General Terms of Use

Each person using the application is obliged to read these general terms of use and to strictly observe them.


Application
Discplay.me mobile application


Service Provider
DDSD ENTERTAINMENT LTD registered in Cyprus at 9A Evripidou Street, 3031 Limassol, Cyprus.

Contact us: support@discplay.me


Other definitions
User - any natural person using the Application, regardless of the status held within the Application.

Creator - User publishing Content prepared thereby and available to other Users in the Application.

Fan - User accessing Content posted by the Creator.

Contents - all materials published or posted by the User in the Application, including audiovisual, text, graphic and other content .

User's account - a collection of resources in the Application, which consists of information about the User, including information on transactions made and Content posted.

Token - virtual currency available in the Application, enabling the rental of Content published by the Creator.


General conditions
These general terms of use constitute an agreement concluded between the Service Provider and the User using the Application.

In the case of the Creator, the terms of use for the Creator constitute an integral part of the contract.

The User of the Application may only be an adult natural person over the age of eighteen, and in the event that the jurisdiction of the country to which the User is subject grants adulthood after reaching a different age, a natural person who has reached that age.

The Application contains Content intended only for adults. By using the Application, the User declares that the jurisdiction of the country to which he is subject does not prohibit access to such Content or its promotion. The User also declares that he or she gains access to such Content voluntarily and this does not violate his personal rights, beliefs, feelings or worldview.

The Service Provider complies with the rules for the protection of Users' personal data provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC)

By using the Application, the User agrees to the collection, storage and processing of personal data by the Service Provider in order to perform the contract. Detailed conditions for the collection, processing and protection of personal data by the Service Provider are set out in the 'Privacy Policy'.

It is forbidden for the User to provide illegal or offensive content. The User is obliged to use the Application in a way that does not interfere with its functioning, in particular by not using specific software (including malware) or devices.

Particular threats related to the use of services provided electronically in the Application are the possibility of unauthorized persons obtaining access to data transmitted via the network or stored on computers connected to the network and interference with this data, which may, in particular, result in their loss, unauthorized change or preventing the use of services offered with the use of the Application.


Technical requirements
The application is available for all mobile devices that meet the system requirements specified in this chapter.

In order to install and run the Application, the mobile device must meet the following requirements:
a) Android system version minimum 7.0,
b) operation of augmented reality by a mobile device.
The list of mobile devices supporting augmented reality is available at https://developers.google.com/ar/devices.

To install the Application, it is necessary to activate an internet connection on the Mobile Device. An internet connection is required to use the Application after it has been downloaded to a mobile device

After installation, the application creates files in the memory of the Mobile Device for the purposes of its proper operation. These files are deleted as a result of uninstalling the Application. If the User manually deletes any of the files, the Application may not function properly.

The user pays fees related to access to the Internet and data transmission in accordance with the tariff of his Internet service provider.


Commencement of using the Application
In order to start using the Application, the User registers on the website https://www.discplay.me and makes payments for access to the Application in accordance with the current price list of the Service Provider via the available payment methods.

After making the payment, a User Account is created and the User receives a link to download the Application and a code enabling the first logging in to the Application.

The User installs the Application on their own on a mobile device in accordance with the instructions published on the website https://www.discplay.me.

The code made available to the User enables the installation of the Application only on one mobile device.

The Service Provider is not responsible for technical problems with the installation or use of the Application resulting from the User's failure to comply with the instructions and guidelines provided by the Service Provider, failure to meet the technical conditions by the device or resulting from problems with the quality of the Internet connection on the mobile device.


User’s obligations
By using the Application, the User undertakes to:
1.comply with these general terms of use and applicable laws, including the laws of the jurisdiction of the country to which they are subject;
2. be responsible for all activities in the Application as part of the activities on the User Account, including the activities of third parties using the User Account;
3. posting in the Application only Content for which it has copyrights or applicable licenses, and if it is required to have the consent of a third party to publish the Content, at the Service Provider's request, it will show the appropriate consent;
4.not post any Content in the Application that directly or indirectly:
a) incite or praise the commission of a prohibited act,
b) offend the religious feelings of other people by insulting an object of religious worship or a place used for religious purposes,
c) they accuse another person, groups of people, institutions, legal persons or other entities of such behavior or properties that may degrade them in the public opinion or expose them to the loss of trust needed to perform a given profession, activity or holding a specific position,
d) they insult or defame other people, and also harm their good name,
e) promote or incite hatred on the basis of race, nationality, ethnicity, religion or sex,
f) infringe the copyrights and / or related rights of third parties,
g) are unlawful,
h) have links to other malware or phishing websites.

