modifications take place automatically upon transmission of the Content, the User/Broadcaster shall be deemed the party responsible for such automatic modification and shall be considered the “author” of such automatically modified Content. The Site is not responsible for modifications that occur to Content as part of its automatic transmission process.
Any review of uploaded or streamed Content that may be performed by the Site before or after making such Content available to the public is cursory and only intended to identify immediately or patently obvious violations of this Agreement. Accordingly, and despite any such gatekeeping, the User/Broadcaster uploading or streaming any Content shall be deemed the party at whose direction that Content is available to others through use of the Service.
The Site has never directed, and never will direct, its users to upload or stream Content that infringes upon any right of a third party. Uploading or streaming Content that infringes on third-party rights constitutes a direct and material violation of this Agreement and will subject the uploading or streaming User/ Broadcaster’s account to suspension and/or termination where appropriate.
The Site has no right or ability to control the activities of Users who create, post, upload, or stream Content through the Site or Service. In the event that a User/Broadcaster infringes upon a third party’s rights by creating, posting, uploading, or streaming infringing Content, that User/Broadcaster is the sole responsible party for such infringement, and the Site has no control over such activity and no liability therefore.
The Site appropriately presumes that the User/Broadcaster uploading or streaming any Content is the holder of all exclusive rights to that Content, except where the Content itself bears some obvious indication to the contrary, such as a visible proprietary mark identifying a person or entity other than the User/ Broadcaster as the exclusive rights holder.
Where Content contains no obvious proprietary marking that indicates an exclusive owner different from theUser/Broadcaster, the Site shall not be deemed to have actual or imputed knowledge that such Content infringes upon any third party’s rights.
Apart from identifying an obvious proprietary marking in any Content that indicates an exclusive owner, the Site has no other ability to determine whether the rights appurtenant to a particular piece of Content may belong to a party other than the uploading or streaming User/Broadcaster. As the Site’s only other means of identifying Content that may infringe upon a third party’s rights, the Site relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
Notice of Intellectual Property Infringement.
The Site respects the intellectual property of others, and we ask our community members and others to do the same. We voluntarily observe and comply with the relevant laws. IT IS "DJ Eden"’S POLICY TO TERMINATE ACCOUNTS OF REPEAT COPYRIGHT INFRINGERS WHEN APPROPRIATE. If you believe that your work has been copied through use of the Service in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Service’s Designated Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where on the Service the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you made under penalty of perjury that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send your Notice of Claimed Infringement to the relevant Department in out Ticket System
Monitoring of Information.
We reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Site. We are not responsible for any offensive or obscene Material(s) that may be in anyway transmitted by any users (including unauthorized users, including the possibility of “hackers”). As noted above, we are also not responsible under any circumstances for the use of any personal information, by anyone, that you in anyway transmit through the Service.
Termination of Access to the Service.
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason or no reason at all, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer any such activity to any appropriate law enforcement agencies.
The Service contains information that is proprietary to us and/or users of the Service. We assert full copyright protection in the Service, including all of the design and code embodied therein. Any information shared or posted by us or by users of the Service may be protected whether it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information. You may not use any automated means to in anyway monitor, "scrape", download, use or otherwise collect data and/or content from the Site, including, without limitation, robots/bots, crawlers, or data mining tools. Similarly, you may not use any automated means to create a false impression of traffic to any chatroom (where available).
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the Service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, “Trojan horses” or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the Service or its availability at any time, and you may stop using the Service at any time. Please see details regarding Cancellation below.
Your account is private and may not be used by anyone else under any circumstances. You are responsible for all usage or activity on the Service by users using your login and password, including but not limited to use of your login and password by any third party.
The Service may from time to time contain links to other sites and resources (“External Links”). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
The Service is distributed on an “as is” and “as available” basis. We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service.
WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by the Site or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via email, as determined by us in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting or receipt of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, as modified.
Nature of Relationship / Disclaimer of Agency.
Nothing in this Agreement is intended by you or the Site to constitute an employment relationship, a joint venture, or collaboration between you and the Site. You acknowledge that you are in no way an employee or agent of the Site and as such, you have no authority to act on the Site’s behalf or to bind the Site to any obligation or agreement. This provision also applies to users promoting or making referrals to the Site.
Disclosure and Other Communication.
