Terms of Service for Tip The Beat

Last Updated: 26.06.2024

These Terms of Service ("Terms") govern your use of our web application ("the Service"), which enables users to tip DJs and make song requests. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By using the Service, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you should not use the Service.

2. Changes to Terms

We may modify these Terms from time to time. We will notify you of significant changes by posting the updated Terms on our website or through other communication channels. Your continued use of the Service after such changes constitute your acceptance of the new Terms.

3. Description of Service

Tip The Beat is a platform that enables DJs to receive tips and song requests from users. DJs can register, set up payment information through Stripe, and create events where they perform. Users can support DJs by accessing their events through the Tip The Beat platform.

4. User Accounts (For DJs)

Registration: DJs must create an account to use certain features of the Service. You agree to provide accurate, complete, and current information during the registration process.

Account Security: DJs are responsible for maintaining the confidentiality of their account information, including their password. You agree to notify us immediately of any unauthorized use of your account.

Payment Information: DJs must provide payment information to receive tips. This information is securely handled through Stripe, our payment processor. DJs agree to comply with Stripe’s terms and conditions.

5. Tipping and Song Requests (For Users)

No Registration Required: Users can tip DJs and make song requests without registering an account. The payment process is facilitated through Stripe.

Payment Process: When a user tips a DJ and requests a song, the payment is processed through Stripe. The DJ will receive the song request and can choose to accept or reject it.

Chargebacks: If a user disputes a charge after a song request has been accepted and played by the DJ, the user may be liable for a chargeback processing fee. Repeated chargebacks may result in further actions, including but not limited to legal action.

6. Content and Conduct

User-Generated Content: DJs and users may submit content to the Service. You retain ownership of any content you submit, but by submitting content, you grant us a license to use, display, and distribute that content as part of the Service.

Prohibited Conduct: You agree not to use the Service for any unlawful or prohibited activities, including but not limited to:

7. Privacy and Data Use

Data Collection: We collect and use data as described in our Privacy Policy. For instance, we store a unique identifier (GUID) in the user’s browser cache for analytics purposes, such as tracking the highest-paying user in a night.

Payment Information: All payment transactions are securely processed through Stripe, and we do not store your payment information on our servers.

8. Chargeback Policy

For Users:

If you request a song and the DJ accepts and plays the song, any chargeback initiated by you may result in a chargeback processing fee. This fee is to cover the costs associated with handling the chargeback. You acknowledge and agree that you may be liable for this fee and that Lux Solutions may pursue recovery of this fee through various means, including legal action.

Repeated chargebacks or abuse of the chargeback process may lead to restrictions on your ability to use the Service and further legal actions as deemed appropriate by Lux Solutions.

For DJs:

If you accept a song request and receive a tip but do not play the requested song, the user may initiate a chargeback. In such cases, you will be responsible for reimbursing the chargeback amount and covering the chargeback processing fee.

Failure to comply with this policy may result in restrictions on your account and the potential recovery of the chargeback processing fee through legal means.

9. Disclaimers

The Service is provided on an "as is" and "as available" basis. We do not guarantee the accuracy, completeness, or usefulness of any content, nor do we endorse any opinions expressed by users of the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

10. Limitation of Liability

To the fullest extent permitted by law, Lux Solutions, its affiliates, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from, but not limited to:

11. Indemnification

You agree to indemnify, defend, and hold harmless Lux Solutions, its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

12. Governing Law

These Terms and any action related thereto will be governed by the laws of Croatia, without regard to its conflict of laws provisions.

13. Dispute Resolution

Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in Rijeka, Croatiia, under the rules of the Permanent Arbitration Court at the Croatian Chamber of Economy. You agree to submit to the jurisdiction of such arbitration.

14. General Terms

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and Lux Solutions regarding the use of the Service.

Waiver and Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign these Terms or any of your rights under these Terms without our prior written consent. We may assign these Terms or any rights hereunder without your consent.

15. Contact Us

If you have any questions about these Terms, please contact us at:

info@tipthebeat.com