Terms and Conditions for

Shmuzy

Software Applications, Web Sites and Services

SHMUZY requires that you carefully read and agree to the following Terms and Conditions before using any SHMUZY software applications, websites and services. By accessing, browsing, or using SHMUZY websites or using any SHMUZY software applications or services, you accept and are bound by these Terms and Conditions. This document is subject to change by SHMUZY at any time. Use of SHMUZY software applications, websites and services after changes or modifications to these Terms and Conditions shall be deemed to constitute acceptance of such changes or modifications.

If you do not agree to these Terms and Conditions, you are not authorized to access or use SHMUZY software applications, websites and services, and you are to cease using our software applications, websites and services.

SHMUZY websites and software applications must be downloaded and accessed by individuals 18 years of age or older or children under supervision of an adult. Children accessing any SHMUZY website or using any SHMUZY software applications or services under this agreement must use them under adult supervision.

1. Prohibited Uses

In accepting these Terms and Conditions, you agree to not use SHMUZY applications, websites or services in connection with the following prohibited uses:

  1. Violations of Law: You are prohibited from using SHMUZY applications, websites or services in or in connection with criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements. You also agree not to infringe or violate the rights (including intellectual property, privacy, and publicity rights) of any other person(s). If such violations occur, SHMUZY may and will report such activities to the appropriate law enforcement agencies, regulators, or other third parties.
  2. Security Violations: You are prohibited from attempting or carrying out any activities that may harm the security of SHMUZY applications, websites or services. Any attempts may also result in criminal or civil liabilities to you. Such violations include but are not limited to:
    1. Logging into an account of another without permission.
    2. Downloading any applications without parental permission and supervision.
    3. Using any SHMUZY applications, websites or services without adult supervision.
    4. Impersonating another user of any SHMUZY software applications or websites.
    5. Accessing data of another or of SHMUZY, or taking any action to obtain services not intended for your use.
    6. Probing, scanning, or testing the vulnerability of SHMUZY applications, SHMUZY servers or SHMUZY computing infrastructure.
    7. Tampering, hacking, modifying, or attempting to corrupt or breach security or authentication measures of SHMUZY applications, SHMUZY servers or SHMUZY computing infrastructure.
    8. Transmitting material, electronic communications or electronic correspondence on, through or with SHMUZY applications, SHMUZY servers or SHMUZY websites that [a] contains viruses, Trojan horses, worms, time bombs, cancelbots, or [b] causes or attempts to cause “flooding,” “mailbombing,” “crashing”, DDOS attacks on any website or computing infrastructure or any other devices or otherwise damages or disrupts any website or computing infrastructure.
    9. Selling or giving access to your SHMUZY account to someone else.
    10. Collecting data on any SHMUZY users.
  3. Threats or Threatening behavior: You are prohibited from threatening or using SHMUZY software applications, websites or services to harass or threaten others. This includes downloading software applications for the sole purpose of harassing others.
  4. Offensive and/or Unlawful materials: You are prohibited from using SHMUZY software applications, websites and services in connection with unlawful purposes. You are also prohibited from using any SHMUZY software application, website or services for the propagation of offensive matter such as hate speech and pornography.
  5. Spam: You are prohibited from using SHMUZY software applications, websites and services in any way to perpetuate spam.
  6. Harassment: You are prohibited from using SHMUZY software applications, websites and services to harass or bother people.
  7. Miscellaneous Prohibitions: You also agree that you will not use SHMUZY software applications and SHMUZY websites to: (a) post or upload content meant to solicit; (b) infringe the intellectual property rights of others; (c) falsify, delete or mutilate author attributions or proprietary legal notices; (d) harvest, collect, accumulate or otherwise gather information about others, such information includes but is not limited to email addresses and personally identifying information.

SHMUZY reserves the right to determine in its sole discretion, whether a user has used the SHMUZY software applications, websites or services in an impermissible way. SHMUZY also reserves the right to terminate access to SHMUZY software applications, websites or services for any user SHMUZY determines is using the software application, websites and services for violation of any of the above or in a way deemed unfit. SHMUZY may or may not notify you before taking such action against you.

