These terms and conditions ("Terms", "Agreement") are an agreement between One28 LLC ("One28 LLC", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the One28 mobile application and any of its products or services (collectively, "Mobile Application" or "Services") such as One28 on the AppStore, One28 DJ on the Appstore, and the One28 WebApp (https://webapp.one28.app/).
Thank you for using One28. These Terms of Use govern your use of the applications. By using the applications, you agree to be bound by these terms and conditions.
1. Account Registration:
In order to use the app, you must create an account. You agree to provide accurate and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. DJ Approval and Misuse of the App:
2.1 We manually approve all DJs before they can use the app. However, while we take reasonable measures to ensure the authenticity and integrity of DJs, we cannot guarantee their behavior or actions once they are approved. We shall not be held responsible for any misconduct, inappropriate behavior, or misuse of the app by DJs. Users are encouraged to report any such issues to us for investigation. The only allowed transaction type on our applications are to send or receive a tipped song request or simply tip the DJ for a great performance.
2.2 If any fraudulent activity is detected all the payouts you have received will be recaptured by our payment processor to settle the disputes.
3. User Conduct:
You agree to use the app in compliance with applicable laws and regulations. You shall not use the app to:
3.1 Violate any third-party rights, including intellectual property rights;
3.2 Engage in any illegal, fraudulent, or abusive activities;
3.3 Transmit any viruses, malware, or other harmful code;
3.4 Interfere with the operation or disrupt the functionality of the app;
3.5 Collect or harvest any information from other users without their consent.
4. Intellectual Property:
All intellectual property rights related to One28 LLC, including but not limited to trademarks, logos, designs, and software, are the property of the app's owner or licensed to us. By using the app, you acknowledge and agree that you do not acquire any ownership or rights to the app or its intellectual property.
4.1 Prohibited Actions: You are strictly prohibited from copying, modifying, or distributing the app or its contents without prior written permission. Furthermore, you shall not use the app's intellectual property for any unauthorized or commercial purposes. Removing, altering, or obscuring any copyright notices or proprietary markings on the app is also strictly prohibited.
4.2 Intellectual Property Infringement: If you believe that any content on the app infringes upon your intellectual property rights, please contact us immediately and provide sufficient evidence of your rights so that we can investigate and take appropriate action.
5. Disclaimer of Warranties:
One28 Apps and WebApp is provided on an "as-is" and "as available" basis, without any warranties or representations, whether express or implied. We do not warrant that the app will be error-free, uninterrupted, or free from viruses or other harmful components. You agree to use the app at your own risk.
6. Limitation of Liability:
To the fullest extent permitted by applicable law, we shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of the app, including but not limited to damages for loss of profits, data, or other intangible losses.
7. Governing Law and Dispute Resolution:
These Terms of Use shall be governed by and construed in accordance with the laws of the concerned jurisdiction. Any dispute arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction.
8. Severability:
If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
9. Amendments:
We reserve the right to amend these Terms of Use at any time. Any changes will be effective immediately upon posting the updated terms within the app. Your continued use of the app after the changes have been made constitutes your acceptance of the updated Terms of Use.
10. Data Collection:
10.1 We may collect data regarding your spending habits, including but not limited to your purchase history, transaction details, payment information, and related financial data.
10.2. We collect this data through various means, including when you voluntarily provide information to us, when you use our services or products, or when we obtain information from third-party sources with your consent or as permitted by law.
10.3. The collected data may be anonymized or aggregated for analysis purposes, but personally identifiable information may be used for specific purposes as described in our Privacy Policy.
11. Purpose of Data Collection:
11.1 We collect data on spending habits to understand consumer behavior, improve our services, personalize user experiences, develop new products, and provide relevant offers and recommendations.
11.2. The data collected may also be used for market research, statistical analysis, and reporting purposes.
12. Data Storage and Security:
12.1. We implement reasonable security measures to protect the collected data from unauthorized access, alteration, disclosure, or destruction.
12.2. While we strive to ensure the security of your data, please be aware that no transmission or storage method can be guaranteed to be 100% secure.
12.3. Data Sharing:
12.4. We may share the collected data with trusted third-party service providers, partners, or affiliates who assist us in operating our services, analyzing data, or delivering personalized content.
12.5. We may also share aggregated or anonymized data with third parties for research, marketing, advertising, or other legitimate purposes.
13. Legal Compliance:
13.1. We comply with applicable data protection laws and regulations governing the collection, use, and storage of personal information.
13.2. We may disclose your data if required to do so by law or if we believe such action is necessary to protect our rights, comply with a legal obligation, or respond to a government request.
14. User Rights:
14.1. You have the right to access, modify, correct, or delete your personal information held by us. Please refer to our Privacy Policy for more details on exercising your rights.
14.2. You may opt out of receiving marketing communications or targeted advertisements based on your spending habits by following the instructions provided in our communications or contacting us directly.
15. Amendments:
15.1. We reserve the right to modify or update these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions.
15.2. By continuing to access or use our services after any modifications or updates, you agree to be bound by the revised Terms and Conditions.
16. Contact Information:
16.1. If you have any questions, concerns, or feedback regarding these Terms and Conditions or our data collection practices, please contact us at the provided contact information in our Privacy Policy.
Please note that these Terms and Conditions are intended to provide a general overview of our practices regarding the collection of data on spending habits. For more detailed information, please refer to our Privacy Policy, which supplements these Terms and Conditions and governs our use of personal information.
Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
Backups
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Advertisements
During use of the Mobile Application, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Mobile Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to other mobile applications
Although this Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, One28 LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by One28 LLC or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with One28 LLC All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of One28 LLC or One28 LLC licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any One28 LLC or third-party trademarks.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will One28 LLC, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if One28 LLC has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of One28 LLC and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to One28 LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold One28 LLC and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any willful misconduct on your part.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States and European Union (EU). The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Mobile Application and its Services.
Contacting us
If you have any questions about this Agreement, please contact us.
This document was last updated on May 28, 2023
