- “Application” is the SKUFLER Service application developed by SKUFLER Ltd.
- “API” is any application program interface (API) setting of routines, protocols, and tools necessary to integrate with Third Parties existing applications/software.
- “Brand” a company’s trademark and distinctive name
- "Content" or “Contents” means any text, images, photos, audio, video, sound recording, narration, playlists and any music compilations in general, information related to songs, artists, songwriters, composers, etc. and any other material not mentioned in the present definition.
- "Your Content" means any content that you submit, upload, share and post through SKUFLER Service, such as the Content described above, your location, your personal information, any passwords, any message, chat messages, etc. on or through the SKUFLER Service and the Site.
- "User Content" means Content that our Users submit or upload through the SKUFLER Service including Your Content.
- "Our Content" means Content that we or our Users create and make available on the SKUFLER Service or the Site.
- "Third Party Content" means any Content that is made available on the SKUFLER Service and Site by parties other than Us or our Users.
- “SKUFLER Service Content” and "Site Content" means all of the Content that is made available on or through the SKUFLER Service and Site, including Your Content, User Content, Third Party Content, and Our Content.
- “Device” or “Devices” are the cell phones, tablets and personal computers where the SKUFLER Service is installed
- “iOS” is the mobile operating system created and developed by Apple Inc. exclusively for its devices hardware.
- “License” is the right we provide you to use the SKUFLE Service
- “Site” is the SKUFLER Lt. website: www.skufler.com
- “SKUFLER”, “We,” Us,” and “Our” are referring to SKUFLER Ltd. and SKUFLER Service, as appropriate
- “SKUFLER Service” or “Service” is the SKUFLER Application, its functions including all Contents
- “Third Party Services” are any Third Party applications, websites, and services
- "User", “you”, “your” and “yours” is any individual or any Disc Jockey (“DJ”) who accesses, browses, crawls, scrapes, downloads, creates, or in any way uses the Site, the SKUFLER Service and the Contents. A User may be characterized as professional Disc Jockey when a Venue Owner accredits him as such for his venue and selects to purchase and reproduce his Content(s) within his venue.
- “Venue/Place” or “Venue” or “Place” is either a real venue/place or a digital entity representing an entertainment facility
- “Venue Owner“ and/or “Place Owner” is a person or entity that owns a venue where – including other services – images, photos, audio, video and other forms of entertainment may be available to USERs.
- Unless otherwise specifically provided by us, our license to you under these Terms is personal to you and allows you to access and use the Application and the Service only on the Device on which the software is installed. The license is not transferrable to another person or another Device.
- A connection to internet for mobile through WiFi or a third generation (3G) mobile technology is highly recommended.
- SKUFLER Service and Contents, all SKUFLER trademarks, service marks, trade names, logos, domain names, and any other features SKUFLER are the sole property of SKUFLER Ltd. or its licensors (if any).
- In order to create a User account in SKUFLER Service and access our Content, you need to be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements. You must have the authority and must be entitled to enter into this Agreement, which, upon its execution hereof, will constitute a legal, valid and binding obligation enforceable against it in accordance with the terms hereof. You are committed and confirm that all information you have submitted to SKUFLER Service during your registration is true, accurate, complete and you promise that in the event of any changes you will keep it updated all times.
- SKUFLER is currently available only in iOS software.
3. Usage Policy
- You are solely responsible for any Content or other materials you post, share or display through our Service and we have NO liability of the said Content in the event of any intellectual property infringement and we reserve the right to monitor, review, delete, modify or edit all Users’ Content and at our sole discretion we have the right not to publish any User Content that we consider that is violating applicable laws, intellectual property rights, our Agreements and are interfering with other Users personal data. We have the right to take these actions without prior notification to You or any Third Party you are related with.
- It is clarified herein that we may modify, alter, suspend or discontinue any aspect of SKUFLER Service at any time and we maybe stop offering any feature, database or Content. Without any liability we may provide limited access on specific features or restrict your access to the total Service or part thereof.