2. Intellectual Property

SHMUZY owns various copyrights in its software applications and websites, including in the text, software, computer code, photos, video, graphics, music and sound included and provided with the SHMUZY software applications and websites. Nothing in this agreement shall be construed as giving any user the permission to use or create derivative works of anything included in its software applications and websites. No copying, redistribution, retransmission, publication, exploitation (commercial or non-commercial) of the SHMUZY software applications, any SHMUZY websites and any related material is permitted without the express written permission of SHMUZY. Portions of the SHMUZY software applications and websites are protected by copyright, trade dress, trademark, and other state and federal laws. The SHMUZY software applications, websites and related materials may not be copied or imitated in whole or in part, by any means. SHMUZY holds trademark rights in the SHMUZY name. Nothing in this agreement shall be construed as granting by license, implication, estoppel or otherwise, any license or right to use any service mark or trademark owned or used by SHMUZY.

3. DMCA Policy

SHMUZY respects the intellectual property of others and expects that its users will do the same. If you are a copyright holder and believe that a SHMUZY software application or website is being used to infringe a copyright or includes items infringing your copyright, please provide a notice of alleged infringement to SHMUZY at dmca@shmuzy.com. The notice must include your name, email address, phone number, address, and any associated affiliation (for example, a rights holder’s name). You should also identify each instance of allegedly infringing content. You should also include the following statements in your notice:

  1. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use).
  2. I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.

4. Privacy Policy

SHMUZY software applications and websites collect no personally identifiable information on anyone other than the user’s phone number which is used for authentication purposes. If you choose to find your friends through your device’s contacts list, then Shmuzy will access your contacts list to determine whether or not someone associated with your contact is using Shmuzy. We do not save or share your contact list. We are concerned with privacy of all and the safety of children who access the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), we never request personally identifiable information from any user and, in particular, users under the age of 13. If we believe a user under the age of 13 has somehow provided us with information, we will use our best effort to remove such information from our records. If a parent or guardian becomes aware their child has given us such information, contact us at privacy@shmuzy.com

5. Payment

Charges. If there is a charge associated with the SHMUZY application, website or service, you agree to pay that charge. If the SHMUZY application, website or service is free to access or download, there may still be charges for additional content, including virtual currency and virtual goods (both defined below), and you agree to pay those charges. You may be able to prevent purchase of such additional content by adjusting your settings or preferences. Certain computers, hardware or devices may keep you logged on for a period of time after you make a purchase. This may allow a user to incur charges without re-authorizing the transaction. This is a function of the software of these certain devices and software and not within our control. Prices for accessing, downloading and/or using the SHMUZY application, website or services exclude all applicable taxes, unless stated otherwise. You may incur charges incidental to using the SHMUZY application, website or services even if it is free to access, download and run the SHMUZY application, website or services, for example, charges for internet access, text messaging, and data transmission). You are solely responsible for the payment of taxes and incidental charges related to your use of the SHMUZY application, website or services. Any amounts additional content, virtual items and virtual currency are non-refundable.

Premium Content Fees. SHMUZY offers certain enhanced features which you can purchase access to Premium Content, such as exclusive channels, media, hosted discussions, live presentations, podcasts and the like, referred to herein as “Premium Content”. A description of features associated with Premium Content is available at the time of promotion of the Premium Content. When you purchase access to Premium Content (each, a “Transaction” for a Premium Content), SHMUZY will ask you to supply information relevant to the Transaction, such as your credit card number or payment account identifier, the expiration date of your credit card, your billing address, or other information needed to verify the Transaction (the “Payment Information”). You represent and warrant that you have the legal right to use the payment method represented by the Payment Information. The amounts due and payable by you for a Transaction for Premium Content through the SHMUZY application will be presented to you before you place your order. If you choose to initiate a Transaction to access Premium Content, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction. By doing so, you agree: (a) that you will pay any applicable fees and taxes; (b) that SHMUZY may charge your credit card or third-party payment processing account, including, but not limited to, your account with the app store or distribution platform where the SHMUZY application is made available, such as the Apple App Store, Google Play or the Amazon Appstore (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) that you will bear any additional charges your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your Special Event order. Upon your entering into the Transaction, SHMUZY will send you an email confirming the payment for your Premium Content order. All payments made are non-refundable and non-transferable. If you have any concerns or objections regarding charges for Transactions, you agree not to cancel or reject any credit card or third-party payment processing charges for Premium Content. Transactions for Premium Content orders that are handled by an App Provider may be billed by the App Provider and, if so, are subject to the terms and conditions of the App Provider. SHMUZY reserves the right to not process or to cancel your Premium Content order in certain circumstances, such as, for example, if your credit card is declined, if we suspect the order is fraudulent, or in other circumstances SHMUZY deems appropriate in its sole discretion. SHMUZY reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Premium Content order. SHMUZY may request that you provide additional information to verify your identity or payment method before completing your Transaction (such information is included within the definition of Payment Information). SHMUZY will either not charge you or refund the charges for orders that cannot be completed or that are cancelled, as appropriate.

In-App Purchases - Virtual Currency and Virtual Goods. The SHMUZY application, website or services may include "virtual currency," consisting of coins, tokens, points or similar items that may be earned or obtained through the SHMUZY application, website or services or otherwise purchased by you using actual (“real world”) currency, subject to applicable law. The SHMUZY application, website or services may also include "virtual goods," consisting of digital items such as commodities, abilities or other goods that may be earned or obtained through the SHMUZY application, website or services or otherwise purchased by you using actual or virtual currency, subject to applicable law. We manage, regulate, control, modify or eliminate virtual currency and/or virtual goods, including the price thereof, at our discretion, and have no liability to you or any third party for any of such actions. You have no right, title, or interest in or to any virtual goods or virtual currency except the following: a limited, personal, non-transferable, non-sublicensable, revocable license to use, solely within the SHMUZY application and website, virtual goods and virtual currency that you have earned, purchased or otherwise obtained in a manner authorized by us. You agree that the transfer of virtual currency and virtual goods is prohibited except where expressly authorized in the SHMUZY application and website. Also, outside of the SHMUZY application and website, you may not sell, redeem or otherwise transfer virtual currency or virtual goods to anyone. You agree that all sales of virtual currency and virtual goods are final and non-refundable. You agree that in the event that your SHMUZY account or the SHMUZY application and website is terminated for any reason, which may include, without limitation, our discontinuation for any reason of the applicable portion of the SHMUZY application and website, you will forfeit all virtual currency and virtual goods, and we will have no liability to you for such forfeiture.

LINKS TO OTHER SITES. The SHMUZY application and website may connect to certain third-party websites or online networks, collectively, "Third Party Sites". These Third-Party Sites have not necessarily been reviewed by SHMUZY and are owned, controlled and/or maintained solely by third parties over whom SHMUZY exercises no control. Your correspondence or any other dealings with third parties found through any Third-Party Sites on the SHMUZY application and website is solely between you and such third party. Accordingly, SHMUZY expressly disclaims and shall not have any liability or responsibility for any Third-Party Sites.

6. No Warranty; Disclaimers

SHMUZY provides no warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by SHMUZY are downloaded, accessed and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose. Adult supervision is always required for download, access and use of SHMUZY software applications, SHMUZY websites and SHMUZY services. SHMUZY makes no representation or warranty of any kind that the SHMUZY software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. SHMUZY reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. SHMUZY will use its best efforts to post information about any feature and functionality changes and terminations to its websites.

7. Indemnity

SHMUZY provides no warranties regarding its software applications, web sites and services. Software applications, web sites and services provided by SHMUZY are downloaded, accessed and used on an “as is” basis. The user is required to read the instructions and use software applications, web sites and services properly and for their intended purpose. Adult supervision is always required for download, access and use of SHMUZY software applications, SHMUZY websites and SHMUZY services. SHMUZY makes no representation or warranty of any kind that the SHMUZY software applications, websites and services will run continuously, be available at all times, will run without error or will continue to be operational in perpetuity. SHMUZY reserves the right to discontinue at any time its software applications, websites or service partially or in their entirety. SHMUZY will use its best efforts to post information about any feature and functionality changes and terminations to its websites.

8. Governing Law; Attorneys’ Fees and Statue of Limitations

You agree that your use of SHMUZY software applications, websites and services shall be governed in all respects by the laws of the State of California. Any dispute relating to this Agreement will be resolved in state courts in Los Angeles, California or Federal Courts of the Central District of California in Los Angeles, California, to whose jurisdiction you consent. In any litigation brought in connection with the SHMUZY software applications, websites and services, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by the prevailing party. Except to the extent prohibited by applicable law, any claim or cause of action arising out of or related to SHMUZY software applications, websites and services must be filed within one (1) year after such claim or cause of action arose or be forever barred.