Tax Documents. To the extent you who receive compensation from the Site (e.g., referral commissions) and we are required by law or deem it necessary to provide you with tax documents related to such compensation, by executing this Agreement, YOU HEREBY AGREE AND CONSENT TO RECEIVE ANY SUCH TAX DOCUMENTS VIA ELECTRONIC MEANS, including via email and/or in Adobe .pdf format. If you do not consent to, or opt-out of, electronic delivery of tax documents, you will receive a paper copy via regular UK/International snail mail. This consent is effective immediately for any tax documents we send you in the future, and will remain in effect until and unless revoked by you in writing. To obtain a paper copy of any tax document we are required to provide or have provided to you, to revoke your consent to electronic delivery of tax documents, or to update your address or contact information on file with us, use our ticket system and address your enquiries to the relevant Department.
You may become a user of the Service by completing an online registration form, which must be accepted by the Site. Upon submission of the online registration form, the Site or its authorized agent will process the application. You will be automatically opted-in for "DJ Eden"'s newsletters, but you will be able to opt-out at any time by logging into your account and clicking onto "My Subscriptions".
In connection with completing the online registration form, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you remain a user of the Service.
You must promptly inform the Site of all changes to the Registration Data, including, but not limited to, changes in your address, and changes in the credit card information you designated for billing for the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Site has the right to suspend or terminate your account and refuse your current or future use of the Service and Site, as well as possibly subjecting you to criminal and civil liability. You are responsible for rejected payments and any related fees that we incur with respect to your account. The only payments currently accepted are via online payment systems (specified in the payment section).
Member Account and Password.
As part of the registration process, you will be issued a unique username and password, which you must provide in order to gain access to the non-public portions of the Service. You certify that, when asked to choose a username, you will not choose a name that falsely represents you as somebody else, or a name that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We reserve the right to cancel, at any time, the membership of any user who uses their selected username in violation of these Terms and Conditions or in any other way we deem inappropriate in our sole discretion. Your membership, username and password are non-transferable and non-assignable. You represent and warrant that you will not disclose to any other person your username or password and that you will not provide access to the Service to anyone who is below the Age of Majority, or who does not willingly wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. We will not release your password for security reasons. You agree to (a) immediately notify the Site of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are solely liable and responsible for any unauthorized use of the Service using your account until you notify the Site by email regarding the unauthorized use or access. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify the Site with respect to all activities conducted through your account. You may obtain access to your billing records upon reasonable request.
Promotion of the Site and Service (Where applicable).
Registered users of the Service may be eligible to participate in our affiliate advertising program and potentially earn commissions based on the number and quality of registered user referred to the Site.
License to Promotional Items (Where applicable).
All registered users of the Site/Service who are currently in compliance with the terms of this Agreement are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Site’s name, access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by the Site in writing (“Promotional Items”), for use on site(s) owned by such registered users (“Referral Sites ”). The Promotional Items are licensed to eligible registered users for the limited purposes of advertising, marketing and promoting the Site and Service. Any and all licenses granted to registered users pursuant to this Agreement shall immediately cease and revert to us upon the termination or cancellation of this Agreement. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the terms of this Agreement and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Site and/or the Site’s licensor(s). You further acknowledge and agree that any Promotional Item(s) created by you and approved by the Site are a specially ordered and commissioned “work made for hire” within the meaning of the 1976 Copyright Act for the good and valuable consideration provided you herein.
Keywords; Domain Names.
Notwithstanding the foregoing license to use the names of our Site in connection with referring traffic to the Service, you are not, as a part of this license, permitted to (i) bid on, purchase or otherwise register/use "DJ Eden" or any other similar spelling, or use same in connection with the words “Official,” “Officially” or “Official Site” as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; use the Site name in association with any similar or competing website or service; or (ii) register any domain name which incorporates or is a “misspelling” or variation of “DJ Eden”. You agree that in the event you violate any part of this section of this Agreement, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to the Site as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible registered users will be permitted to use any website domain name they choose in connection with promoting the Site and Service, so long as such website domain name(s) registered does not infringe on our or any third party's intellectual property rights, or defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
You are prohibited from using any images, text, script(s), applications, logos and functional elements appearing on a Referral Sites, to which you do not have all legal rights, free from any and all encumbrances and third party claims. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Site. You understand and agree that if you advertise on any service or provider that does not permit such advertising, your account will be terminated without notice and without payment or liability. Furthermore, you acknowledge and agree that we may, at any time, review the contents of any Referral Site and disapprove of any material thereon that might, in our sole discretion, reflect negatively upon the Site or the Service. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.
