Effective Date: 2023-05-11
If you’re entering into this agreement on behalf of a party other than yourself individually, you must be authorized to do so (in which case, the references to “you” and “your” throughout this document refer to such party). If you are not of legal age (18 years old in the United States, for example), you may not enter into this agreement on behalf of yourself or any other party, but your parent or guardian may enter into it on your behalf individually. If you do not agree to any term in this agreement, you may not use Luna Shark platforms.
Use of Luna Shark platforms
Subject to your continued compliance with this agreement, during the term your account is active, you may use Luna Shark platforms for their intended purpose.
Pricing for subscriptions to Creator content is set by the Luna Shark leadership. If you subscribe to paid Content, you agree to pay the Luna Shark for that Content. Luna Shark may change pricing prospectively from time to time.
As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to Luna Shark platforms and all content provided on, by or through Luna Shark platforms other than your Content (as defined below). If you provide any suggestions or recommend any changes to Luna Shark platforms, including without limitation, new features or functionality (“Feedback”), we are free to use such Feedback without payment of any compensation.
Any content you post, upload, share, store, or otherwise provide to us (the “Content”) remains yours or your licensors, as applicable. However, you hereby grant us a limited license to use, modify, display and copy your Content in order for us to provide and allow you to use Luna Shark platforms, and (should we choose to do so in our sole discretion) to promote your Content. You are solely responsible for your Content, including making sure it complies with our Code of Conduct.
Code of Conduct
You agree to abide by our Code of Conduct, including the restrictions on use of Luna Shark therein.
Relationship with Luna Shark Creators
Your relationship with Luna Shark Creators, including any subscriptions to podcasts, is between you and Luna Shark.
Luna Shark connects and integrates with certain third-party services, platforms and software (“Third-Party Services”), which may include, without limitation, podcast players and streaming platforms. We make no representations, warranties, or promises regarding such Third-Party Services, and your use of them is entirely at your own risk. You must comply with the terms and policies applicable to such Third-Party Services.
Sending a Copyright Notice
If you believe that something on Luna Shark platforms infringes a copyright that belongs to you, you can send a takedown notice to our Registered Agent (contact info below). On receipt of a notice compliant with the requirements of the DMCA, our practice is to promptly remove or disable the material identified as infringing, but notices can be disputed under the terms of this policy, and that the dispute process may result in replacement of removed or disabled content. Takedown notices must include:
- a description of the work or works you claim have been infringed;
- a description of the content on our website you claim to be infringing and the associated URL(s);
- your full name and contact information, including your address and phone number; a statement confirming your 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;
- a statement confirming that the information you’ve provided 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;
- and your signature
11 Palmetto Bay Rd #1049
Hilton Head, SC 29928
Phone: (803) 672-0046
Email: [email protected]
Unless otherwise agreed in a writing signed by one of our authorized officers, either we or you may terminate this agreement and your access to Luna Shark platforms at any time for any reason. Upon such termination, your right to use Luna Shark platforms will immediately cease. We may also terminate this agreement or terminate, suspend, or restrict your access to or use of Luna Shark platforms at any time, for any reason. Reasons that may lead to us terminating or restricting access to include a breach of any of this agreement, offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. Content or access to content may also be removed at any time in our discretion. Any post or comment that you have made may remain available.
Luna Shark also allows you to delete your account at any time. If you’d like to delete your account, you can do so from your profile page. After termination, all your subscriptions to Creator podcasts will also be terminated immediately and no further fees will be charged through Luna Shark in relation to these subscriptions, but termination will not result in any refunds.
Provisions which by their nature survive termination (including Intellectual Property, Relationship with Creators, Indemnification, Limitations on Liability, Disclaimer, Governing Law, Arbitration and General) survive the termination of your account and/or this agreement.
To the maximum extent permitted by applicable law, you agree to indemnify and hold us and our affiliates, and our and their respective shareholders, members, managers, directors, owners, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising from or related to (a) your use of Luna Shark platforms or any other party’s use of Luna Shark platforms through your account, (b) your breach of this agreement, or (c) or your violation of any law or regulation.
Limitations on Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal theory shall we or our affiliates, personnel, licensors or suppliers be liable to you or to any other person for: (a) any indirect, special, incidental, or consequential damages; or (b) any amount, in the aggregate, in excess of the greater of (i) $1,000 or (ii) the amounts paid by you to us in in the twelve-month period preceding the action.
Luna Shark platforms are provided AS-IS and AS-AVAILABLE. We disclaim all warranties, including the warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of Luna Shark will be uninterrupted or error-free.
Changes to this Agreement
We reserve the right to change this agreement at any time. However, if we do so, we will bring it to your attention by placing a notice on a Luna Shark website, by sending you an email, or by some other means reasonably designed to reach you promptly. If you don’t agree with modified agreement, you are free to reject, but that means you will no longer be able to use Luna Shark platforms. If you use Luna Shark platforms after your receipt of notice regarding the change, that means you agree to the changes. Except for changes by us as described here, no other amendment or modification of this agreement will be effective unless in writing and signed by both you and us.
This agreement is governed by South Carolina law.
This Agreement shall be governed by and interpreted pursuant to the laws of the State of South Carolina applicable to agreements executed and to be wholly performed within said State. The Parties consent to the jurisdiction and venue of the State of South Carolina in the County of Beaufort. The prevailing Party in any dispute shall be entitled to reimbursement of its reasonable outside attorneys’ fees and costs. Any dispute arising hereunder shall be resolved solely through binding arbitration conducted in South Carolina. Such rules and procedures are incorporated and made part of this Agreement by reference. It is agreed that the arbitration shall be before a single arbitrator familiar with entertainment law. The prevailing Party in such arbitration shall have the right to recover its reasonable outside attorneys’ fees and costs incurred in connection with such arbitration. The Parties hereby expressly waive any and all rights to appeal, or to petition to vacate or modify, any arbitration award issued in a dispute arising out of this Agreement. Any award shall be final, binding, and non-appealable. The arbitration will be confidential and conducted in private and will not be open to the public or media. No matter relating to the arbitration (including, but not limited to, the testimony, evidence, or result) may be (i) made public in any manner or form; (ii) reported to any news agency or publisher; and/or (iii) disclosed to any third party not involved in the arbitration.
Unless we have executed another agreement with you regarding the subject matter hereof, this agreement is the complete and exclusive statement of the mutual understanding between you and us, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this agreement. If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this agreement shall otherwise remain in full force and effect and enforceable.
You may not assign, delegate or transfer this agreement or your rights or obligations hereunder, or your Luna Shark account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this agreement and our rights and obligations without consent. There are no third-party beneficiaries intended under this agreement. You acknowledge and agree that you are not an employee, agent, partner, or engaged in a joint venture with us, and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.