- YOU AGREE THAT IN THE EVENT WE ARE NOTIFIED BY ANYONE FOR A CLAIM AGAINST SKUFLER Ltd. RELATED TO YOUR CONTENT THAT YOU POST IN SKUFLER SERVICE AND SITE, THEN, TO THE EXTEND ALLOWED BY THE LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SKUFLER COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
- SKUFLER Service offers streaming music only through Third Party Services and their servers, provided that the User has a premium (or similar) subscription to Third Party Services. SKUFLER, Ltd. integrates through API with specific Third Party’s applications, websites, and services as mentioned in Article 11 and we clarify that the said APIs are NOT our intellectual property. We DO NOT use any other private API to collect any personal information.
As all Third Parties have their own terms and conditions, privacy policies and other agreements for the offer of their services, you commit with the present Agreement that you are solely responsible to follow and to comply with their terms and conditions and you acknowledge that SKUFLER Ltd. is not responsible and liable for the said contents, the features and/or any transaction you may enter into with these Parties. If you choose to access any of Third Party services linked to SKUFLER Service, you do it entirely at your own responsibility and risk.
- SKUFLER Service is not related and does not have any connection or affiliation with any Third Party Service, record companies, music publishers, songwriters, composers, performers, musicians, artists, radio stations, and all other parties not mentioned herein eligible to claim rights on their intellectual property.
- From time to time, it will be necessary to make updates to SKUFLER Service for its proper operation or may be required a download of new releases of software with different License terms. We promise to use our best endeavors to keep disruption to the minimum possible.
- In order to enjoy the SKUFLER Service we may require access to certain services on your device (mobile tablet or laptop) that will enhance your SKUFLER experience and create your own Content. We may request access to your camera, location, microphone, contacts, etc. In any case we will not proceed without obtaining your permission, as described in our Private Policy.
- In the event you create an account on behalf of a company, organization, entity, or brand you must be the legal representative and have the authorization to bind the company to our Agreements.
- CHAT FUNCTION
SKUFLER Service provides to its Users free chat communication between its members to enhance the SKUFLER experience and facilitate them in the exchange of information for the creation of their Content. The User can access and use this particular function each time by logging in the SKUFLER Service.
SKUFLER Ltd. shall bear no liability in particular for:
- It is not allowed individuals under the age of 13 to use the chat function.
- The User is fully responsibility for all contents, phrases and entries added and exchanged with other Users avoiding to violate any applicable laws and at all times is aware of the risk and threats connected with electronic data transmission with regards to any User’s personal information.
More specifically, the chat function shall not be used to transmit material which:
- is unlawful, hateful, offensive, vulgar, abusive, defamatory, obscene or sexually explicit
- is intended to harass, stalk, intimidate, threaten, victimize, deceive, degrade, embarrass, cause distress or discomfort
- promotes unauthorized commercial content (e.g. spam or advertising)
- violates proprietary rights of any person impersonates or represents another person
- infringes anyone else’s intellectual property rights
- We have the right to access individual users’ accounts – apart from technical and administrative purposes – for security purposes. The information we may collect shall not be processed or made available to Third Parties, unless required by provisions of the law.
- We reserve the right to delete or refuse to distribute any content and to terminate or reclaim users, user names, group names and IDs.
- the exchange of unlawful and improper phrases, images and entries shared with other Users and not related to SKUFLER Service scope which is the exchange of information as regards the creation of Content
- disturbances in accessibility of chat function not caused by SKUFLER Service
- any damage may arise due to the suspension of the chat function due to the closure of the User’s account from SKUFLER Ltd. or from User’s fault and in the event of company reputation infringement
- damage suffered by the User as a result of a Third Party using his data, thus enabling Third Party to access his account and share personal information
- the loss of any possible expected benefits offered by SKUFLER Service through the chat function
4. Availability of Service
From time to time, it will be necessary to make updates to SKUFLER Service for its proper operation or may be required a download of new releases of software.
Updated license terms may apply to the updated Service and therefore we reserve the right to upload the said terms without any prior notice. You must visit regularly our Agreements in order to be always aware of the terms governing our relation.
