Terms & Conditions

Acceptance of terms

This Agreement sets forth legally binding terms for your use of Bangerz Army. By using Bangerz Army, you agree to be bound by this Agreement, whether you are a “Visitor” (you simply browse Bangerz Army website) or a “User” (you have registered and purchased a subscription or product). If you do not accept the terms of this Agreement, you should leave Bangerz Army websites and discontinue use of the platform immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Bangerz Army.

You represent and warrant that all registration information you submit is accurate and truthful, and that your use of the website does not violate any applicable law or regulation. The Company may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time.

Eligibility

You may use the platform and services only if you can form a binding contract with Bangerz Army, and only in compliance with these terms and all applicable local, state, national and international laws.

The use of this website for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.

The services may not be available to any Users previously removed by Bangerz Army. By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder.

Bangerz Army

Bangerz Army offers through this website:

• Subscription-based digital music for professional DJs
• Clothing
• Audio & marketing services

Bangerz Army is a LEGAL MP3 music resource for professional DJs only (radio, club and mobile). Bangerz Army is a registered company that operates websites, provides DJ records, gear, clothing, music consulting, artist promotion and provides digital records primarily for music industry professionals. Our digital record pool (“Service”) will deliver promotional music and information (“Material”) regarding artists and labels through our website worldwide, primarily to authorized music industry and non-broadcast/non-resale professionals and promoters.

Digital music will be available once payment has been made. Library access is immediate. If you have problems listening to the music, please contact us through the contact information.

Placing an order (subscriptions and products)

When you place an order for a subscription or product, you are offering to buy the subscription or product for the advertised price declared on the website. Please check the price and characteristics of the subscription or product before placing an order.

When a website user with the intent to purchase a subscription or product places an order online, Bangerz Army will send that user an email to confirm the order has been received. Bangerz Army may cancel any sale and not supply services if it is reasonable to do so, and may change or discontinue the availability of the subscriptions or products at any time at its sole discretion. If an order is cancelled, any payment made for the subscription or products will be refunded in full. This does not affect your statutory rights.

Automatic renewal

Subscriptions may include automatic recurring payments for periodic charges. You authorize Bangerz Army to renew your subscription and to be charged periodically and progressively. The Subscription Billing Date is the date when you purchase your first subscription. Your account will be charged automatically on the Subscription Billing Date for all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing of the next periodic Subscription Fee.

Prices

Bangerz Army reserves the right to determine pricing for subscriptions and products. Bangerz Army will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Bangerz Army may change the fees for any subscription, including additional fees or charges. Bangerz Army, at its sole discretion, may make promotional offers with different features and different pricing to any of Bangerz Army users.

Payments

All payments to Bangerz Army are handled securely. Subscriptions and products are paid through Stripe (the payment platform available on Bangerz Army). Payment will be debited from your credit card or debit card immediately on you placing the order for the subscription or product. Upon processing a transaction, we will issue you with an electronic transaction receipt sent to the email address you provide.

The subscription will be active and will show when the next payment date is. You can cancel the subscription at any time.

Refunds

The “Satisfied or Refunded” period is 30 days after the first purchase.

Licence to use the website

Bangerz Army gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by Bangerz Army as part of the services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Bangerz Army, in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

The User agrees not to use the platform and the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Bangerz Army website or third parties.

Account opening

To access and make use of the services available on the Bangerz Army website, you must first create an Account with a username and password. You may not share your password with anyone. You must always provide accurate, current and complete information to Bangerz Army. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the platform through your Account will be deemed as being used by you. Your account is non-transferable and non-assignable.

If you open an Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these terms.

You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Bangerz Army your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page.

Account and security

If you register on Bangerz Army website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bangerz Army of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Bangerz Army.

Account deletion and termination

Users may terminate their Accounts any time, for any reason, by following the instructions on Bangerz Army. That termination will only result in the deletion of the Account and the deletion of all the personal data granted to Bangerz Army.

Bangerz Army reserves the right to terminate your Account or your access immediately, with or without notice to you, and without liability to you, if Bangerz Army believes that you have breached any of these terms, furnished Bangerz Army with false or misleading information, or interfered with use of the platform, website or the service by others.

Third-party materials

“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licences, and may only be used as permitted by such terms and licences.

Resale of services

Users may not resell any portion of the content or the functionality of the platform to any other party without prior written permission from Bangerz Army, which may be granted or withheld in Bangerz Army’s sole discretion.

Copyrights

All content included on this website (text, graphics, logos, button icons, images, video, data compilation, and software) is the property of Bangerz Army, its merchants, or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of Bangerz Army and protected by UK and international copyright laws. All software used on this site is the property of Bangerz Army or its software suppliers and protected by UK and international copyright laws.

You have no authorization to copy, transmit, distribute, display, republish, post, or upload from our website in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site’s content strictly for personal use only.

The music works licence

1. Who is this licence for?

Our licence offers coverage for download services (from MP3 to high definition) and streaming services for Worldwide Professional DJs.

2. Which countries does the licence cover?

Our licence is multi-territory and covers the following countries in the European Economic Area (EEA) including Switzerland and the United Kingdom, Central and Eastern Europe (CEE) and the Middle East and North Africa (MENA): France, Switzerland, Belgium, United Kingdom, Germany, Italy (incl. Vatican City), Spain, United Arab Emirates, Ireland, Sweden, Channel Islands, Cyprus, Gibraltar, Malta, Andorra, Austria, Denmark, Estonia, Finland, Greece, Iceland, Latvia, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway, Portugal, San Marino, Afghanistan, Albania, Algeria, Bahrain, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Djibouti, Egypt, Hungary, Iran, Iraq, Israel, Jordan, Kosovo, Kuwait, Lebanon, Libya, Lithuania, Macedonia, Mauritania, Montenegro, Morocco, Oman, Pakistan, Palestine Territories, Poland, Qatar, Romania, Saudi Arabia, Serbia, Slovakia, Slovenia, Somalia, Sudan, Syria, Tunisia, Turkey, Western Sahara, Yemen.

3. Which rights are included in the licence?

When music is made available to stream or download online, there are a number of rights exploited that need to be cleared by way of a licence.

• Mechanical rights are exploited any time a copy of a work is made, for example where a song is downloaded, or temporarily cached for streaming.
• Communication to the public (also known as performing) rights are exploited whenever a work is transferred digitally to a user, for example when a work is streamed or transferred digitally to be stored as a download.

Our licence includes the mechanical and performing rights.

4. What is the Core repertoire?

Our Core repertoire is the repertoire licensed directly on a multi-territory basis, as an agent for several rightsholders. This generally includes the repertoire of PRS, GEMA, STIM, IMRO, MCPS, independent publishers that have joined up with PRS’ multi-territory initiative, as well as additional publishers directly affiliated with ICE (Peer, Downtown and Concord). In addition, through reciprocal agreements with collection societies around the world, GEMA, PRS, STIM, IMRO and MCPS are able to offer residual blanket repertoire in their home territories (UK, Ireland, Germany, Sweden, Malta, Cyprus and Gibraltar) which is also licensed directly.

Copyright complaints

Bangerz Army respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Bangerz Army website infringe upon your copyright or other intellectual property right, please send us:

• Identification of the intellectual property right that is allegedly infringed (with relevant registration numbers, or a statement of ownership).
• A statement specifically identifying the location of the infringing material with enough detail that Bangerz Army may find it on the Bangerz Army site (a top-level URL is not sufficient).
• Your name, address, telephone number and e-mail address.
• A statement that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner, its agents, or by law.
• A statement, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner.

User content

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, and mixshow DJs. Information provided by potential users shall be verified. Upon verification, the user will have access to the Bangerz Army Service. Users shall be required to have and maintain an e-mail address on file with Bangerz Army.

Certain features of the website may permit users to upload content, including social media posts and other content (“User Content”) and to publish User Content on the website. You retain any copyright that you may hold in the User Content that you post to the website. Nevertheless, we need certain permission from you in order to publish the content.

Licence grant to Bangerz Army

By providing User Content to or via the Service, you grant Bangerz Army a worldwide, non-exclusive, royalty-free, fully paid right and licence (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. In any case the licence would be extended to REMIX, EDIT or SHARE the materials. All our files are registered and/or digitally watermarked. In the event that we (or one of our partners) find a copyright infringement, you will be directly exposed to legal actions.