No Email Marketing. We do not permit promotion of the Site by email marketing. You acknowledge and agree that any email marketing by you will be grounds for immediate termination of your account without payment.
User Referral Link (Where applicable).
Each user shall be assigned one or more unique URLs (each a “User Referral Link ”) that must be used when referring new users in order to connect such new users to the existing user who referred them. You acknowledge and agree that we are not obligated to pay any commissions to you for any new user signups or spending that did not directly result from clicking on your User Referral Links.
Commissions on User Spending (where applicable). The Site will compensate eligible users, subject to the terms of this Agreement in all respects, a commission for certain types of referrals generated by such eligible users, as set forth in further detail below:
Definition of Adjusted Gross Receipts. As used herein, “Adjusted Gross Receipts” means gross payments received from a subject user, less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such subject user by us to settle a claim involving the allegation of credit card or other abuse or fraud) or any uncollectable revenue attributable to the subject user.
Paying User Referrals. As used herein, a “Referred User” means an Internet user who creates a new "DJ Eden" user account as a result of clicking an existing user’s User Referral Link. Eligible users will receive a commission equal to 20% of Adjusted Gross Receipts paid by each of their Referred Users to the Site.
Paying Sub-Referrals. Eligible users will receive a commission equal to 5% of the amount of commissions paid to their Referred Users for payments received from Internet users who create new "DJ Eden" user accounts using the Referred User’s User Referral Link.
Performing User Referrals. As used herein, a “Referred Independent Broadcaster” means an internet user who creates a new user account by clicking on an existing user’s User Referral Link and who verifies his or her account for purposes of collecting payment by completing the Site’s age verification process. We reserve the right to modify these amounts at any time without further notice to you.
Commissions on Number of Signups; Countries and Tiers (where applicable). Certain users may be eligible for commissions based on the number of Internet users who create an account with the Site after being referred a current "DJ Eden" user. The amount of commission will depend upon the country in which the referred Internet user resides, as described more fully below. As applicable, a commission of One UK British Pound (GBP £1.00) will be paid for Referred Users from a Tier 1 country, Ten UK British Pound Cents (GBP £0.10) for Referred Users from a Tier 2 country, and One UK British Pound Cent (GBP £0.01) for Referred Users from a Tier 3 country. We reserve the right to modify these amounts at any time without further notice to you. No commission will be paid for a Referred User residing in a country not found in Tier 1, Tier 2, or Tier 3 below.
The following countries have been assigned to their respective Tiers as indicated below. We reserve the right to modify the countries belonging to each tier at any time without further notice to you.
Tier 1: Netherlands Antilles Austria Australia Belgium Canada Switzerland Germany Denmark Finland Falkland Islands (Malvinas) Faroe Islands France United Kingdom Guernsey Gibraltar Greenland Ireland Iceland Jersey Japan Liechtenstein Luxembourg Netherlands Norway New Zealand Qatar Sweden Singapore San Marino United States Minor Outlying Islands United States United States Virgin Islands
Tier 2: United Arab Emirates Aruba Brunei Darussalam Brazil the Bahamas Cyprus Spain Equatorial Guinea Greece Hong Kong Israel Isle of Man Italy South Korea Kuwait Cayman Islands Macau Macao French Polynesia Puerto Rico Portugal Slovenia British Virgin Islands
Tier 3: Antigua and Barbuda Anguilla Barbados Bahrain Cook Islands Chile Czech Republic Estonia Guam Croatia Hungary Saint Kitts and Nevis Lebanon Lithuania Latvia Northern Mariana Islands Malta Mexico New Caledonia Oman Poland Russian Federation Saudi Arabia Seychelles Slovakia Turkey Trinidad and Tobago Taiwan Uruguay Venezuela, Bolivarian Republic of
Commission Payouts (Where applicable).
