Terms of Service

These Terms of Service ("Terms") are a binding agreement between you ("you" or "User") and SWIVEL LIVE LLC, a Florida limited liability company ("Swivel," "we," "us") governing your access to and use of the Swivel website, mobile experience, and related services (collectively, the "Platform").

By creating an account, you agree to these Terms and to our Privacy Policy. If you do not agree, do not create an account or use the Platform.

Swivel is a campus-only marketplace that connects three kinds of users:

• DJs — students who create a profile to be discovered and booked for events.
• Bookers — students or student organizations who book DJs for parties, formals, socials, and similar events.
• Venues — campus bars and similar venues, manually approved by Swivel, who post gigs and book DJs directly.

Swivel is a marketplace and payment facilitator, not an event organizer, employer, or talent agency. Swivel does not supervise, direct, or control how a DJ performs, and DJs are not employees, contractors, or agents of Swivel. Swivel is not a party to the actual booking arrangement between a DJ and a Booker or Venue — we provide the platform, verification, and payment rails that let that arrangement happen safely.

• DJs and Bookers must sign up with a valid .edu email address issued by their university and must be a current student at that university. Every account is permanently tied to one campus at signup.
• Venues are manually reviewed and approved by Swivel before their account is activated; a .edu email is not required for a Venue account.
• You must be at least 18 years old to create any account on Swivel.
• You must provide accurate registration information and keep it current. Impersonating another person, misrepresenting your university affiliation, or creating an account on behalf of someone else is a violation of these Terms.
• Your account role (DJ, Booker, or Venue) is permanently set at signup and cannot be changed. If you need a different role, create a new account with a different email.

You're responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately at swiveladmin@gmail.com if you suspect unauthorized access. Swivel is not liable for losses caused by unauthorized use of your account that results from your failure to safeguard your credentials.

• DJs may upload a bio, avatar photo, sample mixes, genres, pricing, and availability. DJ profiles are publicly visible on the Platform, including to logged-out visitors browsing that campus.
• By uploading a mix, photo, or other content ("Content"), you represent that you own it or have the rights to share it, and you grant Swivel a non-exclusive, worldwide, royalty-free license to host, display, stream, and promote that Content on the Platform (including in marketing) for as long as your account or the Content remains active.
• You're solely responsible for your Content, including obtaining any needed licenses for music you upload or perform.
• Swivel may remove Content that violates these Terms or applicable law at any time.

Swivel ranks DJs on a campus leaderboard using a scoring formula that combines factors like profile completeness, likes, recency, and reviews. The leaderboard is a discovery tool, not a certification of skill or a guarantee of bookings, and the scoring formula may change at any time without notice.

7.1 How a paid booking works

A Booker or Venue sends a booking request with an agreed price. If the DJ accepts, Swivel authorizes a charge on the Booker's or Venue's payment method via our payment processor, Stripe. Funds are held, not paid out, until the event date. After the event, funds are captured and transferred to the DJ, minus Swivel's commission (Section 7.2), via the DJ's own Stripe Connect account.

7.2 Fees

• Bookers/Venues are charged the agreed price plus a 5% platform commission.
• DJs receive the agreed price minus a 10% platform fee.
• Fees are calculated at the time of booking and may change for future bookings; changes will be reflected in the price shown before you confirm a booking.

7.3 Free gigs

A DJ may choose, at their sole discretion, to accept a gig with no charge (e.g., for charity events or to build a portfolio). Free gigs are not processed through Stripe and carry no payment protection under Section 7.4, since no payment occurs.

7.4 Cancellations & refunds

• If a booking is declined or cancelled before the event, any card authorization is released and the Booker/Venue is not charged.
• If a booking is cancelled after payment has been captured but before the event, the Booker/Venue is refunded.
• If a booking is cancelled after the event has occurred and the DJ has already been paid, the payment is not automatically refunded. Contact swiveladmin@gmail.com to resolve a dispute about a completed event.
• Swivel does not guarantee a DJ will show up or perform to a Booker's satisfaction, or that a Booker/Venue will pay promptly or honor the arrangement; disputes between Users are primarily between those Users, with Swivel providing dispute assistance on a best-efforts basis, not as a guarantor.

7.5 DJ payouts

DJs must complete Stripe Connect onboarding (including identity verification required by Stripe and applicable law) before receiving payouts. Swivel is not responsible for delays or issues caused by Stripe's onboarding or payout process. DJs are independent earners responsible for their own tax reporting on income earned through the Platform.

Venue accounts are reviewed and approved manually. Swivel may decline to approve, or may revoke approval of, any Venue account at its sole discretion — including for policy violations, complaints, or failure to honor bookings. An unapproved or revoked Venue cannot post gigs or receive applications on the Platform.

After a booking is completed, both the DJ and the Booker/Venue may leave a public review of each other. Reviews must be honest and based on an actual completed booking. Swivel may remove reviews that are fraudulent, abusive, or violate these Terms, but is not obligated to monitor, verify, or remove every review, and is not liable for the content of User-submitted reviews.

You agree not to:

• Circumvent Swivel's booking or payment system (e.g., agreeing to a Platform booking, then paying off-platform to avoid fees);
• Provide false information about your identity, university affiliation, age, or the nature of an event;
• Harass, threaten, or discriminate against another User;
• Use the Platform for any unlawful purpose, including booking or offering entertainment for an event involving illegal activity;
• Upload Content you don't have the rights to, or that infringes another party's intellectual property;
• Attempt to access another User's account, scrape the Platform, or interfere with its normal operation;
• Charge or attempt to charge a payment method without authorization.

Violation of this section may result in content removal, suspension, or termination under Section 14.

The Platform is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Swivel does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any DJ, Booker, or Venue will perform as expected. Swivel is not responsible for the conduct of any User, on or off the Platform, including at any event booked through Swivel.

To the maximum extent permitted by law, Swivel's total liability to you for any claim arising from these Terms or your use of the Platform will not exceed the greater of (a) the fees you paid to Swivel in the 12 months before the claim, or (b) $100. Swivel is not liable for indirect, incidental, special, or consequential damages, including lost profits or a ruined event.

Some jurisdictions don't allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, Swivel's liability is limited to the smallest extent permitted by law.

You agree to indemnify and hold Swivel harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising from your use of the Platform, your Content, your violation of these Terms, or your violation of any law or third-party right.

Swivel may suspend or terminate your account at any time, with or without notice, for violation of these Terms, suspected fraud, or to protect the Platform or its Users. You may delete your account at any time by contacting swiveladmin@gmail.com. Sections that by their nature should survive termination (Fees already earned, Content license, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution) survive.

Any dispute arising from these Terms or your use of the Platform will be resolved by binding individual arbitration under the American Arbitration Association's Consumer Arbitration Rules, seated in Gainesville, Florida, rather than in court. You and Swivel each waive the right to a jury trial and to participate in a class action.

Exceptions: Either party may bring an individual claim in small claims court instead of arbitration. Either party may also seek injunctive or equitable relief in court to stop unauthorized use of the Platform or infringement of intellectual property rights.

Opt-out: You may opt out of this arbitration agreement by emailing swiveladmin@gmail.com within 30 days of creating your account, from the email address on your account, stating that you opt out of arbitration. If you opt out, disputes will instead be resolved in the state or federal courts located in Gainesville, Florida, and you and Swivel each still waive the right to a class action.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Swivel may update these Terms from time to time. If we make material changes, we'll notify you (e.g., by email or an in-app notice) before the change takes effect. Continuing to use the Platform after a change takes effect means you accept the updated Terms.

Questions about these Terms: swiveladmin@gmail.com