Terms & Conditions
The following Terms & Conditions apply to all registered users of the ShomoLive website ("you" or "your") operated by ShomoLive, Inc. ("ShomoLive") that utilize the content, features, services and/or offerings on shomolive.com (the "Website"). By using the Website and registering as a user, you agree to be bound by these rules and regulations, as they may be modified by ShomoLive at any time and posted on the Website. In the event of a violation of these Terms & Conditions, ShomoLive reserves the right to seek all remedies available by law and in equity.
Limited License to ShomoLive Materials
In connection with the creation, hosting, maintenance and/or display of the Website, ShomoLive uses certain ShomoLive proprietary materials or other materials licensed to ShomoLive, including, but not limited to, software, HTML code, scripts, text, artwork, photographs, images, video, audio, (both music and lyrics), trademarks, service marks, trade names (collectively, "Materials") that are protected by copyright and trademark laws and other U.S. and international laws and treaties. ShomoLive provides all Materials as a service to its visitors and users and such Materials may be used solely for your informational purposes. No right, title or interest in the Materials is conveyed to you, and you must retain all copyright and other proprietary notices contained on the Materials. Your limited license to use the Materials for your informational purposes is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of its Materials without our prior written permission; (b) you may not access or use the Website for any commercial purpose that competes with ShomoLive; and (c) you will not permit any copying of the Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is strictly prohibited. ShomoLive may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by ShomoLive.
Prohibited Use of Website
You shall not post, transmit, redistribute, upload or promote any materials on the Website that:
- violate or infringe in any way upon the rights of others, including without limitation copyrights, trademarks and other proprietary rights of another (including without limitation, stolen, counterfeited, fraudulent or otherwise illegal items and/or services);
- contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer;
- are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;
- contain chain letters or pyramid schemes;
- contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities (other than offering of services through the network, such as babysitting services and other household services);
- impersonate any person, business or entity, including our company and our employees and agents;
- encourage conduct that would constitute a criminal offense;
- give rise to civil liability or otherwise violate any law; or
- undertake any conduct that, in the judgment of ShomoLive, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or our related services.
The Website permits the submission of communications and content (such as photos and music) by you and other users ("User Submissions") and the hosting, sharing, displaying, distributing and/or publishing of such User Submissions. You understand that such User Submissions may be accessed and viewed by others including the public in general and whether or not such User Submissions are published, ShomoLive does not guarantee any confidentiality with respect to any User Submissions. By submitting a User Submission, you hereby grant ShomoLive, its affiliates, distributors, successors and assigns the right to use, copy, display, perform, distribute, adapt, modify and promote such User Submissions in any medium in connection with the operation and promotion of the Website.
You shall be solely responsible for your own User Submissions and the consequences of distributing or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by the User Submissions), consents, and permissions to use and authorize ShomoLive to use such User Submissions in accordance with the license granted to ShomoLive above and as contemplated by the Website and these Terms & Conditions; and (b) you have the written consent, release and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms & Conditions. For clarity, ShomoLive does not claim ownership of your User Submissions.
ShomoLive does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ShomoLive will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. ShomoLive reserves the right to remove User Submissions without prior notice. ShomoLive may also terminate a user's access to its Website if infringing activity is discovered. ShomoLive also reserves the right to decide whether a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material or excessive length. ShomoLive may remove such User Submissions and/or terminate your access to the Website for uploading such material in violation of these Terms & Conditions at any time, without prior notice and in its sole discretion.
You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that ShomoLive is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShomoLive with respect thereto.
Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Submission, Materials or other content infringes upon your copyrights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the profile in which it has been published;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Our agent for notice of claims of copyright infringement on this site can be reached as follows: ShomoLive, Inc., 222 S. Church Street, Suite 300, Charlotte, NC 28202. You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
If you have a dispute with one or more users, you release ShomoLive (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes and/or your transactions with bands or venues. ShomoLive will not, and has no obligation to, participate in any manner or resolve a dispute between or among users of the Website.
Disclaimer of Warranty
The Website and related services are provided to visitors and users "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL SHOMOLIVE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THE WEBSITE OR ANY OTHER RELATED SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES LOST PROFITS OR REVENUES, PERSONAL INJURY AND/OR DAMAGE TO PROPERTY, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION VIEWED, EVEN IF SHOMOLIVE IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
Consent to Electronic Delivery of Notices
By agreeing to these Terms & Conditions, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms & Conditions or your use of the Website and related services (collectively, "Notices") electronically from ShomoLive. You agree that ShomoLive may send you electronic Notices by (a) e-mail to an e-mail address you provide to ShomoLive, and/or (b) by posting the Notices on a main page of the Website or other webpage designated by ShomoLive for this purpose. You must check your designated e-mail address regularly for Notices from ShomoLive. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from ShomoLive is effective when sent by ShomoLive, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Website.
These Terms & Conditions shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, for any action, suit or proceeding arising out of or relating to these Terms & Conditions or your use of the Website.
ShomoLive or its users may offer links to websites operated by third parties. ShomoLive does not control and is not responsible or liable for the content, advertising, products, or other materials on or available from such third party sites. Your access to such sites is at your own risk and ShomoLive disclaims all liability arising out of or in any way connected to your access of such third party sites. None of such links should be deemed to imply that ShomoLive endorses the third party sites or any content on such sites.
The Website is controlled and offered by ShomoLive from its facilities in the United States. ShomoLive makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ShomoLive, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShomoLive without restriction.
Changes to Website and Termination of Accounts
ShomoLive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, services and features available on the Website (or any part thereof) with or without notice. You agree that ShomoLive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or services and features of the Website (or any part thereof).
You may cancel your registration on the Website at any time by sending an email to firstname.lastname@example.org that includes your name and the email address associated with your account. ShomoLive may in its sole discretion terminate your account and your participation on the Website at any time for violation of these Terms & Conditions. You acknowledge and agree that upon cancellation or termination ShomoLive is under no obligation to continue to publish your User Submissions and we may immediately delete your profile and other information and bar current or future use of the Website. ShomoLive's proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.
Changes to Terms & Conditions
ShomoLive reserves the right, from time to time, to change these Terms & Conditions in our sole and absolute discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" located at the bottom of the pages of the Website. The most current version of the Terms & Conditions will supersede all previous versions. We will provide at least thirty (30) days' notice before any material changes take effect. If you disagree with such changes simply discontinue your use of the Website and/or applicable services before the changes take effect. Your use of the Website and/or continued use of our service after changes are made signifies your agreement to such changes.
Terms & Conditions effective January 1, 2014