Sheenomo LIVE is powered by StreamSpot, a service of Maximum Media, LLC.

By signing up for or using Sheenomo LIVE, you are agreeing to be bound by the terms and conditions of this Sheenomo LIVE Terms of Service Agreement (below), as well as the StreamSpot Customer Agreement. For the StreamSpot Customer Agreement, any mention of payments for the streaming video services shall be made to Sheenomo instead of StreamSpot.

If you do not agree to the terms and conditions of both agreements, you may not use Sheenomo LIVE.

1 - Agreement

This Terms of Service Agreement (the "Agreement") is between you and WEBPRO PRODUCTIONS, LLC d/b/a Sheenomo ("Sheenomo", "Sheenomo LIVE", "we", "us", or "our") and applies to your use of our Sheenomo LIVE service (collectively the "Service" or "Services"). As used herein, "You" (and "you") and "Your" (and "your") refer to your organization ("Organization") and those using the Service on behalf of the Organization ("Users").

In addition to the terms of this Agreement, you agree to the terms, features, and all other specifications on Our websites (Sheenomo.com) (collectively, our "Sites") and in the content management system of your website ("Platform") if you are using our websites Platform, collectively, the "Policies".

We may modify the terms of this Agreement or the Policies of the Services, Sites, or Platform at any time. We will post the amended Agreement to our Sites and send an email notification to the user who signed up for the Service of any Material Changes. A "Material Change" is limited to any change that involves an increase in fees or liability to You. If you do not accept a change to this Agreement or the Services offered, your sole remedy is to contact us to cancel your use of the Service. The date that this Agreement was last modified is listed at the bottom of the Agreement.

2 - Description of Service

Sheenomo LIVE is a video streaming service provided to You through a special partnership between Sheenomo and StreamSpot. The video streaming service and associated equipment is provided by StreamSpot. If you also have a website with Sheenomo, Sheenomo provides you with a module that allows you to easily drag-and-drop Sheenomo LIVE videos onto your website. You pay Sheenomo for the services provided by StreamSpot and Sheenomo in turn pays StreamSpot.

3 - Intellectual Property

Sheenomo owns all rights, title, and interest (including all intellectual property rights) in and to the drag-and-drop functionality of the Sheenomo LIVE module provided with the Sheenomo website Platform, as well as any software, technology, text, data, information, graphics, video, audio, documents, files, and web pages created or used by Sheenomo to make available and in connection with the Service.

"Sheenomo", "Sheenomo LIVE", "WEBPRO PRODUCTIONS, LLC", and other related logos, graphics, designs, icons, scripts, and service names are trademarks, registered trademarks, or service marks of Sheenomo and/or its suppliers (collectively, "Trademarks"), and may not be copied, reproduced, or distributed in any way without prior written consent from Sheenomo. You will notify Sheenomo of any violations of its intellectual property rights that you become aware of, in writing or by email.

4 - Payment Terms

For use of the Services, You agree to pay Sheenomo in advance for all applicable fees incurred by You in connection with your use of the Services. Payments may be made monthly automatically via ACH (electronic check) or credit/debit card, or annually via Check or ACH. Should your bank or credit card company charge us any fees such as, but not limited to, insufficient funds "NSF" or rejection fees or reversal fees, you will be responsible for these fees.

Your failure to pay the applicable fees related to the Services and/or any other amounts due at the time of collection will be a breach of this Agreement. Sheenomo reserves the right to deactivate or cancel your use of the Services due to unpaid fees and such deactivation or cancellation will result in the suspension of all streaming services provided by StreamSpot via Sheenomo LIVE. You will be liable for our costs associated with the collection of any unpaid fees, including but not limited to attorneys’ fees, court costs, and collection agency fees.

Sheenomo reserves the right to change any fees or billing methods at any time related to the Services. However, such modifications shall not take effect earlier than thirty (30) days after Sheenomo posts such modification on the Sheenomo website (http://Sheenomo.com).

5 - Termination

You may terminate this Agreement by canceling the Services at any time by contacting us. We may terminate this Agreement and cancel the Services for any reason at any time upon notice to you. You agree that any applicable fees related to the Services or other amounts due to us as outlined in this Agreement, or that you have a legal obligation to pay us, will be due and payable upon termination of this Agreement. We may also suspend your use of the Services as outlined in the Payment Terms of this Agreement, or for any other reason, at any time. Upon termination of this Agreement by you or us, no full or partial refunds for previous payments will be issued. Sections 3, 13, 14, 15, and 16 of this Agreement will survive and remain in effect upon the termination of this Agreement.

6 - Communications

By using the Services, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges and other information concerning or related to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Your continued consent is required to use the Services. To withdrawal your consent, you will need to cancel your use of the Services.

7 - Privacy

Through the use of the Services, you may receive information or insight relating to us or to the Service that is not known to the general public ("Confidential Information"). You agree that all Confidential Information is the exclusive property of Sheenomo and that you will not disclose Confidential Information to any individual, company, or other third party.

Upon signing up for the Services, if you provide us with your ACH information, credit/debit card information, and other information about your Organization (collectively, “Organization Information"), the ACH and/or credit/debit card information is stored by our merchant account and the other Organization Information is stored by us. You agree that we may access and use any and all of this information to process applicable fees associated with the Services and other amounts due to us by you as outlined in the Payment Terms of this Agreement, as well as to contact you as outlined in our Privacy Policy.

8 - Security

You are responsible for maintaining the secrecy, security, and confidentiality of your account and password information. You shall be responsible for any consequences of the use or misuse of such account and password. You will notify Sheenomo of any breach in security or unauthorized use of the Services that you become aware of within 24 hours of your awareness of such activities.

9 - Right to Refuse Services

Sheenomo reserves the right to refuse to provide the Service or any service to any party for any reason. 

10 - Modification of Services

Sheenomo reserves the right, at its sole discretion, to, at any time, modify, or discontinue any Services, temporarily or permanently, including the imposition of limits on certain features or restriction of access to parts or all of the Services, with or without notice.

11 - Our Use of The Services on Your Behalf

We may from time to time access the Service on your behalf using our master accounts, and at your request, perform operations within the Service on your behalf. Examples include, but are not limited to, assisting you in resolving an issue or correcting an error.

12 - Customer Support

Customer support is limited to issues related directly to the delivery of the Services. Customer support is not provided for third party programs, products, software or services. Customer support is available 8:00 a.m. to 5:00 p.m. CST, Monday through Friday, via phone or email.

13 - Disclaimer of Warranties

THE SITES AND THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", "WITH ALL FAULTS", AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Sheenomo DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR; THAT DEFECTS WILL BE CORRECTED; OR WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY.

14 - Limitation on Liability

Sheenomo AND OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, OUR SITES, THE SERVICES (INCLUDING THE INABILITY TO USE THE SERVICE), ANY APPLICATION USING OUR SERVICE, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR EMPLOYEES, OWNERS, SUPPLIERS, AGENTS AND REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE MONTH OF THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. In no event will we be liable to you for any failure or delay by us (or our employees, owners, suppliers, agents, or representatives) in performing our obligations under this Agreement, regardless of whether the failure or delay is caused by an event or condition beyond our control.

15 - Indemnification

You agree to indemnify and hold harmless Sheenomo and its employees, owners, suppliers, agents, and representatives (collectively, the "Indemnified Parties") from any and all claims and demands, losses, costs, damages, judgments, tax assessments, interest, and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) Your breach of this Agreement; (ii) your wrongful or improper use of the Services; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; or (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of this Agreement or the Services. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Sheenomo or its employees, owners, suppliers, agents, and representatives.

16 - Governing Law

This Agreement shall be governed by the laws of the State of Texas without regard to its choice of law provisions. For any non-arbitral action or proceeding, the parties submit to the exclusive jurisdiction and venue of Brazos County, Texas. If any term or provision of this Agreement should finally be construed as unenforceable, then the remaining provisions shall remain in full force and effect and shall be binding upon the party to be charged.

17 - Force Majeure

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Sheenomo may immediately terminate this Agreement and shall have no liability therefore.

18 - No Waiver

Our failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

19 - No Agency

You agree that nothing in this Agreement is intended to or creates any type of joint venture, agency, partnership, employee-employer, creditor-debtor, escrow, or any fiduciary relationship between you or us.

20 - Severability

If any provision of this Agreement is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision; the remainder of this agreement will remain in full force and effect.

21 - Modification of Agreement

You agree that Sheenomo may modify this Agreement, as well as any additional rules or policies that are or may be published by Sheenomo, as necessary to comply with agreements with third parties now or in the future or for any other reason. Your sole and exclusive remedy if you do not agree with any modification of this Agreement shall be to stop using the Services. If you continue to use the Services, you are bound by any modifications to this Agreement.

22 - Entire Agreement

This Agreement contains the entire policy between you and Sheenomo with respect to the use of the Services outlined in this Agreement. It supersedes all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.

23 - Our Contact Information

Please direct all correspondence and notices related to this Agreement to the following:

Sheenomo
PO Box 9901
College Station, TX 77842
877-932-5335
[email protected]

Agreement Last Modified: ​May 16, 2018