These Terms of Service (“Terms”) apply to your access to and use of the websites, applications, and other products and services, including email services, trainings, events, marketing services, review and message boards, and various other message communication applications (collectively, our “Services”) provided by Profitable DJ, LLC, a Nevada Limited Liability Company (“Profitable DJ,” “we,” or “us”). By clicking to indicate your acceptance of these Terms, or otherwise accessing or using the Services, you agree to these Terms and to use our Services in accordance with our Acceptable Use Policy, which is incorporated by reference into these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19, do not access or use our Services.
In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service.
If you have any questions about these Terms or our Services, please contact us at
You must be at least 18 years of age or older to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
You will need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your account credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
By creating a Profitable DJ account, you consent to receive electronic communications from Profitable DJ (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Please refer to our Privacy Policy (https://www.profitabledj.com/privacy) for information about how we collect, use, and disclose information about you.
Our Services may allow you and other users to create, post, store, and share marketing, communications, or other content, including, but not limited to, email, text or SMS messages, photos, videos, software, and other materials, and review or message boards (collectively, "Marketing Content"). Except for the license you grant below, you retain all rights in and to your Marketing Content, as between you and Profitable DJ. You grant Profitable DJ a nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, adapt, publish, translate, distribute, and display your Marketing Content to the recipients or audience designated by you or otherwise in accordance with the settings you specify in the Services. As part of the Services, we may view, copy, and internally use Marketing Content to help us train and improve the Services, including their functionality and effectiveness for you and your campaigns, as well as to assist us in detecting issues. You agree not to create, post, store, or share any Marketing Content that violates these Terms, including our Acceptable Use Policy, or for which you do not have all the rights necessary to grant us the license described above.
When using the Services, you may import data, including personally identifiable information, regarding your Contacts (as defined below) (“Contact Data”). We view and use Contact Data only to provide Services to you, at your direction, and, as part of the Services, to train, detect issues with our Services, and ensure their proper functioning. We do not disclose Contact Data to third parties, except as follows:
We may share Contact Data with our third-party service providers to provide our Services or administer the site.If any portion of Profitable DJ is sold, Contact Data may be part of the business assets we transfer. Contact Data also may be disclosed if Profitable DJ is considering or completes the financing, securitization, insuring, sale, assignment, or other transfer of all or part of the company.We may disclose Contact Data as we reasonably believe is necessary to comply with any judicial or governmental subpoenas, warrants, or orders.We reserve the right to use, disclose, and share your information and Contact Data to investigate, prevent, or take action with respect to any potential or actual fraud, illegal activities, circumstances that threaten the physical safety of any person, violations of these Terms of Service, or as otherwise required by law.We may receive requests directly from individuals, including your Contacts, not to receive emails from our Services. To comply with international data protection laws and to respect their requests, we place those individuals on a communications exclusion list (“Global Exclusion List”) so that they may no longer receive communications from our Services. If a requesting individual is a Contact in your database, we will use commercially reasonable efforts to notify you of such a request before placing that Contact on our list.
You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. When you access or use our Services, you will not:
Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;Impersonate any person or entity, including without limitation, any Profitable DJ official, employee, or falsely state or otherwise misrepresent your affiliation with such a person or entity;Use or attempt to use another user’s account without authorization from that user and Profitable DJ;Access the Services by any means other than through the standard industry-accepted or Profitable DJ-approved application program interfaces;Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;Delete or revise any material, including Marketing Content, posted by another person or entity;Delete or modify any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature;Register, subscribe, attempt to register or subscribe, unsubscribe, or attempt to unsubscribe any party for any Profitable DJ product or Service if you are not expressly authorized by such party to do so;Reverse engineer any aspect of our
Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;Export or attempt to export certain data points that cannot be exported from the Services; orUse our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
You represent and warrant that your access to and use of the Services will comply with all applicable laws, rules, and regulations, including but not limited to those that relate to privacy and data protection and to the sending of electronic communications. You further represent and warrant that you have a lawful basis for processing and sending Marketing Content and communications to your customers, business contacts, or followers who consent to receiving marketing messages from you or on your behalf (“Contacts”), whether through legally appropriate consents or otherwise. You will not provide Profitable DJ or upload to the Services, or take any actions with respect to, any Marketing Content or Contact Data for which you do not have a lawful basis for processing, permissions, or consents in accordance with applicable data protection laws. You are solely responsible for ensuring that you meet all notice and consent obligations for sending communications to individuals in the jurisdictions where they reside.
If you think anyone using the Services is violating any of these Terms, please notify us immediately.
When you sign up for our Services, you agree to a recurring subscription contract with Profitable DJ on a monthly, quarterly, annual, or other temporal basis that you select when signing up for the Services.
WHEN YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PROFITABLE DJ (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY, QUARTERLY, ANNUAL, OR OTHER BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS.
For more information about pricing and subscription plans, please visit our Pricing page.
You may cancel your subscription at any time by logging into your account and following the instructions on your account dashboard for cancellation or by contacting us. Such cancellation notice must be sent by the designated account owner or an authorized signatory. Inactivity does not constitute automatic cancellation, so unless you cancel your account in accordance with this section, you will continue to be charged for subscription to the Services. All cancellation requests will take effect at the end of the then-current subscription period in which the cancellation request is made, and you will be responsible for all fees and any applicable taxes and other charges rendered up through the cancellation date.
If you are interested in canceling your subscription, we may provide you with the option of pausing your subscription for a certain period of time. During the pause period, your account will remain active in our system, and we will retain the data, including Contact Data, associated with your account.
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans, and other content contained therein (collectively, the “Profitable DJ Content”) are owned by or licensed to Profitable DJ and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Profitable DJ and our licensors reserve all rights in and to our Services and the Profitable DJ Content.
We may display content, advertisements, and promotions from third parties through the Services (“Third Party Content”). We do not control, endorse, or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content.
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about Profitable DJ or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Profitable DJ.
You agree to be identified as a customer of Profitable DJ and that Profitable DJ may refer to you by name, trade name, trademark, logo, and other proprietary marks or words in our marketing or publicity materials.
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Profitable DJ, our parent, subsidiaries, affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Profitable DJ Parties”) from and against any loss, liability, claim, demand, damages, expenses, or costs arising out of or related to your access to or use of our Services.
OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Profitable DJ AND THE OTHER Profitable DJ PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS.
To the fullest extent permitted by applicable law, you release Profitable DJ and the other Profitable DJ Parties from responsibility, liability, claims, demands, and/or damages of every kind and nature, known and unknown.
By accessing or using our Services, you consent to the processing, transfer, and storage of information about you in and to the United States and other countries.
You agree to abide by all applicable laws, including Export Control and Sanctions Laws and anti-corruption laws.
If acquired by any agency of the U.S. Government, such agency acknowledges that the Services constitute "commercial computer software" or "commercial computer software documentation."
All disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Clark County, Nevada.
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Nevada.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms.
These Terms constitute the entire agreement between you and Profitable DJ relating to your access to and use of our Services.