User Agreement and Terms of Use

The following constitutes the NetworkDJ.com User Agreement and Terms of Use.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of NetworkDJ.com

We may amend this Agreement at any time in our discretion by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 7 days after they are initially posted on our site. If you do not agree with the ammendments, the responsibility is on you (the Member) to terminate your association with NetworkDJ.com.

  1. Definitions
    1. The term "Member" refers to any person that agrees to these terms and conditions and registers for membership on the NetworkDJ.com web site.
    2. "NetworkDJ" refers to the website resolved by the domain name networkdj.com, its owners, proprietors, and investors
    3. Membership Eligibility.

      Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to persons under 18 years of age or to temporarily or indefinitely suspended NetworkDJ.com members. If you do not qualify, you are not permitted to use our services.

  2. Fees and Services.

    1. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least seven (7) days notice of the changes by posting the changes on the announcements board. You are responsible for paying all fees associated with using our service.
    2. The NetworkDJ Website may contain links to third party websites that are not owned or controlled by NetworkDJ. NetworkDJ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, NetworkDJ will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve NetworkDJ from any and all liability arising from your use of any third-party website.
  3. Your Information.

    3.1 Definition.

          "Your Information" is defined as any information you provide to us through the course of your use of the website. This includes but is not limited to the registration process, emails, and any information submitted via web forms.

    3.2 Restrictions.

    Your Information must not:

    1. be false, inaccurate or misleading;

    2. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

    3. violate any applicable law, statute, ordinance or regulation;

    4. be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

    5. be obscene, be harmful or insulting to persons;

    6. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992.

    7. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;

    8. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

    9. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with this Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by NetworkDJ.com or a court of law; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your membership, and may subject you to state and federal penalties and other legal consequences. NetworkDJ.com reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

    10. You give NetworkDJ.com permission to contact you via the mediums and methods you provide suring the registration process
    11. You give NetworkDJ.com permission to allow other NetworkDJ.com members the ability to contact you, however your contact details will only be revealed to them at your discretion.
    12. You give permission for NetworkDJ.com to reveal your contact details to any member of NetworkDJ.com that you contact
  4. Your property.

    6.1 When you submit music, a photograph or any other material to NetworkDJ, you agree that:
    1. You give NetworkDJ, its affilliates, and members your full permission to broadcast that material at our discrestion. This includes, but is not limited to broadcast via the public or private internet, public or private radio including commercial radio, public or private television including commercial television.
    2. When you submit a song to NetworkDJ, you acknowledge that you are submitting your music to the public internet, an open an unsecure medium, and that your music can be played, downloaded, cached, saved archived and/or retained by any person in the world for playback, distribution, and broadcast by anyone.
    3. You give NetworkDJ your full permission to reproduce the material. This includes, but is not limited to producing copies of the material for broadcast or distribution
    4. You give NetworkDJ your full permission to distribute the material. This includes, but is not limited to distribution to radio stations, television, visitors and members of the NetworkDJ website.
    5. Although NetworkDJ has your full permission to broadcast, reproduce and distribute your material, you as the owner of the material retain ownership over the material and can request that the material be removed the website and any further distrubution  if you provide five (5) days notice in order for this to occur.
    6. In the event that you request your material to be removed form public broadcast, reproduction and/or distribution, you agree and concede that any broadcast, reproduciton or distribution which was carried out by NetworkDJ prior to the notice being given, is irreversible and irretrivable for which NetworkDJ will not be held accountable.
    7. You agree that you will never hold NetworkDJ accountable for actions which it carries out on your material which is in line with this agreement.
    8. You agree that NetworkDJ will never pay or otherwise re-imburse you for the use of your material. You agree that your material is provided free of charge to NetworkDJ in order to perform actions on that material in line with this agreement.
    9. You agree that you have no entitlement to any revenue earned or gained by NetworkDJ through, but not limited to, advertising, sponsorship, donations or otherwise. This includes, but is not limited to, revenue gained directly or indirectly through the use of your material exclusively, incidently or by any other means.
    10. You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize NetworkDJ to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
    11. By submitting music to NetworkDJ, you hereby grat NetworkDJ a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the NetworkDJ Website and NetworkDJ's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the NetworkDJ Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the NetworkDJ Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this agreement. The above licenses granted by you in User material terminate within a commercially reasonable time after you request removal of your material from the NetworkDJ service. You understand and agree, however, that NetworkDJ may retain, but not display, distribute, or perform, server copies of User material that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.

  5. Broadcasters
    1. Downloading a song
      1. When downloading a song you agree to give credit to the artist associated with the song. Credit must be stated in the broadcast and will include the artists name, or the artists NetworkDJ.com username and the NetworkDJ.com wesite URL.
      2. You agree to explicitally cite the source of the song as the NetworkDJ.com website.
      3. You may broadcast the song on the radio station that is associated with your registration on the NetworkDJ.com website
      4. You agree not to distribute the song to other parties or persons.
      5. You agree never to sell a NetworkDJ.com song without express permission and agreement of the artist themselves in writing.
      6. You agree not to broadcast NetworkDJ.com songs on any other broadcasting medium or station other than the station and medium related to your NetworkDJ.com account.
  6. Breach.

    Without limiting other remedies available to NetworkDJ.com at law, in equity or under this Agreement, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

    1. you breach this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;

    2. we are unable to verify or authenticate any information you provide to us; or

    3. we believe that your actions may cause legal liability for you, our users or us.

  7. Privacy.

    NetworkDJ.com has a Privacy Policy which applies to all members and is incorporated into this User Agreement by reference. Our current Privacy Policy is available (at this location You must read and accept our Privacy Policy upon registration in order to use our Site, and you will continue to be bound by its provisions (and any amendments we make to the Privacy Policy) while you are a member of NetworkDJ.com.

  8. Warranty.

    WE, Steven George, OUR SUPPLIERS AND CLIENTS PROVIDE OUR WEB SITE AND SERVICES ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE EXTENT PERMITTED BY LAW, WE, OUR SUPPLIERS AND CLIENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control.

  9. Liability.

    NetworkDJ.com and Steven George takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does NetworkDJ.com have any obligation to monitor such third party content. NetworkDJ.com reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. NetworkDJ.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of NetworkDJ.com, its users and the public. NetworkDJ.com will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

    IN NO EVENT SHALL WE, Steven George, OUR AFFILIATES AND RELATED ENTITIES, OUR SUPPLIERS OR CLIENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). YOU AGREE TO ACCEPT SOLE RESPONSIBILITY FOR THE LEGALITY OF YOUR ACTIONS UNDER THE LAWS WHICH APPLY TO YOU. YOU AGREE THAT NetworkDJ.com, Steven George, AND ALL AFFILIATES AND RELATED ENTITIES OF NetworkDJ.com HAVE NO RESPONSIBILITY FOR THE LEGALITY OF OUR MEMBERS' ACTIONS.

    Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of NetworkDJ.com, Steven George and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

  10. Indemnity.

    You agree to indemnify and hold us, Steven George, and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable solicitors' fees, made by any third party due to or arising out of your breach of this Agreement or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

  11. Legal Compliance.

    You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our service. Specifically, you must ensure that your activities, and Your Information you post on our Site do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant state-based fair trading legislation. For more information about this legislation and other legislation which may apply to you, please refer to http://www.austlii.edu.au Notwithstanding the successful conclusion of a transaction on our Site, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. YOU ALONE, AND NOT NetworkDJ.com, ARE RESPONSIBLE FOR CONFIRMING THAT YOUR ACTIVITIES ARE LAWFUL. YOU MUST ENSURE THAT YOU COMPLY WITH ALL APPLICABLE LAWS. YOU MUST ALSO ENSURE THAT YOU COMPLY WITH ALL CLAUSES OF THIS USER AGREEMENT AND THE PRIVACY POLICY, AND ALL OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE IN THOSE DOCUMENTS.

  12. No Agency.

    You and NetworkDJ.com are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  13. Arbitration.

    Any controversy or claim arising out of or in connection with this Agreement may at our discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator.