Plain English summary: By using Smashify, you agree to these terms: respect other users, don't upload content you don't own, and understand that we can update these terms with notice. If any of this is a problem for you, please don't use the platform.
A. Introduction
Please read these terms and conditions as they govern your access to and use of Smashify's app or services and website content.
These terms and conditions are between you and Smashify, Inc., 732 S 6th Street Suite R, Las Vegas, NV 89101.
By signing up for and/or accessing the Smashify app or services, user confirms having read and understood this entire statement of terms and conditions, and agrees to accept and abide by all of the terms and conditions to govern use of the app or services, and to otherwise govern the relationship between Smashify and user. These terms and conditions can otherwise only be avoided by the user NOT accessing or using Smashify's app or services.
B. Age and Eligibility
By signing up for and/or using the Smashify app or services, you affirm that you are 18 years of age or older to agree to these terms and conditions, or, if you are not, then you affirm you are at least 13 years of age and have obtained parental or guardian consent to enter into these terms and conditions.
You affirm that any registration and account information that you submit to Smashify is true, accurate, and complete; and you agree to timely update any such information at any time necessary to ensure that the information remains true, accurate, and complete.
C. Definitions
The following terms shall have the described meaning throughout these terms and conditions:
- "Smashify" or "our" or "we" means Smashify, Inc., its agents, employees, assigns, licensors, shareholders, officers, directors, or other persons or entities acting on its behalf.
- "User" or "you" means any person or entity who subscribes to and accesses Smashify's app or services. If Smashify authorizes the creation of an account on behalf of a company or other entity comprised of more than one individual, the term "user" or "you" applies both to the individual users as well as the entity as a whole.
- "App or services" shall refer to and include all the software applications and content that is available to users on the Smashify app or website, inclusive of all content. Services include music discovery and playback, creator uploads, playlists, profiles, sharing, and account activity features.
- "Content" means audio recordings, music, videos, artwork, text, metadata, advertisements, graphics, comments, and any other materials accessible on the app or services.
- "User content" or "your content" means any materials or creations a user uploads to or generates on the app or services, distributes therefrom, posts, or otherwise submits by or on behalf of artists, labels, creators, or rights holders.
- "Licensed content" means content licensed to Smashify by third parties.
- "Third party" means any person or legal entity other than Smashify or user.
- "Membership" or "account" refers to the authorized and personalized user registration established by Smashify for persons or entities who sign up to access or utilize the app or services. Forms of membership or accounts may be established in different classifications, such as listeners, artists, label or publisher, advertiser, enterprise or partner, moderator or administrative.
- "Activity points" means in-app records of qualifying participation, subject to the requirements shown for each activity.
D. Nature of Relationship
The relationship between user and Smashify shall be strictly one of customer and vendor. In no manner is the relationship intended to be a partnership, joint venture, joint ownership, joint enterprise, agency, or any other such business collaboration. User agrees not to interpret the relationship otherwise, nor represent otherwise to any third party.
Subject to your compliance with these terms and conditions, Smashify grants to you limited, non-exclusive, and revocable permission to make personal, non-commercial use of the Smashify app and services and the content. You agree that you will not redistribute, sell, or transfer the Smashify services or content, unless and excepting where the app or services may expressly provide otherwise. The Smashify software applications and content are licensed to you, not sold or transferred to you.
E. Intellectual Property and Proprietary Rights
All trade marks, service marks, graphics and logos used in connection with the app or services, whether of Smashify or any third party, may not be copied, imitated or used by you, in whole or in part, and for commercial or non-commercial purposes, without the prior express written permission of the property owner. The app and the content featured in the app are protected by copyright, trademark, patent, or other intellectual property or proprietary rights which are reserved to Smashify and its licensors.
F. User Contributions and Ownership of Content
Where and when permitted on the app or services, users may post, upload, or otherwise contribute user content to the Smashify app or services. You are solely responsible for all user content that you contribute. You affirm that any user content you contribute is owned by you or that you otherwise have the legal right to contribute it.
User retains all rights to ownership of user's content which is uploaded to or generated on the app or services. Smashify does not claim any ownership rights to user's content.
From the moment user uploads content to the services or app, user simultaneously grants Smashify a non-exclusive worldwide, royalty-free sublicense, and transferable license to use, reproduce, publicly display or broadcast, distribute, modify, publicly perform, and translate the content as needed or desired by Smashify in response to user-driven action.
At all times and under all circumstances, Smashify reserves the right — though undertakes no obligation — to remove or disable access to any user content for any reason, and may do so without prior notification to you.
G. User Devices
You grant Smashify the right to allow the Smashify app or services to use the processor, bandwidth, and storage hardware on any device you use to access or utilize the app or services in order to facilitate the operation of the app and services, as well as to provide advertising and other information to you. This right extends to Smashify's business partners as well.
H. Customer Support
For support with any questions regarding the app or services, your account, or other such matters, please contact Smashify customer support using the information provided on the Smashify app or website, or the contact information provided herein. Under California Civil Code Section 1789.3, users who are California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95823, or by telephone at 1-800-952-5210.
I. Disclaimer of Warranties
SMASHIFY IS PROVIDING ITS APP OR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMASHIFY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SMASHIFY APP OR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS MADE AVAILABLE THROUGH THE APP OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SMASHIFY DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SMASHIFY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE APP OR SERVICES IS ACCURATE, COMPLETE OR CURRENT.
Some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you. Smashify does not guarantee that features and functionality available to a user on the app or services will be the same as all other users; they may vary by jurisdiction, device, or regulatory limitations.
J. Third Party Applications, Devices, and Software
Smashify's app or services may be integrated with or interact with third party applications, websites, and services, as well as third party devices. Your use of such third party applications and devices may be subject to additional terms, conditions, and policies provided to you by those third parties. Smashify does not guarantee that third party applications and devices will be compatible with Smashify's app or services.
K. Service Limitations and Modifications
Smashify uses reasonable efforts to keep its app or services fully operational. Notwithstanding, Smashify reserves the right to change its formats and service offerings and their availability without notice, and without generating any liability to you. Smashify may modify, suspend, or cease providing all or part of its services (including functions, features, and promotional offerings); none of which shall result in liability to you. Smashify undertakes no obligation to provide compensation in connection with internet or Smashify service outages or failures.
L. Limitation of Liability
SMASHIFY IS NOT LIABLE TO USER OR ANY THIRD PARTY FOR: (A) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; AND (B) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO USER IN ANY CLAIM ARISING OUT OF THE APP OR SERVICES SHALL BE LIMITED TO U.S. $100.00 OR THE AGGREGATE AMOUNT THAT YOU PAID FOR ACCESS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS LARGER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIMS ARISING UNDER THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM.
M. Third Party Rights
You agree that the owners of the content on the Smashify app or services and certain distributors (including app store providers) are intended beneficiaries of these terms and conditions and have the right to enforce these terms and conditions directly against you. Other than as set out in this section, these terms are not intended to grant rights to anyone except you and Smashify.
If you have downloaded any of Smashify's mobile software applications from the Apple App Store, or if you are using the Smashify app or services on an iOS device, these terms and conditions are between you and Smashify only, not with Apple. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Smashify app or services. Apple, and Apple's subsidiaries, are third party beneficiaries of these terms and conditions, and upon your acceptance of these terms and conditions, Apple will have the right to enforce these terms and conditions against you as a third party beneficiary.
N. Specific Prohibited Uses
User agrees not to use Smashify's app or services in any of the following ways:
- One that is, or assists another person or entity in, illegal acts of any type, including acts which violate civil or criminal laws.
- One that is defamatory of any person or entity under applicable laws.
- One that impersonates another, or is harassing or abusive, including that which promotes discrimination based on race, sex, religion, nationality, physical or mental disability, sexual orientation, gender identity or expression, or age.
- One that provides material that is pornographic in nature under applicable laws.
- One that infringes any intellectual property rights, including any copyrights, trade marks, or database rights, of any person or entity.
- One that is likely to disrupt or interfere with the operation of Smashify's platform, app or services in any way, including hacking, uploading malicious code, creating fraudulent accounts, manipulating reward systems, and bypassing geographic restrictions.
- One that includes artificial streaming, use of bots, use of click farms, engagement manipulation, referral abuse, exploit attempts, scraping or harvesting data, engaging in spam or analogous deceptive practices, or automated reward farming.
Smashify reserves to itself the sole right to determine whether a prohibited use has occurred. Violation of the foregoing may result in permanent forfeiture of activity points at Smashify's sole discretion.
O. Indemnification
To the fullest extent permitted by law, user agrees to indemnify Smashify for any claim asserted against it by a third party which alleges a breach of rights by user arising from user's actions in any use of the Smashify app or services, including any breach of these terms and conditions. In such an event, Smashify reserves to itself the sole right to control the defense and settlement of any such third party claim against Smashify.
P. Accounts and Cancellation
You are responsible for the accuracy of your account information and for protecting your sign-in credentials. You may request account deletion using available account controls or by contacting support@smashify.app. See the Privacy Policy for information about data requests and retention.
Q. Service Restrictions
We reserve the right to accept or refuse membership or an account, or to restrict use of the app or services, to any person in our sole discretion. You may not transfer or assign your membership or account to any third person, or any benefits of the app or services. Sharing your password or credentials with any third party to allow another individual to access your membership or account shall constitute a prohibited transfer or assignment of your membership or account.
R. Termination of Membership or Account
If you violate the letter or spirit of the terms and conditions, or otherwise create risk of adverse legal exposure or liability for Smashify, Smashify reserves the right to stop providing you with access to the app or services. Smashify reserves exclusively to itself the determination as to whether a violation has occurred or risk of adverse legal exposure has been created. Smashify reserves the right to terminate access without notice or an opportunity for user to respond.
S. Affiliate Links Disclaimer
User is hereby informed that any affiliate links in the Smashify app or services to apps or websites owned or operated by third parties may earn Smashify a commission or fee for its users using those links.
T. Children's Online Privacy Protection Act and Other Age Restrictions
Pursuant to the Children's Online Privacy Protection Act of 1998, 15 United States Code sections 6501–6505, Smashify states its app, website, and services are not intended or authorized to be used by anyone who is under 13 years of age. Where applicable laws require parental or guardian consent in order for persons under a certain age to lawfully access or use such apps or websites, those persons are only authorized to access or use Smashify's app or services upon bona fide compliance with the substance and procedures of said laws.
U. Digital Millennium Copyright Act (DMCA) Notice Procedure
It is Smashify's policy to respond to notices of alleged infringement of intellectual property rights on its app or services that comply with the DMCA of 1998. If you believe your copyrighted work is accessible on the Smashify app or services without your consent and has been copied in a way that constitutes copyright infringement, please notify Smashify customer service. For your complaint to be valid under the DMCA, you must provide the following information to Smashify in writing:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you assert has been infringed, with a link to the source URL where available.
- Identification of the material accessible on the Smashify app or services that you assert is infringing and its location on the app or services, including a URL link where available.
- Information reasonably sufficient to permit Smashify to contact you, such as your address, telephone number, and email address.
- A statement under penalty of perjury that you have a reasonable good faith belief that use of the material in the manner specified was not authorized, that you are the owner or authorized to act on behalf of the owner, and that the information provided is accurate.
- A detailed description of the infringement that is alleged to have taken place.
Smashify reserves the right to terminate user's account and access to the app or services for violation of the DMCA.
V. Amendments to This Statement
Smashify will notify you before we make changes to these terms and conditions and give you the opportunity to review the revised terms before continuing to use our app or services. User's continued use of Smashify services following actual or constructive notice of changes to our terms and conditions constitutes user's acceptance and agreement of those changes.
W. Governing Law and Venue
To the fullest extent permitted by applicable law, and except to the extent preempted by or inconsistent with federal law, these terms and conditions shall be governed by and construed in accordance with the laws of the state of Nevada, United States, without giving effect to any principles of conflicts of law, and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods.
For any dispute or action that is not subject to mandatory arbitration under the Arbitration Agreement herein, user agrees to resolve any dispute with Smashify exclusively in an applicable state or federal court located in the state of Nevada, United States, and to submit to the personal jurisdiction of those courts. To the fullest extent permitted by applicable law, user and Smashify agree to waive any right to trial by jury.
X. Arbitration Agreement
1. Dispute Resolution and Arbitration
Subject to the exceptions herein, you and Smashify agree that any dispute between you and Smashify — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be determined by binding individual (not class) arbitration. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator can award the same damages and relief as a court (including attorneys' fees and costs where allowable under applicable law), except that the arbitrator may not award any relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these terms and conditions.
2. Exceptions to Arbitration
You and Smashify agree that any dispute relating to alleged infringement of intellectual property and proprietary rights shall be brought in the federal courts of Nevada, United States. Nothing in this arbitration agreement will be deemed to waive either party's right to have an individual action heard in a U.S. small claims court (so long as the action is litigated exclusively in small claims court), or to seek temporary or preliminary individualized injunctive relief in a court of law pending a final ruling from the arbitrator.
3. No Class or Representative Proceedings and Class Action Waiver
YOU AND SMASHIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION.
4. Pre-Arbitration Notice of Dispute and Informal Resolution Period
A party who intends to seek arbitration must first send a written notice of the dispute to the other. Notices to Smashify must be sent by email to support@smashify.app. All notices must: (1) provide the relevant user's name, email address, and Smashify username; (2) provide the claimant's address of residence; (3) describe with specificity the nature and basis of the dispute; and (4) set forth the alleged damage and harm, the specific relief sought, and the manner of calculating any monetary damages claimed. After a notice is received, the parties agree to engage in good faith efforts to resolve the dispute for a period of sixty (60) days, which may be extended in writing if both parties agree.
5. Arbitration Rules and Fees
Any arbitration between you and Smashify will be administered by the National Arbitration and Mediation (NAM) in accordance with its rules applicable to the nature of the dispute, as modified by this arbitration agreement. The Federal Arbitration Act applies and governs the interpretation and enforcement of this arbitration agreement. If NAM is unavailable, unwilling, or otherwise unable to administer an arbitration, the parties will jointly petition a court to appoint an administrator. Any arbitration proceedings will be conducted by telephone or video conference to the extent possible.
6. Mass Arbitration
If there are in excess of fifty (50) analogous claims to be brought, the parties agree to the following staged process. In the first stage, twenty-five (25) cases per side are filed individually; after completion, the parties engage in global non-binding mediation. In a second stage, fifty (50) cases per side are filed individually, followed by another global mediation. If the parties are unable to resolve remaining cases after the second global mediation, claimants may opt out of arbitration within thirty (30) days of the conclusion of the second global mediation, or have their case resolved through continued staged proceedings.
7. Enforceability
If this arbitration agreement is invalidated as a whole, the parties agree that they may seek to resolve the dispute in accord with the procedures and standards set forth in these terms and conditions for non-arbitrable claims, including governing law, jurisdiction and venue selection provisions, and the prohibition on class action claims.
Y. Severability
If any portion of these terms and conditions is deemed by a court of competent jurisdiction to be unlawful, void or otherwise unenforceable, that provision shall be deemed severed from the rest and will not affect the validity and enforceability of the remaining provisions.
Z. Survivability of Terms and Conditions
These terms and conditions shall continue to apply to you unless and until terminated by Smashify, or you terminate your account and cease accessing the Smashify app and services. All dispute resolution provisions, intellectual property terms, and any terms and conditions which by their nature must remain in effect after termination shall survive.
AA. Disputes
Except where the arbitration agreement applies, you agree to resolve any claim, cause of action or dispute you have with Smashify arising out of or relating to these terms and conditions, or use or access to the Smashify app and services, exclusively in the state and/or federal courts located in the state of Nevada, in the United States.
BB. Privacy Statement and Policy
The Privacy Policy describes information collected through the service, its uses, cookies and advertising, and how to make a privacy request.
CC. Export Control and Sanctions
You represent and warrant that you are not located in, organized under the laws of, or ordinarily a resident in any country or territory subject to territorial sanctions, nor are you owned or operating on behalf of a government subject to asset-blocking sanctions or any person or entity identified on restricted party lists under applicable law. Smashify's app and services may be subject to applicable export control and economic sanctions laws. You agree to comply with all applicable trade control laws in your use of Smashify's app or services.
DD. International Use and Compliance
Smashify's app or services may be accessible internationally. Users who access the app or services outside the United States are responsible for engaging in such access and use in compliance with any applicable laws and regulations of the jurisdiction where they reside or achieve such access. Smashify reserves the right to restrict access by jurisdiction, implement sanctions compliance measures, and suspend services in restricted regions.
EE. Account Activity
Activity points and progress depend on qualifying use of the service and the requirements shown in the app. Repeated, automated, or abusive activity may be excluded. Eligibility rules and limits may change as the service develops.
FF. Certain Rights of Users Protected at Law
Under applicable law, you may have certain rights that cannot be limited by a contract. In such events, these terms and conditions are in no way intended to restrict those rights, nor should they be interpreted as doing so or attempting to do so.
GG. Entire Agreement
Other than as stated here or as explicitly agreed upon in writing between you and Smashify, these terms and conditions constitute all the terms and conditions agreed upon between you and Smashify, and supersede any prior agreements in relation to the subject matter of these terms and conditions, whether written or oral.
HH. No Waiver
Any failure of Smashify or any third party beneficiary to enforce these terms and conditions or any provision thereof shall not waive Smashify's or the third party beneficiary's right to do so.
II. Assignment Rights
Smashify may assign all or any of these terms and conditions, and may assign or delegate, in whole or in part, any of its rights or obligations under these terms and conditions. User may not assign these terms and conditions, in whole or in part, nor transfer or sub-license user's rights under these terms and conditions to any third party.
JJ. Contact Information
Smashify may be contacted via customer service contact information in the app or services or as follows:
Smashify, Inc.
Registered address: 732 S 6th Street Suite R, Las Vegas, NV 89101
support@smashify.app
Questions about these Terms? Contact our legal team via the information in Section JJ above, or visit our Help Center for common questions.