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Terms of Service

Effective Date: January 1, 2026

Welcome to WALRUS.FM ("WALRUS.FM," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the WALRUS.FM website, mobile applications, and related services (collectively, the "Service"). By using WALRUS.FM, you agree to these Terms and our [Privacy Policy].

1. Acceptance of Terms

By accessing or using WALRUS.FM, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Service. You must be at least 13 years old (or the minimum age required in your jurisdiction) to use WALRUS.FM.

2. Description of Service

WALRUS.FM is a digital platform that:

  • Connects artists with fans through exclusive content and experiences.
  • Facilitates ticketed events, live streams, and on-demand content.
  • Enables merchandise sales and subscription models.
  • Provides creative tools for artists to engage with their community.
  • Offers secure payment processing and artist payout management through third-party providers (e.g., Stripe Connect).

3. User Accounts

3.1 Account Creation

  • You must provide accurate, current, and complete information.
  • You are responsible for maintaining the confidentiality of your login credentials.
  • You agree to notify us immediately of any unauthorized use of your account.
  • WALRUS.FM is not liable for any loss or damage arising from unauthorized access.

3.2 Account Types

  • Fan Accounts: Used to subscribe to and view artist content.
  • Artist Accounts: Used to upload, monetize, and manage creative content.

4. Artist Terms

4.1 Content Ownership

Artists retain all ownership rights to their uploaded content. However, by uploading, you grant WALRUS.FM a worldwide, non-exclusive, royalty-free license to:

  • Host, store, stream, transmit, display, reproduce, and distribute your content as necessary to operate the Service; and
  • Use your name, likeness, and branding solely for promotional purposes related to WALRUS.FM.

This license is revocable at any time by removing your content, but prior lawful uses remain valid.

4.2 Music Uploads, Rights & Payments

  • You represent and warrant that you own or control all rights necessary to upload and distribute your content on WALRUS.FM.
  • You are solely responsible for ensuring that uploading your content does not violate any third-party rights, label, publishing, or distribution agreements.
  • WALRUS.FM does not register, collect, or remit royalties to any performing-rights or mechanical-rights organizations (including ASCAP, BMI, SESAC, SOCAN). You are responsible for any such registrations or payments.
  • Unless otherwise agreed in writing, WALRUS.FM will remit to you 70 percent (70%) of net revenue directly attributable to your content and retain 30 percent (30%) as a platform fee.
  • Payments are processed through Stripe Connect under its own terms and schedules. WALRUS.FM is not responsible for transaction fees, chargebacks, tax obligations, or currency conversion costs.
  • You are responsible for reporting and paying all applicable taxes on earnings from WALRUS.FM.

4.3 Content Guidelines

You may not upload, post, or transmit content that:

  • Infringes any copyright, trademark, or other intellectual-property right.
  • Contains illegal, obscene, defamatory, or harmful material.
  • Promotes discrimination, hate, or harassment.
  • Contains malware, spam, or malicious code.

WALRUS.FM may remove content or terminate accounts that violate these guidelines.

5. Purchases & Subscriptions

5.1 Tickets

  • Tickets for events are sold directly by artists.
  • Prices, refund policies, and availability are set by each artist.
  • All sales are final unless otherwise stated.

5.2 Subscriptions

  • Subscriptions are billed in advance and auto-renew unless cancelled.
  • Pricing is set by the individual artist.
  • You may cancel anytime; access continues until the end of the billing period.

5.3 Merchandise

  • Merchandise is fulfilled by artists or their designated partners.
  • Shipping, returns, and quality are governed by each artist's policies.
  • WALRUS.FM is not responsible for merchandise fulfillment, quality, or delivery.

6. Prohibited Activities

You agree not to:

  • Violate any law or regulation.
  • Share or redistribute exclusive content without authorization.
  • Resell or transfer tickets or access credentials.
  • Use bots, scrapers, or automated systems to access the Service.
  • Attempt to bypass or interfere with payment systems.
  • Harass, threaten, or impersonate others.
  • Record or redistribute live-stream content.
  • Reverse-engineer, decompile, or exploit the platform code.

Violations may result in immediate suspension or termination.

7. Intellectual Property

7.1 Platform Rights

The WALRUS.FM platform—including its design, software, databases, and branding—is owned by WALRUS.FM and protected by copyright, trademark, and other IP laws.

7.2 User Content

You retain ownership of your uploaded content but grant WALRUS.FM the limited license described in Section 4.1 solely to operate and promote the Service.

8. Privacy & Data Protection

Your use of WALRUS.FM is also governed by our Privacy Policy, which explains how we collect, use, and protect personal data. By using the Service, you consent to that processing.

9. Third-Party Integrations

  • WALRUS.FM may integrate with third-party platforms (e.g., Shopify, Stripe).
  • Each third-party service has its own terms and privacy policy.
  • WALRUS.FM is not responsible for the actions or availability of any third-party service.
  • Artists are responsible for managing and securing their linked accounts.

10. Disclaimers & Limitations of Liability

10.1 Service Availability

The Service is provided on an "as is" and "as available" basis without any warranties, express or implied. We do not guarantee uninterrupted or error-free operation.

10.2 Limitation of Liability

To the fullest extent permitted by law:

WALRUS.FM, its affiliates, officers, and employees shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, profits, data, or goodwill, arising from your use of the Service—even if advised of the possibility of such damages.

In no event shall our total liability exceed the greater of (a) the amounts you paid to WALRUS.FM in the prior 12 months or (b) USD $100.

Some jurisdictions do not allow these exclusions; they apply only to the extent permitted by law.

11. DMCA Policy

WALRUS.FM complies with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe your copyrighted work has been posted without authorization, send a takedown notice to:

DMCA Agent

Email: dmca@walrus.fm

Include:

  • Identification of the copyrighted work;
  • Identification of the infringing material (URL or screenshot);
  • Your contact information;
  • A good-faith statement of ownership;
  • A sworn statement that the information is accurate; and
  • Your physical or electronic signature.

WALRUS.FM may remove or disable content and, for repeat offenders, suspend or terminate accounts.

12. Indemnification

You agree to indemnify, defend, and hold harmless WALRUS.FM, its parent company, affiliates, officers, employees, contractors, and partners from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use or misuse of the Service;
  • Your uploaded content;
  • Any violation of these Terms; or
  • Any infringement of a third party's rights.

13. Dispute Resolution & Arbitration

Any dispute arising under or related to these Terms will be resolved through binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. You waive the right to bring or participate in any class action or class-wide arbitration. Either party may bring individual claims in small-claims court. The arbitration shall take place in Los Angeles County, California, unless both parties agree otherwise.

14. Termination

We may suspend or terminate your account, with or without notice, if we believe you have violated these Terms or applicable law. Upon termination:

  • Your right to use WALRUS.FM ceases immediately.
  • We may delete your account and content.

Sections that by nature should survive (including Sections 7–13) will remain in effect.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notice. Continued use of the Service after changes constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law rules.

17. Contact Information

For any questions or legal notices, please contact:

WALRUS.FM

Email: legal@walrus.fm

DMCA Agent: dmca@walrus.fm

By using WALRUS.FM, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.