Terms Of Service
Thanks for choosing ShiraLi (“ShiraLi”, “we”, “us”, “our”). By signing up or otherwise using the ShiraLi service, websites, and software applications (together, the “ShiraLi Service” or “Service”), or accessing any content or material that is made available by ShiraLi through the Service (the “Content”) you are entering into a binding contract with ShiraLi, LLC.
Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.
In order to use the ShiraLi Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States. You also promise that any registration information that you submit to ShiraLi is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the agreement
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3. ShiraLi Services
3.1 Our Services & Paid Subscriptions
ShiraLi provides streaming services offering a selection of music and other content. Certain ShiraLi services are provided to you free-of-charge. Other ShiraLi services require payment before you can access them. The ShiraLi services that may be accessed after payment are currently referred to as the “Premium Service” and the “Unlimited Service” (together, the “Paid Subscriptions”). The ShiraLi service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
3.2 Codes and other pre-paid offers
If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of ShiraLi for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). ShiraLi reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
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 APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SHIRALI ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SHIRALI ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR SHIRALI ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR SHIRALI ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, SHIRALI WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4. Granted Rights
The ShiraLi Service and the Content are the property of ShiraLi or ShiraLi’s licensors. We grant you a limited, non-exclusive, revocable license to make use of the ShiraLi Service, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or ShiraLi. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the ShiraLi Service or the Content.
The ShiraLi software applications and the Content are licensed, not sold, to you, and ShiraLi and its licensors retain ownership of all copies of the ShiraLi software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All ShiraLi trademarks, service marks, trade names, logos, domain names, and any other features of the ShiraLi brand (“ShiraLi Brand Features”) are the sole property of ShiraLi or its licensors. The Agreements do not grant you any rights to use any ShiraLi Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the ShiraLi Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, ShiraLi grants no right, title, or interest to you in the ShiraLi Service or Content.
Third party software (for example, open source software libraries) included in the ShiraLi Service are licensed to you either under the Agreements or under the relevant third party software library’s license terms as published in the help or settings section of our desktop and mobile client and/or on our website.
5. Third Party Software
The ShiraLi Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that ShiraLi does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User Generated Content
ShiraLi users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, playlist compilations, and/or other types of content) (“User Content”)
You promise that, with respect to any User Content you post on ShiraLi, (1) you have the right to post such User Content, and (2) such User Content, or its use by ShiraLi as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by ShiraLi or any artist, band, label, entity or individual without express written consent from such individual or entity.
ShiraLi may, but has no obligation to, monitor, review, or edit User Content. In all cases, ShiraLi 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 ShiraLi sole discretion, violates the Agreements. ShiraLi may take these actions without prior notification to you or any third party. 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.
You are solely responsible for all User Content that you post. ShiraLi is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SHIRALI RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SHIRALI HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights You Grant Us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the ShiraLi Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the ShiraLi Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed, provided to or otherwise made available by ShiraLi (e.g. podcasts) may contain advertising as part of the Content. In such cases, ShiraLi will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to ShiraLi in connection with the ShiraLi Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize ShiraLi to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant ShiraLi a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User Guidelines
ShiraLI respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure ShiraLi stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the ShiraLi Service or the Content, or otherwise making any use of the ShiraLi Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the ShiraLi Service or the Content or any part of it;
using the ShiraLi Service to import or copy any local files you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the ShiraLi Service, Content or any part thereof unless permitted by applicable law;
circumventing any technology used by ShiraLi, its licensors, or any third party to protect the Content or the Service;
selling, renting, sublicensing or leasing of any part of the ShiraLi Service or the Content;
circumventing any territorial restrictions applied by ShiraLi or it licensors;
artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the ShiraLi Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
providing your password to any other person or using any other person’s username and password;
“crawling” the ShiraLi Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from ShiraLi; or
selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect ShiraLi, the owners of the Content, and other users of the ShiraLi Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
is offensive, abusive, defamatory, pornographic, threatening, or obscene;
is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of ShiraLi or a third party;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
is intended to or does harass or bully other users;
impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
uses automated means to artificially promote content;
involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the ShiraLi inbox;
involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by ShiraLi;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by ShiraLi;
interferes with or in any way disrupts the ShiraLi Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or ShiraLi computer systems, network, usage rules, or any of ShiraLi security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
conflicts with the Agreements, as determined by ShiraLi.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your ShiraLi account. You also agree that ShiraLi may also reclaim your username for any reason.
Please be thoughtful about how you use the ShiraLi Service and what you share. The ShiraLi Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on ShiraLi or across the web, so please use ShiraLi carefully and be mindful of your account settings. ShiraLi has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Service limitations
ShiraLi will make reasonable efforts to keep the ShiraLi Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, ShiraLi reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the ShiraLi Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the ShiraLi Service or any function or feature thereof. You understand, agree, and accept that ShiraLi has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. ShiraLi and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
10. Customer Support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
11. Payment and Cancellation
Paid Subscriptions can be purchased directly from ShiraLi either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the ShiraLi Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to ShiraLi Premium immediately.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to ShiraLi will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
ShiraLi may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the ShiraLi Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the ShiraLi Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
12. Term and Termination
The Agreements will continue to apply to you until terminated by either you or ShiraLi. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. ShiraLi may terminate the Agreements or suspend your access to the ShiraLi Service at any time, including in the event of your actual or suspected unauthorised use of the ShiraLi Service and/or Content, or non-compliance with the Agreements. If you or ShiraLi terminate the Agreements, or if ShiraLi suspends your access to the ShiraLi Service, you agree that ShiraLi shall have no liability or responsibility to you, and ShiraLi will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
13. Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SHIRALI SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SHIRALI SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIRALI AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER SHIRALI NOR ANY OWNER OF CONTENT WARRANTS THAT THE SHIRALI SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SHIRALI MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SHIRALI SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT SHIRALI IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SHIRALI SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SHIRALI SHALL CREATE ANY WARRANTY ON BEHALF OF SHIRALI IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SHIRALI SERVICE IS TO UNINSTALL ANY SHIRALI SOFTWARE AND TO STOP USING THE SHIRALI SERVICE. WHILE SHIRALI ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SHIRALI, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIRALI, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SHIRALI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SHIRALI HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SHIRALI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO SHIRALI DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
15. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by ShiraLi or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive ShiraLi’s or the applicable third party beneficiary’s right to do so.
ShiraLi may assign the Agreements or any part of them, and ShiraLi may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold ShiraLi harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the ShiraLi Service; and (4) your violation of any law or the rights of a third party.
18. Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of New York, United States of America, without regard to choice or conflicts of law principles.
ShiraLi does not accept any codes of conduct as mandatory in connection with the services provided under this agreement.