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 in-person), on-demand video and audio content, and fan subscriptions.
• Enables merchandise sales, including artist-shipped, platform-fulfilled (WALRUS Made), and externally linked products.
• Provides campaign tools — presave pages, release links, and landing pages — for music promotion and fan engagement.
• Offers mailing list and email campaign tools for artist-to-fan communication.
• Enables personalized video messages (cameo-style) from artists to fans.
• Provides direct messaging between subscribers and artists.
• 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.
• Revenue splits vary by product type:
  • Subscriptions: Artists receive 100% of their subscription price. Stripe payment-processing costs apply.
  • Live Stream Tickets & Event Tickets: Artists receive 80% of the ticket price they set. WALRUS retains 20% as a platform fee.
  • Video Messages: Artists receive 80% of the request price they set. WALRUS retains 20% as a platform fee.
  • Merchandise (Sell on WALRUS): WALRUS retains 20% of the product sale price. Artists receive 80% minus payment processing fees.
  • Merchandise (WALRUS Made): For products designed, printed, and shipped by WALRUS, the profit (retail price minus cost of goods) is split 50/50 between the artist and WALRUS. Artists have no upfront cost or fulfillment responsibility.
  • Linked Products (External): WALRUS takes no commission on products linked to external stores (e.g., Shopify, Squarespace). Fans are redirected to the artist's own store for checkout.
• WALRUS.FM reserves the right to modify fee structures with 30 days' written notice to affected artists.
• 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 live stream events and in-person events are sold directly by artists through WALRUS.FM.
• Prices and availability are set by each artist.
• All ticket sales are final unless the event is cancelled by the artist.
• If an artist cancels a show, ticket holders may choose between a full refund or platform credits with a 10% bonus. If no choice is made within 14 days, a refund is issued automatically.

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.
• Subscribers may send direct messages to artists who have enabled messaging. Direct messaging is a subscriber benefit, not a guaranteed service. Artists are under no obligation to read, respond to, or engage with any message. Response times and engagement levels vary by artist and are solely at the artist's discretion.

5.3 Video Messages

• Fans may request personalized video messages from artists who have enabled this feature.
• Pricing is set by each artist.
• Artists have a set number of days to fulfill a request. If the artist does not respond within the specified window, the request expires and the fan receives a full refund.
• WALRUS.FM does not guarantee that an artist will accept or fulfill any request.

5.4 Platform Credits

• Platform credits may be issued to fans in connection with cancelled events or promotional offers.
• Credits can be applied toward future ticket purchases, event tickets, and video message requests on WALRUS.FM.
• Credits cannot be applied to subscriptions and cannot be redeemed for cash.
• Credits expire one (1) year from the date of issuance. Unused credits are forfeited upon expiration.
• When credits are applied, the oldest credits are used first (FIFO).

5.5 Merchandise

• Artist-Shipped Products: For products listed and sold on WALRUS.FM where the artist handles fulfillment, shipping, returns, and quality are governed by each artist's policies. WALRUS.FM is not responsible for fulfillment, quality, or delivery of artist-shipped merchandise.
• WALRUS Made Products: For products fulfilled through the WALRUS Made program, WALRUS.FM handles printing, packing, shipping, and customer service. WALRUS.FM sets retail pricing. Artists earn a fixed amount per item on each sale. WALRUS.FM manages returns and exchanges for WALRUS Made products.
• Linked Products: For merchandise linked to external stores (Shopify, Squarespace, etc.), the transaction occurs entirely on the external platform. WALRUS.FM is not a party to the sale and assumes no responsibility for fulfillment, quality, returns, or disputes.
• Artists may pause, unpause, or request removal of WALRUS Made products at any time from their dashboard.

5.6 Campaigns & Mailing Lists

• Artists may create campaign pages (presave pages, release links, landing pages) to promote their music and events.
• Fans who interact with campaigns may opt in to the artist's mailing list by providing their email address.
• Artists may use WALRUS.FM's built-in mailing list tools to send email campaigns to their subscribers and followers.
• Artists are responsible for ensuring their email communications comply with applicable laws, including CAN-SPAM, GDPR, and CASL. WALRUS.FM provides unsubscribe mechanisms on all outbound emails.
• WALRUS.FM reserves the right to suspend mailing list access for any artist found sending spam or abusive content.

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.
• Use mailing list tools to send spam, unsolicited content, or messages unrelated to your artist activity.
• Create campaigns or landing pages that contain misleading, fraudulent, or deceptive 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 integrates with third-party services including but not limited to: Stripe (payments), Clerk (authentication), Cloudflare (video streaming and file storage), Brevo (transactional email), and Shopify (external merch linking).
• Each third-party service has its own terms and privacy policy.
• WALRUS.FM is not responsible for the actions, availability, or data practices of any third-party service.
• Artists are responsible for managing and securing their linked accounts (e.g., Stripe Connect, external stores).

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:

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 Intellectual Property, Disclaimers, DMCA, Indemnification, and Dispute Resolution) 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: