These terms of use, together with any documents or links referred to in italics below, set out
the conditions upon which you may access and use the RJDJ website at www.rjdj.me and any
related domains (the “Site”), whether as a visitor to the Site or as a registered user. Please
read these terms of use carefully before you start to use the Site. By using the Site, you
accept these terms of use and agree to abide by them.
We may, at our discretion, make changes to these terms of use at any time. Any changes will
be posted on this page. In some instances, we may send an email to registered users
notifying them of a change to the terms of use. You should, however, check this page from
time to time to take notice of any changes.
If you do not agree to these terms of use, or you find any change to these terms of use
unacceptable, please refrain from using the Site. If you continue to use the Site, including
after a new set of terms has been posted, you will be deemed to have agreed to these terms
of use and accepted any changes to them.
1 About RJDJ
1.1 RjDj is a music-based software application designed for digital devices such as the
Apple iPhone and iPod Touch. RjDj uses sensory input to generate and control the
music you are listening to. The music that listeners hear is produced by digital
devices in the very moment it is listened to. Compositions are called “Scenes”.
Scenes define how the music reacts to sensory input. They can be recorded and
uploaded to user accounts on www.rjdj.me. Scenes are created using Pure Data
open source software and can be downloaded from the website RjDj.me.
2 ACCESSING THE SITE
2.1 The Site operates as a companion to our proprietary RJDJ software application and
interface (“RJDJ”) that is currently available for downloading and installing on your
iPhone. The Site contains information and news about RJDJ and allows you access
to the RJDJ community. The Site also contains several RJDJ ‘scenes’ which are
available for download to your device. These scenes consist of PureData and other
content designed to work in conjunction with RJDJ and are referred to in these Terms
of Use as “Scenes”.
2.2 Access to the Site and any available Scenes is permitted at our discretion and we
reserve the right to withdraw or amend the services we provide on the Site without
notice. We will not be liable if, for any reason, the Site is unavailable at any time or for
any period. From time to time, we may restrict access to some parts of the Site, or
the entire Site.
2.3 If you choose to register as a user on the Site, you represent and warrant to us that
you are [13] years old or above and that you have the capacity to understand, agree
to and comply with these terms of use.
2.4 We are not responsible for any arrangements necessary for you to have access to
the Site, nor any charges associated with such access. We shall not be responsible
for any connection or access to the Site by you, or the quality of the transmission of
any information passing between you and the Site.
2.5 Although the Site is maintained, controlled and operated by us mainly from the UK,
the community of RJDJ users operates around the world. We may also have
operations in other countries that operate via the Site from time to time. If you use the
Site from outside the United Kingdom, you are responsible for compliance with all
applicable local laws and regulations.
3 NON-REGISTERED USERS
3.1 As a non-registered user, you will only have access to certain parts of the Site. You
will not have the ability to download Scenes, contribute to the Site or be entitled to
other benefits of a registered user. If you want to participate in the RJDJ community,
you will need to register as a user.
4 REGISTERED USERS
4.1 You must be 13 or over to be a registered user and participate in the RJDJ
community.
4.2 To register and get involved in the RJDJ community, you will need to provide some
information about yourself. You must ensure that the information you provide is true,
accurate and complete. As part of the registration process, you will need to provide a
username and password. Once you become a registered user, you are solely
responsible for all acts or omissions that occur under your registered account,
including the content of any Material (as defined below) uploaded or submitted on the
Site. For this reason, you should make sure that you keep your password secure.
4.3 We may refuse to grant you a username at our sole discretion. Reasons for refusing
to grant you a username may include you choosing a username that impersonates
someone else, is or may be protected by trademark or other intellectual property law,
or is vulgar, offensive or otherwise inappropriate. Our decision on usernames is final.
5 UPLOADING MATERIAL TO THE SITE
5.1 Once you become a registered user, we may now or in the future give you the ability
to upload or submit material (including, without limitation, text, photographs, graphics,
Scenes, video or audio material and any underlying material) (the “Material”) to the
Site. Whenever you make use of a feature that allows you to upload Material to the
Site, or to make contact with other users of the Site, you must comply with the RJDJ
Standards in Section 6 below.
