Terms of Service

Effective Date: January 1, 2025 | Last Updated: January 1, 2025

Welcome to Ah Shatter ("we", "our", "us", "the Platform"). By accessing or using our website at https://ahshatter.com (the "Site"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Site. These Terms constitute a legally binding agreement between you and Ah Shatter.

             Important: By using Ah Shatter, you acknowledge that you have read, understood, and agree to these Terms. We reserve the right to modify these Terms at any time. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.
        

1. Eligibility

By using Ah Shatter, you represent and warrant that:

You are at least 13 years of age. If you are between 13 and 18, you must have parental or legal guardian consent to use the Site.
You have the full power and authority to enter into this agreement.
Your use of the Site does not violate any applicable laws or regulations.
You will not use the Site for any illegal or unauthorized purpose.

2. Description of Services

Ah Shatter provides a platform for users to:

Stream Music: Listen to songs from various Malawian artists for free.
Download Music: Download free MP3 files of songs available on the platform.
Upload Music (Artists): Registered artists can upload their original music, cover art, and metadata.
Discover Content: Browse songs by genre, artist, or popularity.
Follow Artists: Show support for your favorite artists.

All services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind.

3. User Accounts and Registration

While you can stream and download music without an account, certain features require registration:

Artist Accounts: To upload music, you must register and provide accurate, complete information including your email address and artist details.
Account Security: You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.
Account Termination: We reserve the right to suspend or terminate any account at our sole discretion, without notice, for conduct that violates these Terms or is harmful to other users or the Platform.

4. Content Ownership and Licensing

4.1 Our Content

All content provided by Ah Shatter, including but not limited to the website design, logos, graphics, text, and software, is owned by or licensed to Ah Shatter and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of our content without explicit permission.

4.2 Your Content (User-Uploaded Music)

By uploading music, cover art, or other content ("User Content") to Ah Shatter, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to:

Host, store, cache, and display your User Content on the Site.
Stream, download, and make your User Content available to other users.
Promote and advertise your User Content across our platform and social media channels.
Use your artist name, image, and biographical information for promotional purposes.

4.3 Artist Representations and Warranties

You represent and warrant that:

You own or have obtained all necessary rights, licenses, and permissions to upload and distribute your User Content.
Your User Content does not infringe upon the copyright, trademark, patent, or other intellectual property rights of any third party.
Your User Content does not contain any illegal, defamatory, obscene, or otherwise harmful material.
You have obtained permission from any featured collaborators or producers featured in your music.

Copyright Infringement Warning: Uploading copyrighted material that you do not own is strictly prohibited. We take copyright violations seriously and will remove infringing content and terminate repeat infringers' accounts.

5. Prohibited Conduct

You agree NOT to:

Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful.
Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
Use the Site to distribute viruses, malware, or other harmful code.
Attempt to gain unauthorized access to our servers, databases, or user accounts.
Scrape, crawl, or use automated systems to extract data from the Site without our permission.
Interfere with or disrupt the integrity or performance of the Site.
Reverse engineer, decompile, or disassemble any software used on the Site.
Use the Site for any commercial purpose without our express written consent.
Bypass any measures we use to prevent or restrict access to the Site.
Share download links to third-party sites or attempt to resell downloaded music.

6. Music Downloads

Songs downloaded from Ah Shatter are provided for personal, non-commercial use only. You may not:

Sell, redistribute, or sublicense downloaded music files.
Use downloaded music in commercial projects, advertisements, or for public performance without explicit permission from the copyright holder.
Modify, alter, or create derivative works from downloaded music files.

We do not transfer ownership of any copyrighted material to you. All rights remain with the original artists and rights holders.

7. Third-Party Links and Advertisements

The Site may contain links to third-party websites or display advertisements from third parties. These links and ads are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites. You access them at your own risk.

8. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AH SHATTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT OBTAINED THROUGH THE SITE.
WARRANTIES THAT DOWNLOADED FILES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not guarantee that any specific song will remain available on the Platform. Artists may request removal, and we reserve the right to remove content at any time.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AH SHATTER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR USE OR INABILITY TO USE THE SITE.
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE.
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT OF $50 USD OR THE EQUIVALENT IN MALAWIAN KWACHA.

             Jurisdiction Note: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
        

10. Indemnification

You agree to indemnify, defend, and hold harmless Ah Shatter and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Site.
Your violation of any term of these Terms.
Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
Any claim that your User Content caused damage to a third party.

11. Copyright Infringement (DMCA Notice)

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on Ah Shatter infringes your copyright, please provide a written notice to our Copyright Agent containing:

A physical or electronic signature of the copyright owner or authorized representative.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing and information reasonably sufficient to locate it.
Your contact information (address, phone number, and email).
A statement that you have a good faith belief that use of the material is not authorized.
A statement that the information in the notice is accurate, under penalty of perjury.

Copyright Agent Contact: copyright@ahshatter.com

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will cease immediately. For artists, termination may result in the removal of your uploaded content from the Platform.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of Malawi, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Lilongwe, Malawi, and you hereby consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Before filing a claim against Ah Shatter, you agree to first contact us at legal@ahshatter.com and attempt to resolve the dispute informally. If the dispute cannot be resolved within 30 days, either party may pursue legal action as permitted by these Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. The offending provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ah Shatter regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Ah Shatter.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@ahshatter.com
Legal Inquiries: legal@ahshatter.com
Website: https://ahshatter.com

             Acknowledgment: BY USING AH SHATTER, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
        