Termsof Service
music and e-commerce services
Acceptance
By accessing or using Swendl's services, you agree to be bound by these Terms of Service and all applicable laws and regulations.
Last updated: 7/1/2025
These terms govern your use of our music services, e-commerce platform, and all related content and features. If you do not agree with any part of these terms, you may not use our services. You must be at least 18 years old or have parental consent to use our services.
Our Services
Swendl provides a range of music and e-commerce services including:
- Music Services: Original music production, DJ performances, streaming content, music distribution, and fan engagement platforms
- E-Commerce Platform: Custom merchandise, branded products, music-related items, and exclusive collectibles through our print-on-demand partnership
- Digital Content: Music downloads, exclusive tracks, remixes, and digital merchandise
- Community Features: Fan interactions, newsletters, updates, and exclusive content access
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of services.
User Accounts
When creating an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Account Responsibilities: Keep your login information secure, notify us immediately of any unauthorized use, maintain accurate contact and billing information, and comply with all terms and policies.
We reserve the right to terminate accounts that violate these terms, engage in fraudulent activity, or remain inactive for extended periods. Upon termination, your access to services will cease, though previously purchased products remain valid according to their specific terms.
Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these terms. The following activities are strictly prohibited:
- Illegal Activities: Using our services for any unlawful purpose or in violation of local, state, or federal laws
- Intellectual Property Violations: Copying, distributing, or creating derivative works of our music without permission
- Fraud & Abuse: Making unauthorized purchases, using stolen payment methods, or engaging in chargebacks without cause
- Harassment: Sending unsolicited communications, spam, or abusive messages through our platforms
- System Interference: Attempting to hack, disrupt, or interfere with our website or services
- Commercial Misuse: Using our music for commercial purposes without proper licensing agreements
Violation of these terms may result in immediate account termination, legal action, and cooperation with law enforcement authorities.
Intellectual Property
All content on our platform, including music, artwork, designs, logos, and written content, is owned by Swendl or our licensors and is protected by copyright, trademark, and other intellectual property laws.
Music Rights: Our original music is protected by copyright. Personal listening and enjoyment are permitted, but commercial use, public performance, or distribution requires explicit written permission. Streaming through authorized platforms (Spotify, Apple Music, etc.) is permitted under their respective terms.
Trademark Protection: "Swendl" and associated logos are our trademarks. Unauthorized use in connection with goods or services is prohibited.
DMCA Compliance: We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe your copyrighted work has been used without permission, contact us at[email protected] with detailed information about the alleged infringement.
Purchase Terms
All purchases are subject to acceptance by us. We reserve the right to refuse or cancel orders for any reason, including product unavailability, pricing errors, or suspected fraudulent activity.
Pricing & Payment: All prices are in USD unless otherwise specified. Prices include applicable taxes where required by law. International customers may be subject to additional duties, taxes, or fees imposed by their country. Payment is processed securely through Stripe, and we do not store your credit card information.
Order Processing: Digital products are delivered immediately upon payment confirmation. Physical products are processed within 2-5 business days and then shipped via our Printify partnership. You will receive order confirmations and tracking information via email.
Product Availability: Physical products are printed on-demand, so availability may vary. Digital products are generally available immediately unless otherwise noted. We will notify you if any items become unavailable after purchase.
Shipping & Delivery
Physical products are fulfilled through our partnership with Printify and shipped globally using reliable carriers including USPS, UPS, FedEx, and DHL.
Shipping Timeframes: Processing takes 2-5 business days, followed by shipping time which varies by destination: Domestic US (3-7 business days), Canada (7-14 business days), Europe (7-14 business days), and International (10-21 business days). Expedited shipping options may be available at checkout.
Shipping Costs: Calculated at checkout based on destination, package size, weight, and selected delivery speed. Free shipping promotions may apply to orders over specified amounts.
International Shipping: Available to most countries worldwide. Customers are responsible for any customs duties, taxes, or import fees imposed by their country. We cannot control or predict these additional costs.
Delivery Issues: We are not responsible for packages lost, stolen, or damaged during shipping. However, we will work with carriers to resolve delivery issues and may offer replacements on a case-by-case basis. Please ensure your shipping address is accurate, as we cannot redirect packages once shipped.
Undeliverable Packages: Packages returned due to incorrect addresses, refused delivery, or failure to pay customs fees may be subject to reshipping charges or order cancellation without refund.
Returns & Refunds
Due to the custom, print-on-demand nature of our physical products, we generally do not accept returns for change of mind, incorrect size selection, or color preferences. However, we stand behind the quality of our products.
Eligible Returns: We will accept returns and provide refunds or replacements for:
- Defective Products: Items with printing defects, material flaws, or manufacturing errors
- Incorrect Orders: When we ship the wrong product, size, or design
- Damaged in Transit: Products damaged during shipping with photographic evidence
- Significantly Delayed Orders: Products not shipped within 14 business days of order placement
Return Process: Contact us within 14 days of delivery with photos of the issue. We will provide a prepaid return label for eligible returns. Refunds are processed within 5-10 business days after we receive and inspect the returned item.
