1. General information.
1.1. When we say ‘we’, ‘us’ or ‘BeDJ’ it’s because that’s who we are and we own and run www.bedj.io (BeDJ Site).
1.2. The BeDJ Site is the platform that allow members to buy and sell digital items like HTML file with general information about DJ set, set compilation and programming directly from an author (items). We provide the platform to allow the transactions between buyers and authors (sellers) to happen.
1.3. The items on BeDJ Site are owned by the authors, not by us. The items on BeDJ Site are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
1.4. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms you will need to leave because your presence on and use of the BeDJ Site is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
2.1. You need to be 16 years or over to browse the BeDJ Site. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the site, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our BeDJ Site whether or not you’re a member.
2.2. You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
2.3. Membership is free. When you become a member you get an BeDJ account that is accessible from our BeDJ Site. Your membership will allow you to ‘buy’ items from authors. Membership also gives you the opportunity to become an author (see section 7. Becoming an Author).
2.4. You promise that information you give us is true, accurate and complete and, if you sign up for an BeDJ account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the BeDJ Site including any activity that occurs in conjunction with your username and password, if you have an BeDJ account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
3.1. When you buy an item, you acquire the right to use that item; you`re not actually acquiring the item itself. What you get includes a HTML file with general information about DJ set, set compilation and programming directly from an author.
3.2. The total price for an item on BeDJ Site is made up of:
- Item price: The item price which is made by author.
- Service fee: This is the fee buyers pay BeDJ for the buyer services we provide buyers.
- Handling fee: In some transactions on BeDJ Site the total checkout price may include a handling fee.
- Taxes: Some transactions on BeDJ Site may be subject to tax that may be added to the price. See section 5 for details about taxes on BeDJ Site.
3.3. If you have an BeDJ account, you can make payments by using the ‘Buy Now’ function.
3.4. When using Buy Now you will be redirected to a payment method provider.
3.5. You are responsible for all costs of currency conversion relating to a transaction on BeDJ Site. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
3.6. When you buy an BeDJ Site item you’re doing so on the following
- you warrant to us and the author that you have carefully considered the suitability of your chosen item, and that you have chosen appropriately;
- you cannot cancel a completed purchase of an item;
- we and the authors do not promise that any particular item will continue to be available on BeDJ Site so you should download and save the item as soon as you buy it;
- once you buy or download an item and the item has been paid for, you acquire a non-exclusive rights to use the item. All rights of the item belong to the author and you can’t resell under your name. (non-exclusive means others might also buy and use the same item);
- the author retains ownership of the item.
3.7. If you choose PayPal or Stripe payment method, then you are dealing with Vahtom Group LLC (USA);
3.8. If you choose Paysera payment method, then you are dealing with UAB Logikona (EU, Lithuania);
4.1. We warrant that the BeDJ Site will be suitable for the purposes described on the site, and that we will provide our platform services with reasonable skill and care.
4.2. We otherwise do not make any express or implied warranties about the BeDJ Site (or any items on the BeDJ Site).
4.3. The author of an item you buy warrants to you that:
- the item is of acceptable quality and fit for the purpose for which it is ’sold’;
- the item matches the description given by the author on the item preview page, as well as any item preview;
- they have the rights necessary to sell the item;
- your use of that item does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
5.2. European VAT. Prices and fees for supplies made to you (whether by BeDJ or authors) in connection with these terms exclude European VAT, unless stated otherwise on our site. If a supply is made to you under or in connection with these terms on which European VAT is imposed, any applicable fee that is charged for that supply is increased by, and you must also pay, an amount equal to the VAT or payable (by BeDJ or the author) on that supply.
5.1. Prices, fees and charges are otherwise inclusive of other applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of BeDJ Site wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
6.1. Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by the author in section 4.3. has been breached, or a refund is required under relevant consumer protection laws. If you would like to request a refund, please contact us.
6.2. We will assess refund (if you have an BeDJ account) on their
merits, considering the digital nature of BeDJ Site items and the type of item
preview that was available before purchase. There is generally no obligation to provide
a refund in situations like the following:
- you have changed your mind about an item;
- you bought an item by mistake;
- you do not have sufficient expertise to use the item;
- you ask for goodwill;
- you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
6.3. If the author or we decide to issue a refund (if you have an BeDJ account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 3.5. — Currency conversion costs about currency conversion back to your local currency).
7. Becoming an Author.
7.1. If you want to get involved in our community as an author, you can sign up and find out more here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.
8. Intellectual Property
8.1. We own all the BeDJ content that we have put on BeDJ Site (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the BeDJ Site, and copyright, trademarks, designs and other intellectual property on BeDJ Site. We own all the trademarks, logos, service marks and trade names on BeDJ Site (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our BeDJ Content or use any of our intellectual property in any way not expressly stated in these terms.
8.2. We do not own the items on BeDJ Site; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not warrant that the items or any member content, code, data or materials available on or via the BeDJ Site do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item — see section 4.3.).
8.3. We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.
9. Your information.
9.2. We value your information and take reasonable precautions to protect it. While using the BeDJ Site, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the BeDJ Site to any other person.
10. Playing fair.
10.1. We strongly recommend that you don’t make your contact details public on the BeDJ Site or in any public communications via the BeDJ Site. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under the Acceptable Use Policy and you do so at your risk.
10.2. We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice or General IPR Notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the BeDJ Site and any content might result in liability to us or anyone else. See our Acceptable Use Policy for further details.
10.3. We may block you, terminate your BeDJ account or refuse to process a payment, including withholding your account balance indefinitely, if we reasonably believe there is a risk associated with you, your BeDJ account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we suspect the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You warrant that you are not located in a sanctioned country and are not on a sanctioned persons list. You also warrant that you will not purchase items on BeDJ using funds sourced from a sanctioned country. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer or for withdrawing earnings as an author. We may take any of the actions stated in this section without notice and against of your BeDJ account. If required by law we may forfeit existing deposits or earnings.
11.1. You may to link to BeDJ Site from other sites but you have to link to a full version of a page and not link directly to an image or file hosted on BeDJ Site. That includes no «in-line» linking methods resulting in images hosted on BeDJ Site being displayed on other sites. You must not «frame» any BeDJ Site pages by surrounding those pages with someone else’s content, materials or branding. We reserve the right to insist that any link to the BeDJ Site be discontinued, and to revoke your ability to link to the BeDJ Site.
11.2. The BeDJ Site may contain links to other non-BeDJ Site. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites.
12. Legal Housekeeping.
12.1. Membership is not an automatic right, it is a benefit for
community members who follow our terms and policies and treat other community members well.
We hope that you will be with us for a long time. But we may, using
reasonable discretion, decide whether or not your use of BeDJ Site complies with
these terms and our policies. We can suspend or terminate your BeDJ account at any
time for any reason (acting reasonably of course), including if you:
- breach these terms or any terms applicable to any of your other BeDJ accounts;
- breach any of our policies;
- act in a way that does not align with the values of our community;
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your BeDJ account you must not apply for a new account.
12.2. If you make a Buy Now payment, we receive your payment as a limited agent for the author and your obligation to pay the author is met when we receive the payment successfully.
13. Liability and indemnity.
13.1. We provide the BeDJ Site and the platform services, not the items on the BeDJ Site.
13.2. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of BeDJ Site and any content you post to BeDJ Site (including, if you are an author, your items).
13.3. If you are a buyer, you agree that we are not responsible for, and you
release us from liability arising out of or in connection with:
- the items on BeDJ Site;
- information provided by authors about their items (including on any item page); and
- your use of items from BeDJ Site.
13.4. Our liability to you in connection with BeDJ Site or these terms, in contract,
tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense;
We may, at our expense, assume the exclusive defense and control of any matter you indemnify us against, and if so you agree to cooperate with us.
14. Other condition.
14.1. We strive to have BeDJ Site available to you 24 hours a day, seven days a week but: occasionally you might not be able to access BeDJ Site, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how BeDJ Site works. The BeDJ will not be liable to you for any loss you suffer as a result of these things.
14.2. If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
14.3. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way. We are, however, an agent of the authors only for the limited purposes of collecting Buy Now payments (see section 12.2.), the authors’ providing warranties to buyers in section 4.3.
14.4. Any notice you send us must be submitted via contact us. Any notice we send to you will be emailed to your email address indicated in your notice.
14.5. We may change these terms at any time and, if we make changes, we will take reasonable steps to let our community know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your BeDJ account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use BeDJ Site after the changes are made, then you will be agreeing to the changes.
14.6. Words like ’include’ and ’including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
15. Applicable Laws.
15.1. We control and operate BeDJ Site from our offices in Lithuania and Republic of Belarus. The laws of Lithuania and Republic of Belarus govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
- Author: a member who makes items available for sale on BeDJ Site.
- Buy: includes downloading an item that is made available for free on BeDJ Site.
- Buy Now: a way of purchasing an item using a payment provider.
- Buyer: a person who ‘buys’ items on BeDJ Site.
- BeDJ: Vahtom Group LLC, 1155 Brickell Bay Dr Apt 3205, Miami, FL 33131-3242, USA, EIN/SSN 83-1868093, Account Number 8980 9649 8210, ACH Routing number 063100277
- BeDJ content: is all the content that we have put on BeDJ Site and includes the design, compilation, and look and feel of the BeDJ Site, and copyright, trademarks, designs and other intellectual property on the BeDJ Site (unless otherwise stated and excluding content owned by others like author content).
- BeDJ Site: when we refer to the ‘BeDJ Site’ we’re talking about the BeDJ digital marketplace: www.bedj.io
- BeDJ account: what you receive when you become a Member which gives you access to the BeDJ Site.
- Handling fee: the fee buyers may pay when using a payment method.
- Item price: the price buyers pay for an item, as detailed in section 3.1.
- Items: digital goods found on BeDJ Site like instructions, compilations to a DJ mixes, programming.
- List price: the price you see on an item page on BeDJ Site, which is made up of the item price and service fee.
- Member: a person who signs up by creating an account and accepting these terms.
- Payment method: any payment agent or method we make available on the BeDJ Site.
- Service fee: this is the fee buyers pay BeDJ for the buyer services we provide buyers.
- Total price: the price the buyer will pay in total, which consists of the item price, BeDJ’s service fee and handling fee (if applicable) and any taxes that may be added, as detailed in section 3.2.
- Your content: everything that you post on the BeDJ Site, or send via the BeDJ Site to other members and to us including items, files, communications and materials.
Version 1.0 Date: 10 April 2020.