5. not to use the Application for purposes inconsistent with its intended use, in particular not to use the Application as a tool to commit a crime or perform any other activity of a prohibited nature or violating the generally accepted principles of social coexistence.


Service Provider's rights
The Service Provider retains the right to:
1.verify the Content published by the User at any time and remove them if they breach the terms of the contract;
2. suspend or disable individual functionalities of the Application for the time required by the necessary updates or development works in the Application;
3.changes at any time of the price list including paid functionalities (services) in the Application;
4. terminate the contract with the User at any time for any reason with a 30-day notice period;
5. suspension of access to the Application, which is tantamount to blocking the User Content, in the event of breach of the terms of the contract by the User;
6.cooperation with law enforcement authorities, including providing law enforcement authorities with any information about the User, including Content published thereby, and held by the Service Provider in connection with any investigation by law enforcement authorities in connection with suspected or alleged illegal activity, to protect legal rights or interests or in response to legal proceedings;
7. transferring your rights and obligations to another entity without the need to obtain the User's consent.

In the event of removal of the Content, as well as suspension of access to the Application or termination of the contract, the Service Provider informs about the action taken by e-mail sent to the User's address indicated in his account.


Liability of the Service provider
The Service Provider does not bear liability for:
1. Content published in the Application and coming from the User;
2. damage or harm suffered by the User or third parties, and resulting from actions taken by Users in the Application, including the Content published in the Application by the User;
3. infringement of copyright, related rights or other rights resulting from the User's publishing of the Content in the Application;
4.damage or harm resulting from the access to the User Account by third parties, including any resulting unauthorized actions or unauthorized payments or withdrawals of funds, unless it results from the willful act or omission of the Service Provider;
5. the content and nature of websites, applications or other sources that may be accessed through links available in the Application;
6. copying, distributing, republishing User Content elsewhere, as well as for violating the User's copyright by another User or a third party;
7. for any disclosure of the User's identity or any disclosure or publication of the User's personal data by other Users or third parties without the User's consent;
8. in relation to the Creator for loss of profits, loss of sales, business or revenues; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; loss of data or information, including any Content; indirect or consequential loss or damage.

In the event of damage or harm for which the Service Provider is solely responsible, whether under the contract, tort (including negligence), breach of a statutory obligation or otherwise, his liability is limited:
a) in the case of a User who is a consumer up to USD 500, unless the greater scope of the Service Provider's liability results from special rights granted to consumers by the jurisdiction of the country to which the User is subject;
b) in the case of a User who is not a consumer (Creator), up to USD 500.


Tokens
Tokens are a virtual currency used to make transactions between Users and for settlements with the Creator in the Application.

The fan purchases Tokens by purchasing the selected package in accordance with the current offer and price list of the Service Provider.

The tokens purchased by the fan are collected in his virtual wallet on the user's account.

The tokens purchased by the Fan allow you to borrow the Content provided by the Creator.

The number of Tokens enabling the rental of Content is determined only by the Creator who publishes the given Content.

In any case, the Content is lent to the Fan for a period of 30 minutes. Re-accessing the Content requires re-issuing the Tokens.

The token is not money or any other means of payment. The token cannot be exchanged for money or other means of payment.

The tokens may not be transferred to another User, nor may they be the subject of an assignment, security or other disposal activities for the benefit of another User or a third party.

In the event of termination of the contract, regardless of the initiating party, the Tokens collected by the Fan are forfeited.


Payment Methods
The service provider accepts payments via the CCBill electronic payment system, the operator of which is CCBill LLC with its registered office in the USA at 2353 W. University Dr. Tempe, AZ 85281-7223 - USA.