Digital Product Refunds: Digital music downloads and content are generally non-refundable due to their immediate delivery and nature. Exceptions may be made for technical issues preventing download or access.
Refund Method: Refunds are issued to the original payment method used for purchase. Processing time depends on your bank or credit card company, typically 3-5 business days.
Third-Party Services
Our services integrate with trusted third-party providers to deliver the best experience. Your use of these services is also governed by their respective terms and policies.
Printify Partnership: Physical product fulfillment is handled by Printify. Their terms of service and quality standards apply to all printed products. Production delays or quality issues beyond our control may occur.
Stripe Payment Processing: All payments are processed through Stripe's secure platform. Stripe's terms of service govern payment processing, disputes, and refunds.
Music Distribution: Our music is distributed through various streaming platforms (Spotify, Apple Music, YouTube, etc.). Your interaction with our music on these platforms is subject to their individual terms of service.
We are not responsible for the availability, content, or actions of third-party services, but we carefully select partners who meet our standards for quality and reliability.
Music Licensing
When you purchase or stream our music, you receive specific usage rights. These rights vary depending on how you access the content.
Personal Use License: Streaming and purchased downloads are licensed for personal, non-commercial use only. This includes listening for enjoyment, personal playlists, and private sharing with friends.
Commercial Use Restrictions: Our music cannot be used in commercial projects, advertisements, films, podcasts, or public performances without a separate licensing agreement. This includes background music for businesses, content creation, or social media with commercial intent.
Remix & Derivative Works: Creating remixes, mashups, or derivative works requires explicit permission. Unauthorized sampling or incorporation of our music into other works is prohibited.
Commercial Licensing Available: For commercial use, sync licensing, or custom music production, contact us at [email protected] to discuss terms and pricing.
Live Performances
DJ bookings and live performances are subject to separate agreements, but these general terms apply to all performance-related interactions and bookings made through our platform.
Booking Terms: All performance bookings require a signed agreement and deposit. Specific terms including cancellation policies, technical requirements, and payment schedules will be outlined in individual performance contracts.
Cancellation Policy: Cancellations by the client less than 30 days before the event may result in forfeiture of deposit. Cancellations by Swendl due to illness or emergency will result in full refund or rescheduling options.
Recording Rights: The venue and attendees may not record performances without prior written consent. Professional recording or streaming requires separate licensing agreements.
Disclaimers
Our services are provided "as is" without warranties of any kind, either express or implied. We make no representations about the accuracy, reliability, completeness, or timeliness of our content or services.
Service Availability: We do not guarantee that our services will be available 24/7 without interruption. Maintenance, updates, or technical issues may cause temporary unavailability.
Product Quality: While we strive for high-quality products, variations in printing, colors, and materials may occur due to the print-on-demand nature of our merchandise. We work with Printify to maintain quality standards but cannot guarantee perfect uniformity.
Third-Party Content: We are not responsible for the content, accuracy, or availability of third-party websites, platforms, or services linked from our site.
Liability Limits
To the fullest extent permitted by law, Swendl shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses.
Maximum Liability: Our total liability for any claims related to our services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
Excluded Damages: We are not liable for damages caused by your use or inability to use our services, unauthorized access to your data, third-party actions, or events beyond our reasonable control.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Disputes
These terms are governed by the laws of the United States and the state where Swendl is located, without regard to conflict of law principles.
Resolution Process: Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes. Many issues can be resolved quickly through direct communication.
Jurisdiction: Any legal disputes that cannot be resolved directly will be subject to the exclusive jurisdiction of the courts in our local jurisdiction.
Time Limitation: Any claims must be brought within one year of the cause of action arising, or such claim will be permanently barred.
Termination
We may terminate or suspend your access to our services at any time, with or without cause, with or without notice, for any reason including breach of these terms.
Effect of Termination: Upon termination, your right to use our services ceases immediately. Previously purchased digital content may remain accessible, but new purchases and account features will be unavailable.
Data Retention: After termination, we may retain certain information as required by law or for legitimate business purposes, as outlined in our Privacy Policy.
You may terminate your account at any time by contacting us at[email protected].
Contact & Updates
If you have questions about these Terms of Service, please contact us:
Legal Inquiries: [email protected]
General Support: [email protected]
Business Hours: Monday - Friday, 9 AM - 5 PM EST
Terms Updates: We may modify these terms at any time. Significant changes will be announced via email to registered users and posted on our website. Continued use of our services after changes constitutes acceptance of the modified terms.
Entire Agreement: These terms, along with our Privacy Policy, constitute the entire agreement between you and Swendl regarding the use of our services.