The term "mejay.io" is used below for both the service presented (and all included applications) as well as for the operator of the service, OpitzWorks (proprietor: Tobias Opitz).
1. General Terms and Conditions for Using the mejay.io Service
The mejay.io service is provided via websites on the internet (e.g., mejay.io) as well as under various subdomains and aliases of these domains. All websites, subdomains, and aliases offered by mejay.io are hereinafter referred to as the "mejay.io websites."
The applications of the mejay.io service primarily include real-time mediation of music requests between audience and artist.
The general terms and conditions for using the mejay.io service govern the contractual relationship between the user and mejay.io for all services that may be used.
Regarding the use of individual applications, there may be supplementary terms and conditions. The user may need to confirm these separately before using the application.
The general terms and conditions for using the mejay.io service and additional terms and conditions for using individual applications are hereinafter referred to as "Terms and Conditions."
The contract is concluded with OpitzWorks, Stockhauser Str. 17, 42929 Wermelskirchen. Further information can be found in the legal notice.
2. Subject of Contract and Use of mejay.io
2.1 As a service, mejay.io pursues the purpose of simplifying the work of an artist (e.g., disc jockey) through better channeling of communication with their audience.
2.2 In particular, mejay.io aims to enable its users to find new customers more easily. For this purpose, various personal information may be published on the mejay.io websites. The user consents to this publication by creating a "public profile." The user has full control over the mentioned data and the publication status of their profile through various settings.
3. Usage Requirements, Contract Conclusion, and Representations at Contract Conclusion
3.1 If the user uses an application of the mejay.io service, a user account is created for the user if one does not already exist. This establishes the contract for using mejay.io between the user and mejay.io.
3.2 The possibility of using the applications offered on the mejay.io websites does not constitute an offer, but only an invitation to submit an offer. By completing the booking process, the user submits an offer to conclude the contract for using the corresponding mejay.io application. mejay.io accepts this offer from the user by providing the corresponding services. The contract between the user and mejay.io is only concluded through this acceptance. mejay.io is not obligated to conclude the contract. When using paid services, the user accepts the associated payment obligation by clicking on the confirmation field offered in this case.
3.3 The user represents that all information has been provided truthfully and completely and agrees to the obligation to keep this information current throughout the period of using mejay.io.
3.4 The user represents that they are of legal age. In the event that the user acts for a legal entity, the user represents that they are authorized to act on behalf of the legal entity. The user will provide evidence of the representations made pursuant to this clause upon request by mejay.io.
3.5 mejay.io cannot determine with certainty whether a user registered on the mejay.io websites is actually the person the user claims to be. mejay.io therefore provides no guarantee for the identity of a user.
4. Right of Withdrawal for Consumers
Withdrawal Notice
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days from the day of contract conclusion without giving reasons. To exercise your right of withdrawal, you must inform mejay.io of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).
This should be addressed to:
OpitzWorks
Stockhauser Str. 17
42929 Wermelskirchen
Email: info@mejay.io
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.
If the service has already begun at your request during the withdrawal period, you must pay us a reasonable amount. This corresponds to the proportion of services already provided up to the time you inform us of exercising the right of withdrawal regarding this contract, compared to the total scope of services provided for in the contract.
Exclusion of the Right of Withdrawal
The right of withdrawal does not exist if, when concluding the legal transaction, you act predominantly in the exercise of your commercial or independent professional activity and you are therefore to be regarded as an entrepreneur (§ 14 BGB). The right of withdrawal vis-à-vis mejay.io does not apply to contracts concluded not between you and mejay.io, but between you and a third party. Any rights of withdrawal in this regard can only be exercised against the third party.
Further Important Information
You expressly agree that we begin the execution of the service before the end of the withdrawal period.
5. General Obligations of the User
5.1 The user is obligated to provide only true and non-misleading information. The use of a pseudonym or stage name is only permitted within the "public profile."
5.2 As an avatar or profile picture, the user may only use a photo in which they are clearly and distinctly recognizable.
5.3 For all photos or graphics uploaded by the user, the user must have all necessary rights for their use. The user will prove these rights to mejay.io upon request. The user indemnifies mejay.io from all third-party claims that may arise from a missing right.
5.4 When using mejay.io websites, applicable law as well as all third-party rights must be observed. In particular, the user is prohibited from:
- Using, offering, or promoting pornographic, glorifying violence, abusive, immoral, or youth protection law-violating content
- Using offensive or defamatory content
- Using legally protected content without being authorized to do so
- Undertaking or promoting anti-competitive actions
5.5 mejay.io is not obligated to make data or information provided by the user available to other users if this data or information does not comply with clauses 5.1 and 5.2. mejay.io is entitled to remove data or information that is inadmissible according to clauses 5.1 and 5.2 from the mejay.io websites without prior notice to the user.
6. Changes to Services
6.1 mejay.io reserves the right to change the services offered on the mejay.io websites or to offer different services, provided this is reasonable for the user.
6.2 mejay.io further reserves the right to change the services offered on the mejay.io websites or to offer different services,
- if the change is only advantageous for the user or if the change is of a purely technical or procedural nature without significant impact on the user
- if mejay.io is obligated to establish compliance of the services offered by mejay.io with the law applicable to the services, especially if the applicable legal situation changes
- if mejay.io thereby complies with a court ruling or administrative decision directed against mejay.io
- if the respective change is necessary to close existing security gaps
6.3 Changes with only minimal impact on the functions of mejay.io do not constitute service changes within the meaning of this clause. This applies in particular to changes of a purely visual nature and mere changes to operation.
