Shejay Terms & Conditions
 

These terms and conditions of Shejay in conjunction with the our Privacy Policy and Website Terms, govern your rights and obligations, and those of Shejay in relation to the services offered by Shejay through our web site. Please take some time to read through these terms and conditions. By signing up to or using the Shejay web site you accept and agree to be bound by these terms and conditions.

DJ / ARTISTS USER AGREEMENT

Shejay.net is an online booking agency and community portal for female DJs and Artists in electronic music to network, promote themselves, and gain industry exposure. Female DJs and Artists may post an Artist Profile for promotion on Shejay's Artists Pages. Shejay also serves as a community run online magazine which allows Users to publish useful information and news about the music industry.

Before joining or using the Shejay website you must agree to the Terms & Conditions:

By joining Shejay's DJ/Artist roster you agree to be a part of the Shejay community. If you wish to be a member of this community and make use of Shejay's pages to host your promotional profile, add links to your music and mixes, and promote yourself, you agree to:

  • Maintain an inoffensive, professional looking profile which includes a professional, complete biography and information on yourself as a professional DJ. (Shejay reserves the right to remove unprofessional or offensive DJ/Artist profiles without notice and without liability)
  • Receive email announcements and updates on the progress of Shejay and its community including regular updates, quarterly issue launches and any promotional information that affects you as an Artist and the Shejay community.
  • Use this profile page for your individual and personal DJing purposes, and not for the
    promotion of an organised business or company
  • Show an effort to adhere to the requirements of being a part of the roster to the best
    of your ability. You may find additional suggestions for maintaining an active profile
    here: http://www.shejay.net/join.php.

Failure on the part of the DJ/Artist or user to adhere to the above requirements could result in the suspension of the Artist/DJ or users account. Shejay reserves the right to suspend or delete any Artist/DJ or user profile at any time and without notice.

Users must be aware that all details posted on their Artist Profile Page are open to the public and subject to the invasion of personal privacy. Please choose cautiously the information you post on Shejay.net and provide to other Users or to outside parties. Shejay strongly advises that your Shejay.net Artist Profile does not include the following items: personal email addresses, telephone numbers, street addresses. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Shejay Users (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services and Shejay assumes no responsibility or liability for this
material.


Occasionally, DJs and Artists may be contacted through the Shejay website by outside parties for engagements or to provide entertainment services for offline events. By participating in any offline events involving or originating from Shejay, you agree to release and hold Shejay harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Shejay event or event relating to Shejay.

All DJ / Artists have the opportunity for Shejay to manage incoming booking requests that come to them via the Shejay website. Should the artist choose to do so, the artist may list their booking contact address as booking(at)shejay.net this will be for the purposes of DJ/ Artist engagements only. By using this email address, the User agrees to let Shejay intercept the contact and deliver the message to the User at their discretion. However, Shejay may not be held liable for any losses, damages, death or personal injury as a result of contact between the outside party and the DJ, Artist or User during any engagements or events negotiated through Shejay or through continued contact with the outside party and the Artist/DJ or user.

By placing a profile in the Shejay.net website, the DJ/Artist appoints Shejay and Shejay accepts appointment as DJ/Artist's non-exclusive booking agent throughout for the particular engagement(s), in question. Shejay agrees to assist the negotiation of the terms of an engagement on behalf of the Artist but shall not be authorised to enter or to sign any agreement with third-parties on the DJ/Artist's behalf or to enter into agreements with the DJ/ Artist on behalf of third-parties.

Usernames and passwords
Each User will receive a username and password to use and administer their Artist's profile.
These are not to be made public knowledge. The User is responsible for all access to their
Shejay User profile and use of Shejay website utilizing the User names and passwords.
If it is suspected that a password has been made public, then Shejay reserves the right to
change the password and e-mail the new one to the User. Repeated infractions may result in
account suspension. Users may change their password as needed by modifying the password
themselves. If a User has forgotten his/her password, then that User must request their
forgotten password via the Shejay website by confirming their email address. If the User has
forgotten the email address used for their profile, the User may then contact the Shejay via
email in order for us to remind or reset the login information.

