Terms of Use

Hello and welcome to Shary, a social music player provided by 2421 Moreno, LLC (hereafter “Shary”, “we”, “us” or “our”). These Terms of Use govern your use of Shary ("App") and other services provided by Shary (the “Services”). It is important that you read them carefully as it affects your legal rights. These Terms of Use, together with our Privacy Policy, constitute a legally binding agreement (the “Agreement”) between you and Shary in relation to your use of the Apps and Services (together, the “Platform”).

Your Acceptance

This is an agreement between 2421 Moreno, LLC, a California corporation, the owner and operator of Shary app (“Shary"), and you (“you” or “You”), a user of the Service. By using the service, you acknowledge and agree to these Terms of Use and Shary’s Privacy Policy. If you choose to not agree with any of these terms, you may not use the Service.

Shary Access

You are obliged to register to use the Platform. When you register to use the Platform, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Shary in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

Shary Service

You may use and enjoy Shary through following ways:

1. Subscriptions

Shary account holders may access the Shary Service by any of our several Subscriptions:
  • Free Service: free-of-charge service; allows limited number of music stream share with friends per day.
  • Unlimited Sharing Service: a subscription fee-based service; allows unlimited amount of music stream share with friends; fees charged on an annual (one year)basis.

2. Trials

From time to time, we may offer trials of the Unlimited Sharing Service for a specified period without payment (a “Trial”). Shary reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Unlimited Sharing Service on the first day following the end of the Trial, on a recurring semiannual basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your Shary account’s settings before the end of the Trial.

User Created Contents

Shary users may post, upload, transmit, submit, exchange and/or make available contents to or via the Platform, including audio, text, photos, pictures, graphics, comments, and other content, data or information (“User Contents”). You shall be solely responsible for your own User Contents and the consequences of posting or publishing them.

You must not upload, send, transmit, display, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. To be clear: you retain all of your ownership rights in your User Contents, but you have to have the rights in the first place. However, by submitting the User Contents to Shary, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display any User Content that you post on or in connection with Shary.

Any unauthorized use of copyright protected material within your Content may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and Service and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

Shary does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Shary’s sole discretion, violates these Agreements. Shary may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

Because Shary is only acting as a repository of data, User Contents do not necessarily represent the views or opinions of Shary, and Shary makes no guarantees as to the validity, accuracy or legal status of any User Contents.

Intellectual Property Rights

The design, Shary created text, graphics, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by Shary and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

The Service is provided to you as is for your information and personal use only. Shary reserves all rights and you agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.

Your Use of the Service

We’d like to keep Shary to stay enjoyable for everyone. Please observe the following rules we’ve established and encourage other users to do the same.

You agree not to post, upload, transmit and/or distribute:

  1. any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Shary’s reasonable discretion;
  2. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Shary’s reasonable opinion;
  3. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
  4. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You also agree not to

  1. Stalk, intimidate and/or harass another;
  2. Incite others to commit violence;
  3. Harm minors in any way;
  4. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
  5. Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  7. Use any Shary domain name as a pseudonymous return email address;
  8. Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Services or any affiliated or linked sites;
  9. Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services or Materials;
  10. Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials.
  11. Collect or store data about other users

You agree to comply with the above conditions, and acknowledge and agree that Shary has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

You acknowledge and agree that by accessing or using the Services, you may be exposed to User Contents from others that you may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies you have or may have against Shary with respect thereto, and agree to indemnify and hold Shary, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.

Copyright Infringement

Shary respects intellectual property rights and expects its users to do the same. If you are a copyright holder and you believe that any of the copyrighted material which is directly available via the Shary Service infringes your copyrighted work, please send us your own written notification, including the following information:

  • a statement that you have identified Content on Shary that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the Content that you claim is infringing and where such Content can be located;
  • your full name, address and telephone number, a valid email address on which you can be contacted;
  • A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

Please send us your notice by email to info@heyshary.com and/or by mail to the following address:

Shary / 2421 Moreno LLC
Attn: Copyright Dept
861 S Catalina St. #206
Los Angeles, CA 90005

Investigations

Shary in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Shary shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.

Although Shary does not generally monitor User activity occurring in connection with the Services or Materials, if Shary becomes aware of any possible violations by you of any provision of the Terms, Shary reserves the right to investigate such violations, and Shary may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Shary believes that criminal activity has occurred, Shary reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Shary is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Shary’s possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of Shary, its Users or third parties, including the public at large, as Shary in its sole discretion believes to be necessary or appropriate.

Technology limitations and modifications

Shary will make reasonable efforts to keep the Shary Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Shary reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Shary Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Shary Service or any function or feature thereof. You understand and agree that Shary has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

Payments & Cancellations

If you choose Unlimited Sharing Subscription which is a Paid Subscription, you should renew your paid subscription at the end of the subscription period. If you fail to pay and renew before it expires, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Subscription. Paid Subscription will be resumed as soon as the payment is made though.

Fees for Unlimited Sharing subscription are payable in advance and will be taken at the time the contract is concluded as described above. Payment can be made by Visa, Mastercard or PayPal and/or any other payment method that is presented to you during the purchase process.

Shary may change the price for the Unlimited Sharing Subscriptions from time to time, and will communicate any price changes to you. Price changes for Unlimited Sharing Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Shary Service after the price change takes effect, you accept the new price.

Third Party Services

The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).

Shary does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Shary does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Shary with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.

Shary disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Shary with respect to the content or operation of any External Services.

Warranty Disclaimer

You agree that your use of the Shary Service shall be at your sole risk. Shary disclaims any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

WHILE SHARY USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO SHARY’S ATTENTION, SHARY MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES.

SHARY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHARY SERVICE. SHARY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHARY SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND SHARY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Termination

These Terms may be terminated by either you or Shary. If you have Unlimited Sharing Subscription and terminate this Agreement before the end of your subscription, we will not offer any refund for any unexpired period of your subscription to the fullest extent permitted under applicable law.

Shary may terminate the Terms or suspend your access to the Shary Service at any time, including in the event of your actual or suspected unauthorized use of the Shary Service or non-compliance with the Terms.

To learn how to terminate your Shary account, please contact us via info@heyshary.com.

Indemnity

You hereby agree to defend, indemnify and hold harmless Shary, its parent corporation, successors, affiliates, officers, directors, employees and shareholders, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from:

  1. your use of and access to the Shary Service
  2. your violation of any term of these Terms of Use;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
  4. or any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Shary.

Limitation of Liability

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Shary Service, the Third Party Applications or the Third Party Application content is to uninstall any Shary software and to stop using the Shary Service, the Third Party Applications or the Third Party Application content.

IN NO EVENT SHALL SHARY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SHARY CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY.

Assignment

Shary may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Shary. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Shary.

Entire Agreement

These Terms of Use, together with the Privacy Policy constitute the entire agreement between you and Shary with respect to your use of Shary and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Data Protection & Privacy

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Shary in accordance with our Privacy Policy.

Applicable Law and Jurisdiction

These Agreements are subject to the law of the State of California, United States, without regard to choice or conflicts of law principles.

Last updated: November 18, 2014.