The user uses the payment system under the conditions specified by the system operator.

If there is a need to return funds for a transaction made by the User with a payment card, the Service Provider will make a refund to the bank account assigned to the User's payment card.


Withdrawing from the Agreement
The User who is a consumer has the right to withdraw from a distance contract without giving any reason.

The right to withdraw from the contract is due within 14 calendar days of its conclusion.

The User may withdraw from the contract by submitting an unequivocal statement to the Service Provider. To meet the deadline, it is enough to send a declaration of withdrawal from the contract before its expiry.

The service provider will immediately confirm the receipt of the declaration of withdrawal from the contract.

The user may not withdraw from the contract if the other party has performed the contract with his express consent before the deadline for withdrawal from the contract, in particular when:
a) User's wallet has been topped up with Tokens,
b) a link and code for installing the Application have been provided,
c) the Content was lent to a Fan.


Account Deletion
The User is entitled to delete the account at any time, which is tantamount to the termination of the contract with the Service Provider.

In the case of Fan, deletion of the account takes place immediately after the request is made thereby.

In the case of the Creator, the account is deleted no sooner than 30 minutes after the request is made.

After the Creator submits a request to delete the account, the possibility of renting the Content published thereby is automatically blocked.

The Service Provider has the right to delete the User's account in the cases specified in these terms of use, i.e .:
a) termination of the contract at any time without giving any reason, subject to a 30-day notice period,
b) termination of the contract without notice in the event of suspension of access to the Application as a result of the User's breach of the terms of use, if the suspension of access lasts at least 14 calendar days.

Termination of the contract in any case results in the removal of the Content published by the User and the loss of Tokens in the User's wallet, unless they have been previously issued or have not been settled for payment in the case of the Creator.

Reinstalling the Application results in the conclusion of a new contract without the possibility of restoring previously added Content or the accumulated Tokens.


Complaints
In the event of non-performance or improper performance by the Service Provider of the services provided via the Application, the User is entitled to submit a complaint by electronic means.

A correctly submitted complaint should contain the User's designation (name and surname and e-mail address), the subject of the complaint, along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint.

The complaint is considered by the Service Provider within 30 calendar days from the date of receipt of the complaint.


Copyrights
All content posted in the Application (including graphics, texts, page layout and logos), not provided by the User or other suppliers, benefits from copyright protection and is the sole property of the Service Provider. The use of this content without the written consent of the Service Provider results in civil and criminal liability.

The User is obliged to use any content included in the Application only for personal use. The use of the content in a different scope is allowed only when expressly indicated by the Service Provider.

The use of the Application, including the use of text, graphic materials, photos, databases or other content, does not mean that the User acquires any rights in relation to the indicated content, and in particular does not constitute the acquisition of proprietary copyrights, related rights or licenses.

It is forbidden to take the following actions without the express consent of the Service Provider:
a) copying, modifying and transmitting electronically or otherwise the Online Store or its parts, as well as individual content made available through it,
b) disseminating the content published in the Online Store in any way,
c) downloading the contents of databases and re-using them in whole or in part.


Changes to the terms and conditions of use
The Service Provider reserves the right to change the terms of use at any time. The Service Provider will notify about the change in the Application or electronically at least 14 calendar days before the changes come into force.

The User who does not accept the changes to the terms of use is obliged to remove the Application from the mobile device.

Using the Application after the entry into force of the changes to the terms of use means their acceptance and the validity of the contract under the new terms.


Governing law and jurisdiction
The law applicable to the contract concluded with the User and to the settlement of disputes that may arise in connection with the use of the Application is the law applicable to the seat of the service provider, i.e. Cypriot law.

The court with jurisdiction to settle any disputes is the Cypriot court.

Regardless of the above, the Service Provider respects the separate rights granted to the User who is a consumer residing in the European Union. In this case, the law of the country under whose laws the User is a consumer may apply, if this law grants said User more rights than the law applicable to the seat of the Service Provider. The resolution of the dispute may be submitted to the court having jurisdiction over the place of residence of the User who is a consumer.