User Terms and Conditions of Use

Last updated: April 2024

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Welcome to sesh! 

These Terms and Conditions of Use ("Terms") governs the use of sesh (also referred to as the “App”) including sesh features and functionalities such as Communities, Sessions, APIs and Streaming Parties (“Services”), by Users (as defined in Section 1 below) via any device. 

PLEASE READ OUR PRIVACY POLICY AS WELL AS THESE TERMS CAREFULLY BEFORE CREATING AN USER ACCOUNT ON SESH, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, LIMITATIONS ON OUR LIABILITY. BY CREATING A SESH ACCOUNT YOU ARE TELLING US THAT YOU AGREE WITH THE TERMS OF BOTH OUR PRIVACY POLICY AS WELL AS THESE TERMS WHEN YOU CREATE AN ACCOUNT, 

If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

This document has been drafted in English and is provided to Users in different languages, based on their geographic location. In the event of disputes or litigation, all versions shall be deemed authentic, but for legal purposes the text in English is to be given priority of interpretation.

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1. Definitions

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2. About these Terms 

These Terms constitute a legally binding agreement between you and COLKIE TECHNOLOGY, S.L. located at C / General Asensio Cabanillas 27, 28003, Madrid, Spain, company number B05387345 ("COLKIE", “we”, “us” or “our”).  

Our and Privacy Policy forms part of this Terms and you agree to be bound by it when accepting these Terms when registering for a User Account on sesh or when notified by us.

The following additional terms may apply to you when you request COLKIE to convert your User Account into an Artist Account:

• Artists’ Terms and Conditions

If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.

IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ALL THE TERMS - OR IF THE INDIVIDUAL ACCEPTING THESE TERMS ON BEHALF OF YOU DOES NOT HAVE AUTHORITY TO BIND YOU -, THEN YOU WILL NOT BE AUTHORIZED TO ACCESS OR USE YOUR USER ACCOUNT.

THESE TERMS ARE BINDING AS OF THE DATE THAT YOU ACCEPT THEM.

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3. Contact Details 

sesh is operated by COLKIE. To contact us with any questions about the use of sesh, please email us at support@joinsesh.app . If you are unable to contact us by email, please write to us at the following address: C / General Asensio Cabanillas 27, 28003, Madrid, Spain.

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4. Setting up your Account on sesh

To access sesh and join the Community of your favorite Artist, you must create a User Account on sesh.  

You will need to provide us your telephone number and choose a unique username. 

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4.1 How to choose a username

Username can contain letters (a-z), numbers (0-9) and underscores. Your username is used to log in to your account and is visible when you interact with other Users in sesh (for example, when you publish a Comment within a Community).

Your username shall respect the following requirements:

• It must include at least 2 characters and no more than 30 characters.
• It must not contain offensive, racist, sexual, defamatory, abusive, discriminatory, or otherwise inappropriate content such as hate speech, harassment, or explicit language.
• It must not be similar or identical to other sesh usernames the name of an Artist or his/her username on sesh.
• It must not include the word "official".

You may be required by COLKIE to select a new username if the one you chose does not meet the requirements set up in this Section.

We reserve the right to terminate, without prior notice, your User Account if you do not promptly change the username found to be in violation of these Terms.

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4.2 How to change your username

You will be able to change your username using the Account Configuration Section of sesh. However, you must have not changed your username in the last 30 days. 

Changing your username will not affect your activity on sesh or your Community: other Users will simply see a new username associated to your Content and next to your profile photo when you interact on sesh.

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4.3 Telephone Number

During the account registration process, we will send a code by SMS to verify that you are the person accessing your account and to predict your country.

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4.4 Account security

You shall take reasonable steps to keep your Account confidential. If you know or suspect that any third party has accessed your Account without your authorization, please send an email at support@joinsesh.app

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5. Age Requirement 

Sesh has a minimum “Age Requirement” in different countries: 

-If you are outside of the United States, you must be at least 13 years old to use the App and to comply with the sesh Age Requirement

- If you are in the United States, you must be 16 or older to use the App, including the including all Communities and Sessions, and all other opportunities organized through the App.  The sesh Age Requirement for User in the United States is for those Users who are not: 

• Under the age of 16
• In a jurisdiction that makes it illegal to process data for children under the age of 16
• Requires parental consent to process their children’s personal data.

COLKIE does not knowingly collect, share or use personal data under the applicable Age Requirement in any country or region. If you are a parent or guardian of a child under the Age Requirement described above and become aware that your child has provided personal information to sesh, please contact us immediately.

