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