Terms of Service

Agreement to these Terms

These Terms of Service (“Terms”) are a legal agreement between you and Shmusik, LLC (“Shmusik,” “we,” “us,” or “our”). They govern your use of the Shmusik mobile app, the website at www.shmusik.com, live streams, and related services (together, the “Services”).

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

Eligibility

You must be at least 13 years old to use the Services. If you are under 18, or under the age of majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who agrees to these Terms.

Your account

You agree to give accurate information when you create an account and to keep it up to date. You are responsible for keeping your password and verification codes confidential and for all activity under your account. Tell us right away at info@shmusik.com if you believe your account has been used without permission.

You may not share your account, create an account for someone else without permission, or create an account if we have previously removed you from the Services.

Sign-in verification

To protect your account, we may ask you to verify your identity when you sign in. If you choose to receive a verification code by text message, our separate SMS Terms describe that program, including how to get help and how to opt out.

Content you post

You keep ownership of the posts, comments, messages, images, and other content you submit (“Your Content”). By submitting Your Content, you grant Shmusik a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute Your Content solely to operate, provide, and improve the Services. This license ends when you delete Your Content or your account, except where Your Content has been shared with others who have not deleted it, or where we must keep it for legal reasons.

You are responsible for Your Content and confirm that you have the rights needed to post it and that it does not violate these Terms or anyone else’s rights.

Community rules

To keep Shmusik a good place for everyone, you agree not to:

• harass, bully, threaten, or impersonate anyone, or post hateful, violent, sexually explicit, or illegal content;
• post content that infringes someone’s copyright, trademark, privacy, or other rights;
• record, rebroadcast, or redistribute live streams or other Shmusik content without permission;
• send spam or unauthorized advertising, or run scams;
• interfere with, disrupt, scrape, or reverse-engineer the Services, or try to access accounts or systems without authorization; or
• use the Services in violation of any law.

You can report content or users in the app. We may review reported content and may remove content or restrict accounts that we believe violate these Terms.

Live streams and performances

Live performances are provided by artists and other third parties. Show times, line-ups, and availability may change. Stream quality depends on factors such as your internet connection and device, and we do not guarantee that any stream will be uninterrupted or error-free.

Purchases and donations

Some features, such as access to certain concerts, require payment. You may also choose to make donations. Prices are shown before you pay. Payments are processed by our payment processor, Square, and are subject to Square’s terms. You authorize us and Square to charge the payment method you provide for the amount shown.

If a paid concert is canceled and not rescheduled, we will refund the amount you paid for it to your original payment method. Otherwise, purchases and donations are final and non-refundable, except where required by law. If you believe you were charged in error, contact us at info@shmusik.com.

Our intellectual property

The Services, including the Shmusik name, logo, software, and design, are owned by Shmusik or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use the Services for your own non-commercial entertainment.

Ending your use of the Services

You can stop using the Services and delete your account at any time. We may suspend or end your access if you violate these Terms, if required by law, or if needed to protect the Services or other users. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and dispute terms.

Third-party services

The Services may link to or rely on third-party services, such as app stores and payment processors. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SHMUSIK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SHMUSIK AND ITS OFFICERS, EMPLOYEES, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR $100.

Indemnity

You agree to defend, indemnify, and hold harmless Shmusik from any claims, damages, and expenses (including reasonable attorneys’ fees) arising from Your Content or your violation of these Terms or of anyone’s rights.

Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the jurisdiction of those courts.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you in the app or by email before they take effect. Continuing to use the Services after the changes take effect means you accept the updated Terms.

Contact us

Questions about these Terms can be sent to: