Please read thoroughly. It is your responsibility as a member with us to read and learn these terms of service. We have laid out the most important rules at the start, in easy to understand language, and have refrained from any "jargon". If you do not understand anything, please email us to ask, and we will explain in more detail.
1) You must be a working/corporate/wedding/private hire/club/bar/pub DJ, radio station, or music venue in order to gain membership and licensing from us.
2) As a member of ours, you must comply and fully agree not to share any music or video files you download from us. This includes with friends or family. If any of our files are found on other websites or blogs, or any other illegal sharing site, and it is traced back to your original download, you will be banned for life, without refund. This will be the case even if you are "hacked" or you are convinced that someone close to you shared with a 3rd party. You are solely responsible for what happens to the music and/or video packs after you download them. There will be no exceptions to this rule.
3) When a member is found to have "leaked" material on to a 3rd party website, even if this is done "unwittingly" or "by accident", we will gather strong evidence before making the ban. We will always make sure there can be no doubt before handing out a ban. We will not however provide this evidence to the member that is banned. This is to safeguard our methods of detection.
4) You must not share your login details with anyone else, even if you are part of a "DJ agency" or a "DJ crew". Your IP address is logged at every login. If too many are used, you will face a temporary ban. If multiple bans are issued for too many IP logs, this can become a permanent ban. Please start a dialogue with us if you are concerned about this.
5) Payments and/or subscriptions must be made on time. Your payment date is the date on which you signed up, and the frequency depends on what option your purchased. For example: if you signed up on the 14th June 2016 for a "monthly" subscription, your next payment date would be 14th July 2016, and every other date of the 14th of every month hereafter. Failure to keep payments running on time, or multiple cancellations and restarting of payment profiles can result in a warning. After 2 warnings, if payments are still failing, we will issue a ban.
REFUNDS & CANCELLATIONS
6) Refunds are not permitted. This is because we are a "subscription service" and our product is intangible. Due to this rule, we do not recommend purchasing any more than a 1 month subscription at first to try our service. We even offer a 24 hour free subscription to "try before your buy".
6.1) If you want to cancel your recurring payment, you have 2 options to do this. You can email and ask us to do this for you, but you must do this no later than 48 hours before the payment renewal date. To keep things simple we use the Coordinated Universal Time Zone (UTC). However, if you miss this 48 hour cut off, you can still login to your PayPal account and cancel the payment yourself from the Recurring Payments Dashboard. This can be done at any point before the payment is sent to us automatically from PayPal.
6.2) If you fail to cancel the recurring payment before the payment is sent to us, we will not agree to any refunds of any amounts. The only time we will grant a full refund is if we are asked to cancel a subscription renewal, given a minimum of 48 hours notice, but we fail to cancel the subscription. However, notice must be given by email to either of these email accounts: firstname.lastname@example.org email@example.com firstname.lastname@example.org email@example.com - messages on any social media accounts or Whatsapp do not count as official cancellation notice and therefore will not be refundable.
7) If you are found to be threatening, abusive or menacing to staff in any way, your account will be terminated without refund. Any remaining subscription term you have will be lost. It is your responsibility to know the definition of "abusive", "threatening" and/or "menacing". Ignorance will never be accepted as an excuse.
8) If a member upgrades his/her account, it is that members responsibility to cancel any existing recurring payments to us. Failure to do this could lead to the member being charged twice for their membership. If this happens, no money will be returned to that member. Instead, the second payment will be credited to their account in the form of extra membership term. Therefore, if a member upgrades to a Lifetime Membership, it is vital that they cancel any existing payments to us, as a term credit will not be possible, and their money will be gone. We will remind everyone by email at the time of upgrading. If we fail to warn, we will not enforce this rule.
In the following terms, "Static City" refers to Static City Records including PromoDrops & Promo4DJs. "Users" refers to you. "Content" refers to all content you see on this website, and any other website owned by the named companies listed on this page of terms.
1. Grant: Static City grants to you a non-exclusive, non-transferable, license to review and download Materials on the website for promotional and personal/professional (i.e., non-commercial/non-resale) purposes only. Except as set forth here, no interest, title, rights or license to any software, documentation, hardware, or any intellectual property embodied or used in connection with the Materials, or the website is transferred to you. Use of and Account membership in the Static City Service is void where prohibited. By using the Static City Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Static City Service does not violate any applicable law or regulation, (d) you shall indemnify Static City against any breach or violation by you of this agreement/law. We run strict checks in order to make sure you are a working DJ. Only working DJs are entitled to download and play the material found on Static City. If you lied or misled us when filling out your application form, then you are held responsible for this.