Changes to the website and key service issues
The User acknowledges and accepts that Shejay may from time to time alter any aspect of the web site, or any of the services, features or products provided through the web site, as it thinks fit and without notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration. Shejay reserves the right to e-mail Users at the e-mail address provided to Shejay by Users regarding any key service issues and it will be presumed that such e-mails will have been read. Shejay may
run automated searches for abuse of its services and Users are deemed to have accepted this limited intrusion into their Shejay accounts.

DJ / Artist User conduct
The User warrants that in its use of the web site and services it shall:

  • Not, beyond normal use, act in any manner which negatively impacts on the image or
    network of Shejay or is likely to lower Shejay's quality or brand image in the larger
    internet community.
  • Use the web site only for lawful purposes, and in a manner which does not infringe
    the rights of, or restrict or inhibit the use of the web site by any third party
  • Not engage in any conduct which is unlawful, or which may harass or cause distress
    or inconvenience to any person.
  • Not upload, post, transmit or distribute any material or information in which the User
    does not own or has license to the intellectual property rights, or any material which
    is in any way unlawful or which is potentially harmful, threatening, abusive, libelous,
    pornographic or otherwise obscene, or racially or ethically or otherwise objectionable;
    and
  • Not upload, post, transmit or distribute any material or information which contains
    a computer virus, or other code, files or programs intended or having for effect to
    disrupt, crash, or otherwise adversely affect the operation of the web site, services, or
    of other Users' computer systems.
  • Not upload, deliver or provided links to content that shall give rise to liability to
    third parties AND in this regard but without limitation the User makes specific
    acknowledgment of the importance of respecting the copyright of others.
  • Be solely entitled to use the professional name referred to in the User's Shejay's
    profile and any other professional name now or subsequently utilised by the User in
    connection with the Shejay's website.
  • Be aware that in using Shejay, Users may travel over other networks or be involved in
    the use of other services. Users understand that they will be bound by the Terms and
    Conditions imposed by the operators of these networks and services.
  • Respect Shejay and their staff, Users may not criticize, swear at, or otherwise verbally
    abuse Shejay's staff, volunteers or other users. Users understand that if they do, their
    services may be cancelled, without no refunds being applicable.

Music Rights & Copyright
Shejay allows Artists/DJs and users to post third party links to their original music and mixed
CDs for promotional use only on the Shejay site. Artists/DJs or users agree that the rights and
copyright to any music content posted via the Shejay website are:

  • owned by the Artist/DJ or appropriately licensed in respect to samples that may
    require clearance before a final mix of the music is uploaded, streamed from the third
    party website or linked to from the Shejay website.
  • used strictly for the purposes of promotion and are not for sale or profit.
  • Shejay holds no accountability or responsibility for the use of music links hosted on a
    third party server via the Shejay site.
  • Any decision made by Shejay with regards to a User's failure to comply will be final and all
    cases will be considered individually upon their merits.

Indemnity

The User hereby indemnify save and hold Shejay and any person, firm, or corporation
deriving rights from us harmless from any damages, liability, loss, or cost (including
reasonable legal fees) incurred as a result of a breach by User of their warranties or

representations hereunder where such damage arises from a final judgement by a court of
competent jurisdiction. Shejay shall be entitled in the event of any written claim being made
against us as a result of you breach of this Agreement to withhold all sums becoming due to
the User up to an amount reasonably commensurate with out potential liability pursuant to
such claim.

Effect or failure to comply

In addition to the indemnity above, failure to comply with any Terms and Conditions may
find the User being subject to, but not limited to:

  • Suspension or removal of the User's profile or information.
  • Termination of a User's Services of Shejay.
  • A kick or ban from Shejay's website (the length of the ban to be determined by the
    Administrator)

VISITOR / GENERAL USER AGREEMENT (also binding on DJ/Artists)

Computer and Telecommunications Faults
The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the web site is not available to the User) for the purposes of repair, maintenance and upgrading. Accordingly Shejay does not guarantee uninterrupted availability of the web site, but it shall make reasonable effort to minimize any periods during which the web site is not available. The User accepts that he or she shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Copyright and Other Intellectual Property Rights
The User acknowledges that all copyright, trademarks (registered or unregistered), know- how, design rights (registered or unregistered) and all other intellectual property rights in the material, the web site and the services shall belong to Shejay and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the web site, or for approved affiliates of Shejay Ltd, no copying, distribution, modification of the web site or any material is permitted. Resale or supply of any material is expressly prohibited. The User acknowledges that certain material is supplied under license and that the intellectual property rights in such material are owned by the licensor. Neither Shejay nor the licensor will be responsible for any errors or corruption in the material provided.