User content representations and warranties

Bangerz Army disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant that:

• You are the creator and owner of the User Content, or have the necessary licences, rights, consents and permissions.
• Your User Content does not infringe any third-party right (including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right).
• Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
• Your User Content does not and will not contain hateful content, a threat of physical harm, or harassment.

User content disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Bangerz Army may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive any legal or equitable right or remedy you have or may have against Bangerz Army with respect to User Content. Bangerz Army does not permit copyright-infringing activities on the Service.

Content review

Bangerz Army does not control and does not have any obligation to monitor User Content, content made available by third parties, or the use of the Service by its users. You acknowledge and agree that Bangerz Army reserves the right to monitor any and all information transmitted or received through the Service for operational and other purposes. Bangerz Army assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.

Accuracy and timeliness of information

We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as professional advice. Any use of the material provided on this website is at your own risk.

Prohibited activities

The content and information available on the website (data, text, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content, is proprietary to Bangerz Army or licensed to Bangerz Army by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. You also agree not to:

• Use the services or content for any commercial purpose outside the scope explicitly permitted under this agreement.
• Use any robot, spider, scraper or other automated means to access or copy the Services without our express written permission.
• Violate the restrictions in any robot exclusion headers on the Services or bypass measures employed to prevent or limit access.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the Services without our express written permission.
• Frame, mirror or otherwise incorporate any part of the services into any other website without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Bangerz Army.
• Circumvent, disable or otherwise interfere with security-related features of the Services.
• Download any content unless it is expressly made available for download by Bangerz Army.

Disclaimer of warranties

Bangerz Army will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services. Because of the nature of the Internet, Bangerz Army provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under our control and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

These terms do not affect your statutory rights as a consumer. To the maximum extent permitted by law, Bangerz Army excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss.

Bangerz Army and third parties

Bangerz Army contains content of third-party licensors, which is protected by copyright, trademark, patent, trade secret and other laws. Bangerz Army owns and retains all rights, title and interest in the Content. Bangerz Army hereby grants to you a limited, revocable, non-sublicensable licence to stream and/or view the Content and any third-party Content located on or available through Bangerz Army or Service, solely for your personal, non-commercial use.

Any dealings with third parties included within or on Bangerz Army involving the delivery of and payment for goods and services are solely between you and that third party. Bangerz Army is neither responsible nor liable for any part of such dealings.

Non-commercial use

The services and use of the platform may not be used in connection with any commercial purposes, except as specifically approved by Bangerz Army. Unauthorized framing of or linking to any of Bangerz Army is prohibited.

Security components

You understand that Bangerz Army and software embodied within Bangerz Army may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Bangerz Army and/or content providers who provide content to Bangerz Army platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Bangerz Army.

Our downloads are unlimited but we have an Anti-Hacker/Leech system that blocks downloads if they are done in a very short amount of time. This limit is just temporary and most of the time access to downloads is back a few days after.

Electronic communications

No responsibility will be accepted by Bangerz Army for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections or availability, for the acts or omissions of any service provider, internet accessibility or availability, or for traffic congestion or unauthorized human acts, including any errors or mistakes.

Indemnification

You agree to defend and indemnify Bangerz Army from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this Agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the Bangerz Army website, platform and services.
• The purchase of subscriptions and products.

Changes and termination

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.

Personal data

Any personal information you post on or otherwise submit in connection with the Services and the use of the platform will be used in accordance with our Privacy Policy. Our Privacy Policy is written according to the UK Data Protection Act and the GDPR.

Assignment

This Agreement and any rights and licences granted hereunder may not be transferred or assigned by you, but may be assigned by Bangerz Army without restriction.

Integration clause

This Agreement, together with the Privacy Policy and any other legal notices published by Bangerz Army, shall constitute the entire agreement between you and Bangerz Army concerning, and governs your use of, the platform and website.

Disputes

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Bangerz Army website, will be settled by binding arbitration between you and Bangerz Army, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Bangerz Army are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding.

Headings

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.

Final provisions

These Terms are governed by the law of the UK. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision in the future.

Any rights not expressly granted herein are reserved.

Contact

Please contact Bangerz Army with any questions regarding this Agreement at [email protected].