AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DaimoonMedia (“Company”, “we”, “us”, “DaimoonMedia”, or “our”), concerning your access to and use of the https://daimoon.media/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Furthermore, by agreeing to our terms, you represent that you are able to enter into legally binding contracts either because you are at least 18 years of age or, if you are below 18 years of age, because your legal parent or guardian formally consents to these Terms on your behalf. If you are an emancipated minor or possess any other legal status that allows you to consent to legally binding contracts despite being under 18 years of age, the same is also understood to apply.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

SPOTIFY SERVICES

By using the Site, you understand and agree that we don’t pay playlist owners to get music featured. We do not guarantee any kind of results but we guarantee that we try our hardest to get the best pitch possible. Therefore, we fully comply with the terms of Spotify. All playlists we work with are real and created on an organic basis.

When you purchase a campaign, it may take up to 2 weeks to start your campaign. You will be updated periodically during the campaign. Feel free to email [email protected] for a status update. 

We reserve the right to refuse / deny any track for a campaign within 7 days of your payment. Such 7 days start from the moment DaimoonMedia has received the payment from you for a specified campaign. 

Track URLs can not be changed after a campaign has started, it’s the responsibility of the customer to include the correct spotify track link within the campaign. 

YOUTUBE SERVICES

By using the Site, you understand and agree that we pay for Google AdWords to advertise your video to a wider audience on YouTube. We do not guarantee any kind of results, including but not limited to, how or where other people engage with your video (ie comments, likes, demographics, locations etc). Therefore, we fully comply with the terms of Youtube and Google. All engagements we deliver are real and created on an organic basis.

When you purchase a campaign, we will submit it for approval with Google AdWords/YouTube. This approval process may take up until 2 weeks. If your video gets approved, we will start advertising your video to a wider audience. If it gets disapproved, we will refund you within 7 days. We can’t refund you once the campaign has started, or once we have made our first expenses in the form of Google Ad spend. 

We reserve the right to refuse / deny any track for a campaign within 7 days of your payment. Such 7 days start from the moment DaimoonMedia has received the payment from you for a specified campaign. We reserve the right to refuse / deny any track for a campaign that is explicit or offensive, as they won’t get through this submission process. 

Video URLs can not be changed after a campaign has started, it’s the responsibility of the customer to include the correct YouTube video link within the campaign. 

SOUNDCLOUD SERVICES

By using the Site, you understand and agree that we don’t pay account owners to get music reposted. We do not guarantee any kind of results but we guarantee that we try our hardest to get the best pitch possible. Therefore, we fully comply with the terms of SoundCloud. All accounts we work with are real and created on an organic basis.

When you purchase a campaign, it may take up to 2 weeks to start your campaign. You will be updated periodically during the campaign. Feel free to email [email protected] for a status update. 

We reserve the right to refuse / deny any track for a campaign within 7 days of your payment. Such 7 days start from the moment DaimoonMedia has received the payment from you for a specified campaign. 

Track URLs can not be changed after a campaign has started, it’s the responsibility of the customer to include the correct SoundCloud track link within the campaign. 

LIMITATION OF LIABILITY 

We shall not in any circumstances be liable to you in respect of any: loss of profits; or loss of contracts; or loss of revenue or goodwill; or type of special, indirect or consequential loss, business interruption or loss of or damage to business information or data whether in contract, tort (including but not limited to negligence) or otherwise and whether or not suffered as a result of an action brought by a third party, even if such loss was reasonably foreseeable or you had been advised at any time of the possibility of you incurring the same.

For the avoidance of doubt, we shall not be liable to you or be deemed to be in breach of these Terms of Use by reason of any delay in performing, or any failure to perform, any of its obligations under these Terms of Use, if the delay or failure was due to any cause beyond our control, due to any instructions given by you or in any delay caused by you.

We shall not be responsible in contract or in tort (including, but not limited to, negligence) or otherwise for the unauthorized access to, or alteration, theft or destruction of emails, files, programs, or information of you by any person (other than DaimoonMedia) through accident or by fraudulent means or devices where we exercised that degree of skill, diligence, prudence and foresight which, as at the relevant time, would reasonably and ordinarily be expected from a skilled and experienced supplier of information technology services seeking in good faith to comply with its contractual obligations in providing the Services to prevent such activities.

We shall have no liability if you breach, infringe or make unauthorized use of any third party rights.

Save as expressly set out herein all conditions, warranties, terms and undertakings express or implied statutory or otherwise (including, without limitation, as to fitness for purpose or satisfactory quality) in respect of the Services or any products provided pursuant to the Services are hereby excluded except to the extent to which it is unlawful to exclude such liability.

Nothing in these terms shall confer any right or remedy upon you to which it would not otherwise be entitled. The limitations and exclusions of liability in these Terms of Use shall survive termination of these Terms of Use.

REFUNDS

You are only entitled to a refund before the campaign has started. Once the campaign has started, You are not entitled to a refund of any kind. For the avoidance of doubt, You waive any and all claims to any refunds once we have started performing services and have begun the campaign.

No refund will be issued even if you are not happy with the results. We do not guarantee any kind of results, but we will try our hardest to get the best pitch possible. 

Once the payment is made, you can only request a refund before the campaign has begun.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

INDEMNITY

you shall indemnify us in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims, demands, charges or expenses in connection therewith for which we may become liable in respect of any breach of contract or in respect of the Services sold under any contract. In particular, it is stressed that you is responsible for all copy, slogans, words or methods supplied or suggested by it to us, and also such items approved by it after suggestion by us and therefore such indemnity shall extend to claims for copyright or patent infringement, libel or other defamation.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

TERMINATION 

These terms shall remain in full force and effect while you use the Site. 

Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice of liability, deny access to and use the Site (including blocking certain IP Addresses), to any person for any reason for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or participation in the Site or delete your account and any content or information that You posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

This Agreement may be terminated by either party giving to the other one month’s written notice provided that if you terminate this Agreement, you shall immediately pay all outstanding sums due to DaimoonMedia IN FULL.

GOVERNING LAW

These terms and your use of the Site are governed by and construed in accordance with the laws of New York USA, without regard to its conflict of law principles.

DISPUTE RESOLUTION

YOU AGREE NOT FILE ANY DISPUTE ON PAYPAL, YOU CAN RESOLVE PROBLEMS AT [email protected]

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: [email protected]