Rules Relating To Communication
Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable material. This includes (but is not limited to) text, graphics, video, programs or audio material or programs of any kind. Shejay accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which, in its opinion, is in breach of these Terms and Conditions. Users shall not advertise any products, services or refer to specific web site addresses without obtaining consent of Shejay Ltd. Users will only post material
which they own in copyright or have license to post and must not infringe the rights of any third party including (but not limited to) copyright, trade mark, trade secret, privacy or publicity rights. As a User, you agree to indemnify Shejay against any damages, loss, costs or expenses arising from any posted material, including but not limited to any claim by any third party that such use infringes its intellectual property rights.

Miscellaneous

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
    Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • This website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Limitation of Liability
IN NO EVENT WILL SHEJAY LTD UK / SHEJAY INC USA BE LIABLE TO USERS FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES SHEJAY LIMITED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE SHEJAY LIMITED FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF SHEJAY LIMITED'S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF SHEJAY'S WEBSITE SERVICES. WHILE SHEJAY TAKES REASONABLE CARE TO ENSURE THAT THIS WEBSITE AND THE MATERIALS THAT ARE MADE AVAILABLE FOR YOU TO DOWNLOAD ARE FREE FROM ANY COMPUTER VIRUSES, SHEJAY WILL NOT BE HELD RELIABLE IF ANY OF THE MATERIALS YOU DOWNLOAD

FROM THIS WEBSITE ARE AFFECTED BY A VIRUS. BEFORE DOWNLOADING FILES FROM THE INTERNET, YOU SHOULD USE A SUITABLE VIRUS CHECKER TO CHECK FOR YOURSELF THAT THE MATERIALS ARE VIRUS FREE. SHEJAY WILL NOT BE HELD LIABLE FOR ANY SPAM OR UNWANTED EMAIL MESSAGES
OR CONTACT MADE TO USERS FROM AN OUTSIDE PARTY OR THE GENERAL PUBLIC IF THE USER PUBLICLY EXPOSES THEIR CONTACT DETAILS ON THEIR PROFILE PAGE. SHEJAY WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND INCLUDING BUT NOT LIMITED
TO PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM A USER'S PARTICIPATION IN SHEJAY'S WEBSITE SERVICES, OR IN ANY SUCH OFFLINE SHEJAY EVENT OR IN ANY ENGAGEMENTS ARISING FROM YOUR PERSONAL PROMOTION ON
SHEJAY.

Indemnification
The User agrees to indemnify, defend, and hold harmless Shejay, its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including without limitation, reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of User's representations, warranties, or agreements hereunder; (ii) arises out of the gross negligence or wilful misconduct of User's; or (iii) any of the User's content to be provided by User hereunder or other material on the web sites infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents,
copyrights, trademarks, trade secrets, and/or licenses.

Arbitration
Any dispute, controversy, or claim arising out of, or related to the interpretation of this contractual agreement will be resolved by an agreed professional arbitrator. Unless otherwise agreed by the parties, the dispute will be conducted as an e-mail/desk hearing in accordance with the rules of commercial arbitration of the arbitrator, and the decision of the arbitrator shall be binding and shall be deemed final. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof. The arbitration award may include reasonable fees and expenses of arbitration. Neither party is stopped from seeking relief from the traditional courts should the party wishes to do so.Unless otherwise agreed, all disputes will be decided pursuant to, and in accordance with, the laws of the UK.

Acceptance of Terms
In using any Shejay Service, including but not limited to being anonymous or as a User, the User agrees to be bound by these Terms and Conditions. Failure to accept these Terms and Conditions means User does not have permission to access the contents of the web site and associated services and he/she should cease the use of these immediately.

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