We promise to use our best endeavors to keep disruption of the Service to the minimum possible.
The Service and any updated service may require a period of testing and this is related to limited functionality in some cases may have “bugs” that we have to fix or may occur other malfunctions that we have to face.
5. Term, Termination
Unless We or You terminate the Agreements they will be in full force as long as you use SKUFLER Service.
However, we reserve the right to terminate or suspend your access to our Service at any time and with no prior notice if we observe that you don’t comply with our Agreements, you violate any applicable laws or you are not authorized to create and maintain an account with Us. In such event You agree that We are not liable or responsible to you and we will not refund you for any amounts you have paid to us until the termination day.
In order to terminate your account with Us please contact our USER Service email firstname.lastname@example.org in order to notify us for your intention to leave SKUFLER and our team to proceed with the relevant actions.
It is hereby agreed, and you accept that the provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.
In the event we are obliged by any applicable law or corporate decision to suspend SKUFLER Service operation, we have the right not to reimburse our Users for any amounts they have spend for the purchase of any Contents from SKUFLER Service until the suspension date.
6. User Rights
You are granted a license from SKUFLER, Ltd. to post, upload and add Content to SKUFLER Service under the provisions of Article 5.
- You are granted a non-exclusive, limited, revocable license to make use of the SKUFLER Service and to make personal, entertainment use of the SKUFLER Content. Unless otherwise specifically provided by us, our License to you under these Terms is personal to you and allows you to access and use the Service only on the mobile phone number on which the software is installed.
- The license is not transferrable to another person or another mobile phone number without our prior consent and written approval.
- You agree to comply with the guidelines of the Agreements and you will not use SKUFLER Service (in total or part thereof) for purposes other than the ones described in the Agreements and you will not violate any law or infringe any rights of any Third Party and including but not limited to any intellectual property rights.
- You may use SKUFLER Service to create your own Content and further to make them available for commercial purposes under a price set by You to other SKUFLER Users, only if you agree that you have obtained all rights, licenses, consents and permissions necessary in order to use that copyrighted material in connection with the creation of your Content within SKUFLER Service.
- You may charge others (i.e. individuals or venue owners) for the use of your Content under the provision that your Content is available through SKUFLER Service only.
- We reserve the right not to reimburse SKUFLER Users for the sale of their Content in the event we observe that there is a violation of others intellectual property, ownership rights and breach of applicable law.
- We acknowledge that you retain ownership of all rights, including intellectual property rights, of Your Content.
- You are granted the right to make one SKUFLER account. You are not allowed to make multiple accounts. In the event you need to create multiple accounts, this will be feasible only through separate mobile number in your possession. In the event you attempt to create more than one account we reserve the right to keep only one and terminate the rest.
- You are hereby committed that by subscribing to SKUFLER Service you became a SKUFLER User and any Content you create and upload are Yours and SKUFLER’s intellectual property.
7. Venue Owners Rights
- A Venue/Place Owner reserves the right to claim property of his Venue/Place already listed in SKUFLER Content or add his Venue/Place into the SKUFLER content in the event it is not included in the SKUFLER list.
- A Venue/Place Owner reserves the right to add or remove professional Users within his accredited list, eligible to offer their Contents at his Venue/Place.
8. Rights you grand us
- You hereby agree that you grant to SKUFLER Ltd. an unlimited, non-exclusive, transferable, sub-licensable, royalty-free, continuing, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, publish, perform, display, translate, modify, create derivative Content from, and distribute any of your User Content uploaded to SKUFLER Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
- You acknowledge and you grant Us the right to impose and receive payments of your Content for any commercial use we may want and to share with you and other eligible parties the relevant payments.
- SKUFLER Ltd. may use and exercise the rights to your Content granted to Us from You, under this Agreement, without the liability of payment of any guild fees, residuals, payments, fees or royalties related to your Content as you are solely responsible against all Third Party and any owner’s rights.
- You allow us to provide advertising and other information to you, agreements with Third Parties and Contents that may have commercial considerations. The same right applies to our business partners, if any.