7. Changes to the Terms and Conditions
7.1 mejay.io reserves the right to change these Terms and Conditions at any time without stating reasons, provided this is reasonable for the user. mejay.io will inform the user about changes to the Terms and Conditions in good time. If the user does not object to the validity of the new Terms and Conditions within six (6) weeks after notification, the amended Terms and Conditions are deemed accepted by the user. mejay.io will inform the user in the notification of their right to object and the significance of the objection period.
7.2 mejay.io further reserves the right to change the Terms and Conditions,
- if the change is only advantageous for the user
- if the change is purely technical or procedural and has no significant impact on the user
- insofar as mejay.io is obligated to establish compliance of the Terms and Conditions with applicable law, especially if applicable law changes
- insofar as mejay.io thereby complies with a court ruling or administrative decision directed against mejay.io
- insofar as mejay.io introduces additional, entirely new services, services, or service elements that require a service description in the Terms and Conditions and the existing user relationship is not adversely changed as a result
mejay.io informs about such changes to the Terms and Conditions on the mejay.io websites and by email.
7.3 The user's right of termination remains unaffected by changes to the Terms and Conditions in any case.
8. Fees, Billing, Invoicing, and Payment Terms
8.1 The user can settle invoices using the payment methods offered by mejay.io. If an invoice amount cannot be collected, the user bears all costs arising from this for mejay.io if the user is responsible for the event.
8.2 mejay.io is free to transmit invoices and payment reminders exclusively electronically.
8.3 Fees for paid application packages are immediately due for payment upon invoicing for the entire term.
8.4 mejay.io reserves the right to change the fees and usage scope for application packages at the end of the paid term. mejay.io will inform the user about the change in good time. The user generally has the option to cancel their package booking at any time. The booking of the respective package will then not be renewed with the next billing period.
9. Term, Termination of Contract, and Sanctions
9.1 If no separate provisions regarding the term and termination of individual applications conflict, the contractual relationship can be terminated by both parties at any time.
9.2 Paid application packages initially run for the period booked by the user. Thereafter, the booked package automatically renews unless the user cancels in due time via the corresponding function in their account settings under "Plan."
9.3 Even if separate provisions regarding term and termination exist, both parties have the right to terminate the contractual relationship extraordinarily at any time without observing a notice period if there is good cause. Good cause for extraordinary termination exists if continuing the contractual relationship until the expiry of the statutory notice period is unreasonable for the terminating party. Good causes for mejay.io include in particular the following events:
- User's violation of legal regulations
- User's failure to comply with their contractual obligations
- the public perception of mejay.io is significantly impaired by the user's presence on the platform
9.4 If good cause exists according to clause 9.3, mejay.io may, apart from termination according to clause 9.3, also impose the following sanctions against the user:
- Exclusion of a channel created by the user from public search
- Deletion of user content
- Blocking the user's access to the mejay.io websites
- Issuing a warning
9.5 The user has no claim to the refund of fees already paid in advance upon termination. Excluded from this regulation is termination by the user for good cause for which mejay.io is responsible. The claim to refund of fees already paid in advance is also excluded if mejay.io terminates for good cause or blocks the user's access according to clause 9.4.
10. Responsibility for User Data, Content, and Information
10.1 mejay.io assumes no responsibility for the content, data, or information provided by users of the mejay.io websites, nor for content on linked external websites. mejay.io does not guarantee in particular the truth of this content or that this content fulfills a specific purpose or can serve it.
10.2 If the user notices unlawful or contractually improper use of the mejay.io websites, they can report it.
10.3 Regarding data or content that is or was publicly available according to the Terms and Conditions, the data protection provisions, or the user's settings, mejay.io is not obligated to prevent storage by third parties.
11. Availability
The user acknowledges that 100% availability of the mejay.io websites is technically not feasible. mejay.io strives to keep the mejay.io websites available as constantly as possible. Particularly maintenance, security, or capacity concerns and events beyond mejay.io's control (e.g., disruptions to public communication networks, power outages, etc.) may cause disruptions or temporary suspension of the service on the mejay.io websites.
12. Liability of mejay.io
12.1 In the event of slightly negligent breach of essential contractual obligations, mejay.io's liability is limited, except in the cases of clause 12.2, to the amount of contractually typical and foreseeable damage. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of a contract in the first place and on whose compliance the contracting parties may regularly rely. Otherwise, mejay.io's liability is excluded.
12.2 Liability under the Product Liability Act remains unaffected.
13. Data Protection
13.1 Collection, processing, or use of personal data only takes place if the user has given their consent or this is legally permitted. Use of personal data based on legal permission occurs in connection with the fulfillment of mejay.io's contractual obligations towards users.
14. Applicable Law, Jurisdiction, and Miscellaneous
14.1 mejay.io may transmit declarations to the user by email, fax, or letter, unless otherwise regulated in the Terms and Conditions.
14.2 mejay.io does not participate in a dispute resolution procedure of a consumer arbitration board.
14.3 mejay.io may use subcontractors. mejay.io remains responsible for the fulfillment of the contractual obligations assumed by mejay.io when using subcontractors.
14.4 mejay.io is entitled to transfer rights and obligations in whole or in part to third parties.
14.5 The place of performance is the registered office of mejay.io.
14.6 The place of jurisdiction for merchants within the meaning of the Commercial Code is the registered office of mejay.io.
14.7 German law applies.
15. Severability Clause
Should individual provisions of this contract be or become invalid or unenforceable, or become invalid or unenforceable after contract conclusion, the validity of the remainder of the contract remains unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.