When using a shared device with the App, please be cautious about playing or recommending any inappropriate content to children of any age.

If we learn that we have collected the personal information of a child under the applicable Age Requirement, we will take reasonable steps to delete such personal data. 

If we have reasonable suspicion that you are underage or allowing someone underage to use your account, we reserve the right to terminate your account. If you believe that we have made a mistake about your age, you can appeal our decision at support@joinsesh.app .

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6. What you can do on sesh

Under these Terms, you can use the App in order to:

1. Join one or more Communities;
2. create and share your Content within the Communities;
3. interact with other Users within the Communities;
4. view Content created by other Users;
5. request entry to events organized by Artists; and
6. use the Services (Streaming Parties, Sessions etc.) as provided to you from time to time.

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7. Misuse of sesh  

You agree you will not misuse the app or the Services. You agree you will not:

• do anything illegal, unethical or contrary to public security;
• infringe our or someone else’s rights, including intellectual property rights, personality rights, unfair competition and data protection rights;
• impersonate us, one of our employees, an Artist, or any other User, person or company;
• falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company;
• make unauthorized use of other Users’ Content or anyone else's information.
• post or cause to be posted spam or Content which has the intention or effect of illegally increasing yours or any other User's views or interactions;
• use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
• reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under these Terms;
• extract money or another benefit from anyone else in exchange for removal of Content; and/or

You also may not do any of the following while accessing or using the app:

• knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content or into sesh which is or may be malicious or technologically harmful;
• use any kind of external software tools that could infect or damage another User’s computer or affect or disrupt the normal operation of sesh and/or the Services.
• decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of sesh;
• extract, scrape, collect, harvest or gather Content from sesh without our authorization;
• interfere with any other User’s use of sesh, including their ability to engage in real-time or livestream activities.

It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage violation of these Terms.

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8. Your Content

You are responsible for the Content that you make available on sesh and you should have all the rights needed to post, display, upload, publish or share your Content on the App.

We are not responsible for and do not endorse any Content posted by you on sesh. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise. 

To maintain a safe, respectful, and positive environment in sesh, we may decide to review your Content proactively and reactively. To do this we will deploy human moderators. 

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8.1 Warranties

You warrant (which means that you make a legally enforceable promise to us) that:

1. You own the Content (and all intellectual property rights in it) you post, display, upload or publish or you have a valid license to post, display, upload or publish it on sesh;
2. Content posted, displayed, uploaded or published by you on sesh comply in full these Terms;
3. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in sesh and for the subsequent use of that Content on sesh; and

You agree that you will be liable to us and indemnify us if any of the above-mentioned warranties are untrue. This means you will be responsible for any loss or damage (including loss of profit), out of pocket costs and attorney’s fees  we may incur  as a result of any of the warranties being untrue.

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8.2 How you should interact with other Users

When interacting with other Users, you must not upload, post, display, or publish Content that:

1. is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity;
2. shows, includes or refers to minors; 
3. shows, includes or refers to other individuals, unless you have written documentation which confirms that all individuals shown or included or referred to in your Content have granted their consent to you to use their name or images (or other personal information) in sesh;
4. promotes, advertises or refers to firearms, weapons, goods whose sale, possession or use is subject to prohibitions or restrictions, drugs, self-harm or suicide, bestiality, sex, violence, rape, hypnosis, intoxication, torture, abuse, prostitution;
5. causes or is calculated to cause inconvenience, or anxiety to anyone or which is likely to upset, embarrass, or cause serious offence;
6. contains, promotes, advertises or refers to hate speech;
7. vilifies, humiliates, dehumanizes, excludes, attacks and threatens other individuals;
8. incites hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristics;
9. contains or refers to personal, private or confidential information regarding other people.

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8.3 Removing your Content

We reserve the right to remove or restrict access to Content that violates these Terms. We may also decide to take any of the actions listed below: 

1. send you a warning message;
2. request you to correct your Content;
3. restrict your Account by blocking your access to sesh, or
4. notify local authorities about your activity if there is a threat to someone’s life or safety.

If you think we have made a mistake in removing or restricting access to your content, or in taking any corrective action, you can send an email to support@joinsesh.app . We will review our decision and decide again. 

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8.4 Blocking your Account

We reserve the right to temporarily block your Account in the following cases:

• You repeatedly breach these Terms after corrective actions have been taken;
• You commit a serious breach of these Terms, such as providing incorrect, false, or misleading information on your Account;
• You abuse the Services;
• You engage in suspicious activity related to safety, legal concerns, minors, or security threats.