- For any proposals, ideas or recommendations you provide to Us you grant us the right to review, comment and make it public at our own discretion and in case we consider it necessary.
- You allow us the right to use the processor, bandwidth, and storage of software on your Device in order to facilitate the operation of the Service.
9. Copyright of Owners
It is our priority to protect and respect the intellectual property of others and this is what we request from our SKUFLER Users, as well. If you are the owner of a work or Content posted illegally or unauthorized in our Service, please provide us a notice at email@example.com that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
It is very important to notify us that your copyrighted work has been infringed and/or you suffered a violation on your rights in a manner that breaks any applicable law, so as to take all necessary actions to protect and rehabilitate your rights in our Service.
10. Charges and Payments
In order a User to be eligible to purchase any Content from SKUFLER Service, the User must have available balance at his account. For your convenience SKUFLER Service has a pre-defined list of pricing tiers to select and top-up your account.
Additionally, SKUFLER Service - at its discretion - may reward Users, by depositing in their accounts for their contribution to Content list development.
Professional Users (DJs accredited by Venue Owners) may sell their Content to Users. The cost per content is set by the DJs, based on the price tier available in SKUFLER Service and is upon the sole discretion of the DJ to select the suitable price for his Content.
SKUFLER Service will be responsible for the distribution of the revenues generated from the sale of the Contents: to DJs, the App Store and SKUFLER Ltd. proportionally, as follows:
- The App Store: according to Apple’s charging policy per county/state and as presented in Apple’s site, the required share is ranging from forty-five (45%) to forty-nine (49%) percent, or so. In the event of any changes in Apple’s pricing policy, the distribution of revenues to all Parties will be adjusted accordingly.
- The remaining NET amount (following the deduction of any applicable taxes) will be distributed between the DJs and SKUFLER Ltd., as follows:
- DJs: thirty percent (30%)
- SKUFLER Ltd.: twenty percent (20%)
We reserve the right not to reimburse any DJs, if we notice or we have been informed that his Content(s) is/are infringing the intellectual property rights of others or if they don’t have the required permissions to use and upload the work of others, combined or individually.
While using SKUFLER Service with internet connection through a mobile carrier data consumption occurs. You are totally responsible for the payment to the carrier based on the agreement rates you have accepted in your agreement and you acknowledge that SKUFLER Service is not related, in any way, directly or indirectly with the said charges or any carrier. Further, SKUFLER Ltd. do not receive any payments, in total or part thereof from any carrier for the offer of the SKUFLER Service
11. Third Party Rights
The following Third Parties services are integrated within the SKUFLER Service: Spotify (https://www.spotify.com), ACRCloud (https://www.acrcloud.com), DEEZER (https://www.deezer.com), Apple Music (http://www.apple.com/music/) to assist our Users to identify songs, listen music and have access to other music related contents and FOURSQUARE (https://foursquare.com) to identify venues nearby Users. The Third Parties list may be modified, altered, decreased or enriched with additional Parties or business partners, from time to time and without any prior notice to you.
All above Parties maintain their own Agreements, and as you have a subscription with them you acknowledge that you are bounded directly with their terms and conditions and you agree to comply accordingly. SKUFLER Service, in anyway is not related or interfere with Third Parties Agreements, services or their terms and conditions. We are not related to any charges the Third Parties may apply for the use of their Services. We are fully responsible for the maintenance, support and operation of our Service and none of the Third Party has any obligation against this matter and further none of the them is directly or indirectly responsible for the entire SKUFLER Service, functions, our Contents and our Agreements’ terms.
As our SKUFLER Service is available for downloading through App Store (Apple, Inc.), please read and comply with the terms of Apple Inc. company prior downloading the SKUFLER Service on your device. Accepting this Agreement with us you accept and you are aware that Apple and Apple’s subsidiaries are Third Party beneficiaries and have the right to enforce this Agreement against you.