5.2 By submitting any Material to any area of the Site and in consideration of us making
available to you the opportunity to upload or submit Material to the Site (which you
acknowledge as a sufficient benefit to you), unless otherwise stated, you irrevocably
and unconditionally grant us a non-exclusive, worldwide, royalty-free licence
(including the right to sub-license) of the entire right, title and interest in and to such
Material so that we and any successor may, subject to these terms of use, use the
Material in any way, including (without limitation) the right to copy, edit, adapt,
reformat, translate, create derivative works from, incorporate into other works,
distribute, perform, play, commercialise and otherwise communicate such Material to
the public (whether in whole or in part, or copies of the same) in any format or
medium currently known or developed in the future, for the full period during which
such rights subsist (including all renewals, revivals, reversions and extensions of the
same) and thereafter to the fullest extent possible in perpetuity.
5.3 You will remain the owner of the copyright in any original Materials that you submit or
upload. Unless otherwise stated, you may continue to use the Materials in any way,
including allowing others to use it, provided such use does not interfere with or impair
the rights you have granted to us.
5.4 By submitting any Material, you represent, warrant and undertake to us that:
5.4.1such Material complies with the RJDJ Standards at Section 6 below;
5.4.2the Material you contribute is not recorded or copied from any existing licensed
sources, other than sources provided to you by RjDj. ;
5.4.3the Material is your own original work and you own the entire right, title and
interest in and to the Material and/or you have all necessary licences, rights,
consents and permissions to use, and to authorise us to use, any and all
intellectual property rights in such Material in the manner contemplated by
these terms of use.
5.5 When you upload Material to the Site, it will be available publicly. This means that
non-registered users can view your Material. We can choose whether or not to
include on the Site the Material you contribute. We can also position your Material
anywhere on the Site, as we choose in our sole discretion.
5.6 We have no obligation to check the accuracy of the Materials contributed by users,
nor to monitor any users’ use of the Site.
5.7 We have the right but not the obligation, in our sole discretion, to remove any Material
that is submitted or uploaded to the Site.
6 RJDJ STANDARDS
6.1 The Site is designed to operate as part of the RJDJ community. Consequently, we
have set simple standards for your use and enjoyment of the Site and all content and
Material on the Site, as set out in this Section 6. By accessing the Site, you agree not
to:
6.1.1 use the Site for any unlawful purposes or fail to comply with all applicable laws and
regulations;
6.1.2 access the Site and its contents for any commercial or similar purpose, including
advertising or selling any goods or services. The Site is provided for your own
personal and non-commercial use only;
6.1.3 upload or submit Material that is defamatory, obscene, pornographic, sexually explicit,
abusive, harassing, threatening or offensive, racially, ethnically or otherwise
objectionable or otherwise violates the rights (such as rights of privacy and publicity)
of others;
6.1.4 submit or upload Materials that are unlawful or promote or encourage illegal activity,
or that would violate the rights of others;
6.1.5 upload or submit any Material that infringes any patent, trademark, trade secret,
copyright, rights of privacy or publicity, or any other proprietary right of any party or
infringes any intellectual property law or that is otherwise not in compliance with any
applicable law;
6.1.6 submit Materials of any third party without such third party’s prior written consent;
6.1.7 submit Materials that falsely express or imply that such Materials are sponsored or
endorsed by us or the Site, or contain links to unsuitable or irrelevant website
addresses, such as pornographic or commercial sites;
6.1.8 impersonate another person or create a false or misleading identity for the purpose of
misleading others as to your identity, or to collect information about other users;
6.1.9 collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display
any material, data or information, whether personally identifiable or not, posted by or
concerning any other use in connection with your Material or in connection with your
use of the Site, unless you have obtained the express, prior written permission of
such other person, firm or enterprise to do so;
6.1.10 conduct or forward surveys, contests, pyramid selling schemes or chain letters;
6.1.11 submit any material or do anything that results in the transmission of junk email,
chain letters, duplicative or unsolicited messages or spamming or phishing;
6.1.12 harvest, obtain or use other users’ personal data (including email addresses) for
purposes other than making contact with them to the extent that may reasonably be
expected to be welcomed by such other users;
6.1.13 upload or submit any Material containing any virus, corrupt file, worm programme or
other malicious code designed to interrupt, destroy or limit the functionality of or
disrupt any software, hardware, telecommunications, networks, servers or other
equipment, nor any adware, spyware, malware, Trojan horse or any other material
designed to damage, interfere with, wrongly intercept or expropriate the Site or any
part of it or any data or personal information;
6.1.14 copy, adapt, alter or create a derivative work from any content on the Site;
6.1.15 interfere with another user’s use and enjoyment of the Site or use the Site in any
other manner that could damage, disable, overburden or impair the Site.
7 INDEMNITY
7.1 You shall indemnify and keep us and any of our officers, directors, employees,
shareholders, agents, representatives, licensors, suppliers and operational service
providers fully and effectively indemnified from and against any and all claims,
actions, proceedings, demands, damages (actual and consequential), losses,
liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or
reasonably incurred by us as a result of, or in connection with, your access to and
use of the Site or conduct other than in accordance with these terms of use or any
applicable law or regulation.
8 PRIVACY POLICY
8.1 We collect and process information about you in accordance with our Privacy Policy
at www.RjDj.me/legal/privacy. You must read and accept the terms of our Privacy
Policy before using the Site. By using the Site, you consent to such collection and
processing and you warrant that all data provided by you is accurate.
9 HOW TO MAKE A COMPLAINT OR REPORT COPYRIGHT INFRINGEMENT
9.1 You can report abuse or complain about content or Materials on the Site by sending
an email with the url of the site to report at rjdj.me.
9.2 If you are a rightsowner and believe that any Material infringes your copyright, you
must give us notice by sending a written statement including the information set out
below, in the same order as set out below:
a)that you are the rightsowner or are authorised to act on the rightsowner’s behalf;
b)that you have identified Material or other content on the Site that infringes your
copyright (or infringes the copyright of a third party on whose behalf you are
entitled to act, if applicable) and you believe in good faith that use of the
Material or content in the manner complained of is not authorised by you or
the rightsowner’s agent or by law;
c)a description of the copyright work that you claim has been infringed, which should
include the type of work (such as a photograph or a sound recording) and
any relevant further details (such as the title and date of publication, as
applicable);
d)a description of the way in which the copyright material has been infringed;
e)information reasonably sufficient to enable us to locate the Material in question on
the Site (including a URL and/or screen shot);
f)information that will enable us to contact you, such as your name, a postal address,
telephone number and, if available, an email address (these will also be the
contact details that we will provide to the alleged infringer so that they may
contact you directly, in order to attempt to resolve the complaint); and
g)that the information in the notification is true and accurate.
Completed statements should then be sent to
Reality Jockey Ltd.
5 New Street Square
EC4A3TW London
UK
This ‘notice and takedown’ process is regulated by law. There may be negative
consequences if you falsely allege copyright infringement or send a copyright
infringement notice to us in bad faith. We suggest that you take legal advice before
sending a copyright infringement notice, particularly if you are unsure about your
rights in the Material, or whether there has been an infringement of your rights.
9.3 If you believe that we have removed Material that you have uploaded to the Site in
error, you may send a written counter-notice including the information set out below,
in the same order as set out below:
a) details of the Material that has been removed or to which access has been
disabled;
b) information reasonably sufficient to permit us to identify where the
Material in question had been located on the Site (including a URL
and/or screen shot);
c) a statement that you believe in good faith that the Material that you have
identified has been removed by mistake and your reasons for
believing this;
d) information that will enable us to contact you, such as your name, a postal
address, telephone number and, if available, an email address
e) a statement that you agree to be contacted by the person (or an authorised
representative of such person) who gave us the notice in the first place.
Completed counter-notices should then be sent to
Reality Jockey Ltd.
5 New Street Square
EC4A3TW London
UK
9.4 We have the right to disclose your identity to any third party who is claiming that any
Material posted or uploaded by you to our site constitutes a violation of their
intellectual property rights, or of their right to privacy or any other law.
10 LINKS
10.1 The Site may contain links to other sites and resources provided by third parties.
These links are provided for your information only. We have no control over the
contents of those sites or resources and we accept no responsibility for them.
11 LINKING TO OUR SITE
11.1 You may link to our home page at www.rjdj.me on strict condition that you do so in a
way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
11.2 Links to the Site do not imply that we endorse, are affiliated with, or are associated
with any linked site or that any linked site is authorised to use any of our trade marks,
trade names, brands, logos or copyright symbols or those of any of our affiliates or
licensors.
12 TERMINATION OF USE
12.1 We reserve the right in our sole discretion at any time without liability and with or
without prior notice to you:
(a) to revoke your status as a registered user or prevent you accessing the Site;
(b) not to post any Material on the Site;
(c) to remove or suspend or disable access to any Materials;
(d) to use any technological, legal, operational or other means available to enforce
these terms of use, including (without limitation) blocking specific IP addresses or
deactivating your registration and/or user name and password, where applicable.