Periods for eligible users to accumulate commissions run from the 1st through the 15th and the 16th through the 31st day of each month. Commission payments will be made to eligible users seven days after each period is closed. In the event that you accumulate a commission, you will not be entitled to receive payment, nor shall the Site be liable for any such payment, unless and until the total amount of accumulated funds associated with your account exceeds Fifty UK British Pounds (GBP £50.00). In order to receive cash commissions, you may be required to complete a one-time claim form, which might include submission of your legal name, a copy of your government-issued photo identification, mailing address, birth date, telephone number, social security number and a selection of a preferred payment method. In addition, depending on the amount of commissions accumulated, you might be required to sign, notarize, and return an affidavit or declaration of eligibility, a liability release, a Tax Form and provide any additional information as may be required by the Site. Failure to provide any requested information may result in forfeiture of any unpaid commissions. We reserve the right to charge a £10.00 payment reissue fee for replacing lost or misplaced payments that had previously been issued; this fee is assessed at time of reissue. For Independent Broadcasters who are due payments, such users may receive payment from FX2 INFORMATION SERVICES LIMITED.
Invalid Referrals (Where applicable).
You acknowledge and agree that you shall not be entitled to any compensation from the Site for any referral if the Site determines or believes, in the Site’s sole discretion, that such referral is the result of possibly fraudulent activity or any violation of this Agreement.
Billing Errors (Where applicable).
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the London Court of International Arbitration (LCIA) in accordance with its commercial arbitration rules and applying the laws in effect in the United Kingdom. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and the Site hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
Arbitration will take place in London, United Kingdom, exclusively.
You and the Site hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.
The obligation to arbitrate is not binding upon the Site with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual-property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties.
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator's fees, attorneys' fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties' individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.
Cancellation By User.
You may cancel your membership and your account at any time by visiting our cancellation page.
You agree to be personally liable for any and all charges incurred by your account, username and password until you terminate your membership as provided herein (where applicable). In the event that you cancel your account, any money paid will not be refunded, but your next cycle's billing will be terminated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of the Service. Your account, profile, and all the data associated with it, will be automatically deleted and will not be recoverable. It is your duty to make a backup copy of the content you wish to retain, before proceeding with the cancellation.
Termination By the Site.
Without limiting other remedies, the Service may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the Service and refuse to provide services to you at any time, with or without advance notice, if: (a) the Site believes that you have breached any of these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause legal liability for you, our users or us; or (d) the Site decides to cease operations or to otherwise discontinue any of the Site or parts thereof.
You agree that neither the Site, nor any third party acting on our behalf, shall be liable to you for any termination of your membership or access to the Service. You agree that if your account is terminated by us, you will not attempt to re-register as a user without prior written consent from the Site.
After Termination or Cancellation.
You accept that when you cancel your membership with the Service you will be automatically locked out of the Service. You will be unable to access your account on the Service. You also agree and accept that upon cancellation your account, we have no obligation to maintain or store any mail or other membership materials and that such information may be irretrievable.
You agree to defend, indemnify, and hold the Site and its affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys harmless from and against any and all claims and liabilities, including reasonable attorneys’ and experts’ fees, related to or arising from: (i) any breach by you of this Agreement; (ii) your use (or misuse) of the Service, Site and/or Promotional Materials; (iii) all conduct and activities occurring using your account and/or Referral Sites, if any; (iv) any item or service sold or advertised in connection with your Referral Sites, if any; (v) any defamatory, libelous or illegal material(s) contained within your Content or your information or data; (vi) any claim or contention that your Referral Sites, if any, contain information, data or other materials which infringes any third party’s patent, copyright, trademark, or other intellectual property rights or violates any third party's rights of privacy or publicity; (vii) third-party access or use of any Promotional Materials provided to you; (viii) any claim related to your website(s); (ix) any costs incurred on your behalf as a result of your failure to comply with the laws of the United Kingdom; and/or (x) any violation of this Agreement. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so, and we are permitted by this Agreement to later seek indemnification from you. You shall not settle any such claim or liability without the prior written consent of the Site. You understand that we will take any and all measures to protect ourselves from any legal or civil litigation including, but not limited to canceling your account, in our sole discretion. You also understand that we will charge on an hourly basis for any and all time spent responding to any third-party complaints, disputes, copyright claims or actions involving you or your Referral Sites.
Wednesday 21st Oct 2020