12. Availability of Services
SKUFLER Service is offered to you in “as is” condition and we will do our best to offer you quality, non-stop service, although we cannot promise that the Service will be uninterrupted. Occasionally we may restrict your access to SKUFLER Service or website for necessary updates, to enrich the Service with new functions, to carry out repairs and maintenance but we promise to use our best endeavors to eliminate the disruptions to the minimum possible. In the event you observe any malfunctions, software “bugs “and any other functionality issues beyond our knowledge, please let us know at firstname.lastname@example.org in order out team to fix them.
In the event we introduce a new version of our Service this may require a short testing period, may be inconsistently available or have “errors” in the operation, which we promise to resolve them the soonest possible.
13. Entire agreement
This Agreement constitutes the entire agreement and understanding between SKUFLER Ltd. and the User and supersede all prior and contemporaneous agreements, documents, and proposals, oral or written, between SKUFLER Ltd. and the User regarding the SKUFLER Service, except for any prior agreement addressing confidentiality, which will continue in effect according to its terms following the execution, performance and termination of this Agreement.
You acknowledge that the provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the termination of this Agreement.
15. Severability and waiver
In the event that a court of competent jurisdiction determines that any portion of this Agreement is illegal, invalid or unenforceable, such portion will not affect or impair the legality, validity or enforceability of any other provisions of this Agreement.
The User agrees to indemnify, defend and hold harmless SKUFLER Ltd. the representatives, affiliates, officers, directors, stockholders, employees, and agents from any and all claims, liability, damages and / or costs (including, but not limited to, reasonable attorneys’ fees) arising from:
- User’s negligence or intentional misconduct
- User’s violation of any applicable law and the terms of the Agreements
- User’s breach of any of its representations, warranties or covenants set forth herein
- User’s violation of any intellectual property rights or other rights of any person or entity
17. Governing Law / Jurisdiction
This Agreement will be governed by the laws of Cyprus and/or European Union and for any jurisdiction responsible are the courts of Cyprus.
In the event that SKUFLER Ltd. failure to exercise any of its rights under this Agreement, this will not constitute or be deemed to constitute a waiver or loss of such rights or of any preceding or subsequent breach or default.
All disputes in connection with this Agreement or the execution thereof shall be settled friendly through negotiations. In case no settlement can be reached, the case may be assigned to a reputable and experienced, mutually accepted by both Parties person of trust and the arbitration will take place in Cyprus and the outcome of the arbitration will be final and binding upon both parties.
Neither party shall seek recourse to a law court nor other authorities to appeal for revision of the decision. Arbitration fee shall be borne by losing party. The Arbitration may also be settled in a third county mutually agreed upon by both parties.
20. Limitation of Liability
IN NO EVENT WILL SKUFLER Ltd. OR ANY REPRESENTATIVE BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, OR TO THE PERFORMANCE OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS, EVEN IF SKUFLER Ltd. OR ITS REPRESENTATIVES HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
FURTHER, IN NO EVENT WILL SKUFLER Ltd. AND THE REPRESENTATIVES’ TOTAL CUMULATIVE LIABILITY TO USER OR ANY OTHER PARTY FOR CLAIMS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, INDEMNITY OR OTHERWISE, ARISING OUT OF OR RELATED IN ANY WAY TO THIS AGREEMENT OR THE SERVICES, EXCEED ANY POSSIBLE ACTUAL FEES USER PAID TO SKUFLER Ltd. FOR THE SERVICES AS OF THE DATE OF THE CLAIM, LOSS, OR DAMAGE.
In the event of any failure, or SKUFLER Ltd. non-provision, of the Services, User’s sole and exclusive remedy shall be for SKUFLER to use commercially reasonable efforts to repair or provide the Services.
Except as otherwise expressly set forth herein, this Agreement may be amended or modified only by SKUFLER Ltd. The section headings used herein are for convenience only and will not be given any legal meaning. This Agreement is made for the benefit of the parties only and there are no intended Third Party beneficiaries.
22. Contact us
You may contact us at the following address:
Address: 3, CHRISTAKI KOMPOU, PETER’S HOUSE, LIMASSOL, 3011 CYPRUS Address