Site Terms

OVERVIEW

This website is operated by Reaktion. Throughout the site, the terms “we”, “us” and “our” refer to Reaktion. Reaktion offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Any customer may discontinue their services for any reason. If you opt to discontinue your services, we will cease further work on your services, upon receipt of your cancellation, refund and Agreement termination written request, with the understanding that certain pre-planned posts, promotions and/or pitches may have already been scheduled or submitted, and those posts and/or pitches may or may not removed following discontinuance. In the event of cancelation of agreement at any point, your coverage is void from that date. Any exceptions are at the disgression of Reaktion DJ Promotions.

However:

• If a customer cancels within 2 days after the customer signs up for a service, then the fees paid will be 100% refundable except for any costs, expenses and/or transaction fee charges incurred and/or assessed during such time (such as but not limited to credit card and PayPal transaction fees).
• If a customer cancels within 14 days after the customer signs up for a service, then the total fees for the service, once paid, will be 75% refundable except for any costs, expenses and/or transaction fee charges incurred and/or assessed during such time (such as but not limited to credit card and PayPal transaction fees).
• If a customer cancels within 21 days after the customer signs up for a service, then the total fees for the service, once paid, will be 50% refundable except for any costs, expenses and/or transaction fee charges incurred and/or assessed during such time (such as but not limited to credit card and PayPal transaction fees).
• From 22 days, there are no refunds, full or partial, for cancellations.

We will normally decline refund requests in the following cases:

• When any statements of dissatisfaction or requests for refunds are received after a service is completed, usually beyond 21 days as noted above.
• When a customer informs us about changing the decision to start a service after actions have already been taken in the public domain. This can mean any distribution of public press releases, interviews, pitches or media content of any description.
• When a customer’s expectation of achievable campaign results is deemed unrealistic for the current public status of the project.
• When a customer requests a refund due to the absence of services that we never claimed to provide and that are not listed on our website.
• When a customer requests refund beyond 21 days of service provided for monthly subscriptions.
• When a customer requests a refund due to the absence of services that were not agreed on. Our list of services are there to provide examples of everything that we can offer, it is not a list of everything that will be completed for every client regardless of the nature of the project.
• When a customer does not utilise, but fails to cancel the service subscription.
• When a customer requests a refund due to the absence of services that we do offer, but are not viable to the client. For example if a client asks for evidence of work done on A&R but never provided any demos, this is not grounds for refund.
• When a customer’s dissatisfaction is based on communication issues and/or delays that are either in a large part or fully the fault of the customer’s own poor communications or time-keeping. This nature of complaint is entirely at the digression of the service provider.
• When a customer requests a refund after publicly posting and benefiting from our work. Dissatisfaction should and must be expressed before an irretrievable promo service is carried out. A refund in this case would not return the promotional work done by the service provider and is therefor not an acceptable request for refund.
• When the customer cannot return the work done without benefiting from the service.
• Subscriptions must be cancelled via e-mail contact/notice prior to cancelling a Paypal subscription. If you cancel a payment plan without informing us, you may lose access to your promotion links. Our system will usually irretrievably remove these links. Cancelling a payment plan and losing access to promo reports is not grounds for refund by our site and service terms.

Submissions delivered to the agency for promotion should be in totality confirmed and cleared for promotion and distribution by the rights-holder. Failure to do this and any resulting implications are the failings of the client, not the agency. As with all forms of digital music distribution, piracy protection is advised and is the duty of the label, artist or customer to manage.

These policies are publicly available on www.reaktion.net Failure to read and understand the terms stated does not void their legitimacy. Any and all customers of service are subject to these terms in full.

• Explanation and Rationale:
  Once you register for an account, we make extensive arrangements and financial investments in order to provide your services, and, in the case of your cancellation, refund or Agreement termination, we incur significant administration challenges, a drain on resources, expenses and third party costs, loss of substantial time in addition to loss of open service slots for other artists who want to jumpstart their projects. Given these facts, we cannot issue 100% refunds after a certain amount of time.

• Extenuating Circumstances:
  We understand that there might be extenuating circumstances. Please contact us and we will work with you to address your problem. In accordance with this exception, refunds may be granted on a case-by-case basis, are at our sole discretion and all decisions are final and binding. When exceptions are made, refunds may be partial and or limited and no transaction fees are refunded. In some circumstances, we may instead offer to defer your service to a later date or suspend performance for an agreed period.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

On the subject of mails outwards either for the use of marketing or sharing of promos, we abide by company policy in that we will not contact non-public e-mail addresses and only ever approach public figures that are found on either official websites of fan-page specific social media for a public entity as an artist to label that can for the avoidance of doubt be considered a business entity either as a LTD company or other freelance/self-employed endeavour as a solo project in the music industry as is the more common norm. We consider our promos and marketing mails a B2B arrangement in which only ‘legitimate interests’ are ever considered. In the case of our project, we determine legitimate interests as in the case of marketing mails, an artist/label/management agency or other public figure that discloses public contact details in a professional capacity as a mechanism of contact for them in a professional presentation of accurate relevance. Our rationale is simply that we adopt a format used by nearly every artist in the music world in that we consider it industry standard and expected to receive contact from other artists in the case of demos or in the case of a DJ/Producer ‘promos’. We consider a public music industry figure’s inbox a fair estimation of a business contact and any contact of ours in the interest of fair and legitimate interest between two commercial endeavours.  The process of sending and receiving demos and promos from the top down is assumed as fair ‘legitimate interest’ in the same capacity that any DJ/Producer/Band would and does contact other DJs for support. If the demo/promo sending procedure was stopped or put to ‘opt in only’ there would be very little of the music industry left and fair promotion and growth of an artist or project would be immensely restricted to an unreasonable degree of expectation.

For the avoidance of doubt, we keep closely monitored ‘do not contact’ lists.

If you believe you have received an e-mail in error or would prefer not to engage in the standard promo/demo process – just send an e-mail to us at info@reaktion.net and we’ll happily add you to our no contacts list.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Reaktion, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Reaktion and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@reaktion.net.