2. Termination: This Agreement is for an ongoing term, not specific in length, which may be terminated by either party without written notice. If Static City believes you are misusing your access to the website or that your login information has been compromised, your registration will be terminated immediately. Notwithstanding the foregoing, Static City may terminate your Account and access to the Service at any time, for any reason, without warning. Even after your Account is terminated, this Agreement will remain in effect.
3. Fees: You acknowledge that Static City does and/or reserves the right to charge for the Static City Service and to change its fees from time to time in its discretion, and to charge customary late fees (the Subscription information is incorporated herein by reference). If Static City terminates your Account because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees. If you cancel your Static City account before the renewal term, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password: When you sign up to become a Customer or Subscriber, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Customer or Subscriber at any time or to disclose your password to any third party. You agree to notify Static City immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Users: Users include, but are not limited to, Program Directors, Music Directors, Production Directors and Mixers of licensed radio stations, as well as college radio, satellite, internet, club, wedding and mix show DJs. Information provided by potential users shall be verified. Upon verification, the user will have access to the Static City Service. Users shall be required to have and maintain an e-mail address on file with Static City.
6. Content: The Content Providers retain ownership of any and all copyright, trademark, publicity, privacy and/or any other intellectual property rights they may have in the Materials (as Static City is an independent sub-contractor to non-exclusively market and promote the Content). Static City retains ownership in the website and any underlying programming, object code, source code, scripting, designs or systems therein.
7. Copyright Policy: The Material available through the Service is/are the property of the Content Providers or its licensors (or Static City) and is protected by copyright, trademark, patent and other intellectual property laws. You may NOT substantially modify, distribute, or reproduce in any way any copyrighted Material, trademarks, or other proprietary information belonging to others (for profit or otherwise), and you have no right to provide any files obtained through the Service to any other party through any other means, without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Static City website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the Material that you claim is infringing is located on the Static City website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Once such documentation has been received and signature accepted by an authorised Static City officer, all offensive content will be removed from the Website or Service. Notwithstanding the foregoing, you shall be allowed to reasonably edit, re-mix, blend, mash-up, add intros/outros, compile and create derivative works of the Content and perform the Content online (including on mobile and tablet platforms) and offline in customary media (i.e., spinning at clubs/radio, mixtapes/CDs, mixshows, blogs, social media, audience-driven events, etc.), solely for promotional and non-commercial personal/professional use purposes, and with proper credit given to the Content Providers and underlying performers, producers, songwriters.
8. Disclaimers: Static City is not responsible for any incorrect or inaccurate content posted on the Static City Website or Service whether caused by Visitors of the Static City Website or Service or by any of the equipment or programming associated with or utilised in the Static City Website or Service. The Static City Service are provided "AS-IS" and as available and Static City expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Static City cannot guarantee and does not promise any specific results from use of the Static City Website or Service. Static City may in its sole discretion and at any time without penalty or liability discontinue providing the Service without notice.
9. Limitation on Liability: IN NO EVENT SHALL STATIC CITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF STATIC CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STATIC CITY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STATIC CITY FOR THE STATIC CITY SERVICE DURING THE TERM OF MEMBERSHIP.
10. Disputes: If there is any dispute about or involving the Static City Website or Service, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. Either Static City or you may demand that any dispute between Static City and you about or involving the Static City Website or Service must be settled by arbitration utilising the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Static City from seeking injunctive relief in a court of competent jurisdiction.
11. Indemnity: You agree to indemnify and hold Static City, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any party due to or arising out of your use of the Static City Website or Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that posted on the Static City Website or through the Static City Service causes Static City to be liable to another.
13. Miscellaneous/Other: This Agreement is accepted upon your use of the Static City Website or any of the Static City Service and is further affirmed by you obtaining an Account. This Agreement constitutes the entire agreement between you and Static City regarding the use of the Static City Website and Service. The failure of Static City to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. You must be of legal age to use the Service.
Page created: 12th September 2010
Last edited: 16th June 2016