When we say that we “block” your Account, we mean that, without needing to obtain any consent from you and without giving any prior notice to you, we will temporally disable access to your Account. If we block your Account, you may request a review of our decision by contacting us at support@joinsesh.app . 

We will not be responsible for any loss suffered by you arising from the block of your Account or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content.

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8.5 Termination

We reserve the right in our sole discretion to terminate your Account, as well as your Content, without prior notice, in the following cases:

1. you have or may have seriously or repeatedly breached any part of these Terms or attempt or threaten to breach any part of these Terms in a way which has or could have legal consequences for us or serious consequences for Users;
2. you have created risk or possible legal exposure for us;
3. unlawful conducts; 
4. prolonged inactivity; or
5. you have caused or your activity is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation for us or sesh.

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We can investigate any suspected or alleged misuse, abuse, or unlawful use of sesh and cooperate with law enforcement agencies or authorities in such investigation.

We can disclose any information or records in our possession or control about your use of sesh to law enforcement agencies or authorities in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. If you believe your account was terminated in error you can send an email to support@joinsesh.app .

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9. Intellectual Property

You confirm that you own all intellectual property rights in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us in any territory in which sesh is accessible.

You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of sesh. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content. The license which you grant to us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. 

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10. Your license

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the app and the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of sesh and the Services as provided in the App, in the manner permitted by these Terms or applicable laws. 

The App is protected by copyright and trademark. Nothing in the Terms gives you a right to use the sesh name or any of the sesh trademarks, logos, domain names, other distinctive brand features, and other proprietary rights, without our prior consent. 

All right, title, and interest in and to the Services (excluding Artist Content and Fans Content) are and will remain our exclusive property. 

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11. Account Deleting

You may delete your Account at any time and free of charge by using the Account Configuration Section of sesh.

Once your Account has been deleted, you won’t be able to access to our App using your Account. However, you may decide to create a new Account in sesh at any time. 

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12. Disclaimer

Your access to and use of the App and the Services are at your own risk. You understand and agree that the App and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. 

COLKIE make no warranty or representation and disclaim all responsibility and liability for:

1. the completeness, accuracy, availability, timeliness, security or reliability of the App, of the Services or of any Content; 
2. any harm to your computer system, loss of data, or other harm that results from your access to or use of the App, or the Services or of any Content; 
3. the deletion of, or the failure to store or to transmit, any Content maintained, uploaded or published in the App, especially Communities or Sessions; and 
4. whether the App or the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from COLKIE or through the App or the Services, will create any warranty or representation not expressly made herein.

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13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM 

1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP OR THE SERVICES; 
2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS, ARTISTS OR THIRD PARTIES; 
3. MATERIAL AND IMMATERIAL DAMAGES CAUSED EXCLUSIVELY BY YOU BREACHING THESE TERMS; 
4. MATERIAL AND IMMATERIAL DAMAGES CAUSED EXCLUSIVELY BY YOU BREACHING ANY LAW OR REGULATION.
5. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER ACCOUNT. 

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14. Privacy

We are committed to protecting your privacy and ensuring that your personal information is handled responsibly and securely. By accepting these Terms, you agree to the collection, use, and disclosure of your information as described in our Privacy Policy. 

Please take a moment to review our Privacy Policy, which explains how we collect, use, and safeguard your information. If you do not agree with our Privacy Policy, please delete your Account and stop using sesh. 

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15. How we may change these Terms 

We may change any part of these Terms from time to time. We will give you reasonable advance notice of such changes and the date that they will come into force. 

The changes will only apply to our relationship going forward. 

You may stop using the App before the changes take effect. Once any updated Terms are in effect, you will be bound by them if you continue to use sesh.

We may make urgent changes without telling you beforehand in the following circumstances:

1. to reflect changes in laws and regulatory requirements, where such changes do not allow or require us to give reasonable notice to you; and
2. to address an unforeseen and imminent danger deriving fraud, malware, spam, data breaches or other cybersecurity risks.

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16. Disputes

These Terms are governed by Spanish Law.  

In the event of any dispute, controversy, or claim arising out of or relating to this agreement, its interpretation, performance, breach, termination, or validity, the parties shall endeavor to resolve it amicably. If an amicable resolution is not achieved within a reasonable period, all disputes, controversies, or claims shall be submitted to the exclusive jurisdiction of the courts of Madrid (Spain), expressly waiving any other jurisdiction that may apply.

If you are resident in the EEA, you can also raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution.

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