12.2 You can terminate your status as a registered user at any time by sending an email to
report at rjdj.me, using your email address which is registered with rjdj. The email
must contain your rjdj username and the sentence “please remove me from the rjdj
user base”. [This will remove your profile and other personal information from view
and prohibit you from accessing the Site as a registered user. Once your registration
is terminated, we will have the right to delete your account and any related Material
that you have submitted or uploaded.]
12.3 The following sections shall survive any termination of your membership: Sections 5,
6, 7, 18, 19 and 20.
13 INTELLECTUAL PROPERTY
13.1 All information, data, text, graphics, logos, designs, documents, images, pictures,
photographs, videos, software, code, interactive features, advertisements or other
content, services or materials (or any part of them) on the Site are protected by
copyright, trade marks, database rights and other intellectual property rights and are
owned by or licensed to Reality Jockey Limited or are otherwise used by us as
permitted by applicable law or regulation. Nothing contained in these terms of use
shall be construed as conferring by implication, estoppel or otherwise, any licence or
right for you to use the same other than as permitted in these terms of use.
14 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
14.1 THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU USE
THE SITE AT YOUR OWN RISK. THE CONTENT DISPLAYED ON THE SITE IS
PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS
TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE, OTHER
MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES
CONNECTED TO US EXPRESSLY EXCLUDE:
a)ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT
OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF
EQUITY.
b)ANY LIABILITY INCURRED BY ANY USER IN CONNECTION WITH THE SITE
OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF
THE USE OF THE SITE, ANY WEBSITES LINKED TO IT AND ANY
MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY
LIABILITY FOR:
i. LOSS OF INCOME OR REVENUE;
ii. LOSS OF BUSINESS;
iii. LOSS OF PROFITS OR CONTRACTS;
iv. LOSS OF ANTICIPATED SAVINGS;
v. LOSS OF DATA;
vi. LOSS OF GOODWILL;
vii. WASTED MANAGEMENT OR OFFICE TIME; AND
viii. FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER
ARISING AND WHETHER CAUSED BY TORT ( I N C L U D I N G
NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE
WHETHER ARISING DIRECTLY OR INDIRECTLY.
14.2 This does not affect our liability for death or personal injury arising from our
negligence, nor our liability for fraudulent misrepresentation or misrepresentation.
14.3 We do not warrant that the Site will be uninterrupted or error free, that defects will be
corrected or that the Site or the server that makes it available are free of viruses or
bugs.
14.4 We expressly disclaim any and all responsibility and liability for the conduct of any
other user of the Site, and expressly disclaim any liability for Materials submitted or
uploaded by other users.
15 GENERAL
15.1 If, for any reason, any of these terms are determined to be illegal, invalid or otherwise
unenforceable by a court of competent jurisdiction, then to the extent that term is
illegal, invalid or unenforceable, it shall be severed and deleted from these terms of
use and the remaining terms of use shall survive, remain in full force and effect and
continue to be binding and enforceable.
15.2 No failure or delay by us in exercising any right, power or privilege under these terms
of use shall operate as a waiver of such right or acceptance of any variation of these
terms of use and nor shall any single or partial exercise by either party of any right,
power or privilege preclude any further exercise of that right or the exercise of any
other right, power or privilege.
15.3 These terms of use set out the entire agreement and understanding between us and
you and supersedes all previous agreements, representations and arrangements
between us, whether oral or written. Nothing in this Section shall limit or exclude any
liability for fraudulent misrepresentation.
15.4 Except for our group companies, who are express and intended third party
beneficiaries of these terms of use and may enforce any of its terms and exercise any
of the rights to the same extent as Reality Jockey Limited, nothing in this Agreement
shall confer or purport to confer on any other third party, any benefit or the right to
enforce any term of this Agreement and The Contracts (Rights of Third Parties) Act
1999 shall not apply to these terms of use.
15.5 These terms of use are governed by English law and the English courts will have
exclusive jurisdiction over any claim arising from, or related to these terms of use
and/or a visit to the Site.
16 ABOUT US
www.rjdj.me is a site owned and operated by Reality Jockey Limited.
We are registered in England and Wales under company number 6541300.
Our registered office is at 5 New Street Square, London EC4A 3TW.
We can be contacted via our email address at info at rjdj.me].
Last updated: March 2009
