Terms of Service | Psychic Homily

1. Acceptance of Terms

Welcome to Psychic Homily. These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and the operator of Psychic Homily ("I," "me," or "my") governing your access to and use of the Psychic Homily website, applications, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that:

You are at least 16 years old;
You have the legal capacity to enter into these Terms;
You are not prohibited from using the Service under any applicable law;
Your use of the Service will not violate any applicable law or regulation.

If you are between 16 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms.

3. Description of Service

Psychic Homily is a platform for discovering live music shows and events. The Service allows users to:

Browse and search for upcoming music shows and events;
Save shows to a personal collection;
Submit new shows and events for listing;
Access information about artists and venues;
Read blog content about music news and reviews.

I reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3.1 Pricing and Future Paid Features

The Service is currently provided free of charge. I may introduce optional paid features in the future. If that happens, I will provide clear notice of pricing and any updated terms before you are charged, and no charges will be applied retroactively.

4. User Accounts

4.1 Account Creation

To access certain features of the Service, you must create an account. You may register using an email address and password, a magic link, a passkey, or through third-party authentication providers (Google, GitHub). You agree to provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) immediately notify me of any unauthorized use of your account; (b) ensure you log out of your account at the end of each session; and (c) not share your account credentials with any third party.

4.3 Account Termination

You may delete your account at any time through your account settings. Upon deletion, your account will enter a 30-day grace period during which you may request account recovery. After this period, your account and associated data will be permanently deleted in accordance with the Privacy Policy.

5. User-Generated Content

5.1 Your Content

"User Content" means any content you submit, post, or transmit through the Service, including but not limited to show submissions, profile information, and any other materials. You retain ownership of your User Content, subject to the license granted below.

5.2 License to Psychic Homily

By submitting User Content, you grant me a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and providing the Service. This license continues even if you stop using the Service, but only for User Content that has been made public or shared with others.

5.3 Your Representations

You represent and warrant that:

You own or have the necessary rights to submit the User Content;
Your User Content does not infringe any third party's intellectual property or other rights;
Your User Content complies with these Terms and all applicable laws;
Your User Content is accurate and not misleading.

5.4 Content Removal

I reserve the right, but have no obligation, to monitor, review, or remove User Content at my sole discretion, without notice, for any reason, including but not limited to violations of these Terms or applicable law.

6. Acceptable Use Policy

You agree not to use the Service to:

Violate any applicable law, regulation, or these Terms;
Infringe the intellectual property rights of others;
Submit false, misleading, or inaccurate information about shows, artists, or venues;
Harass, abuse, threaten, or intimidate other users;
Post content that is defamatory, obscene, pornographic, or promotes violence or discrimination;
Spam, phish, or distribute malware;
Attempt to gain unauthorized access to the Service or other users' accounts;
Interfere with or disrupt the Service or servers;
Use automated means (bots, scrapers) to access the Service without my written permission;
Collect or harvest user information without consent;
Impersonate any person or entity;
Use the Service for any commercial purpose without my prior written consent.

7. Intellectual Property

7.1 Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by Psychic Homily and are protected by copyright, trademark, and other intellectual property laws. Psychic Homily trademarks and trade dress may not be used without my prior written permission.

7.2 Limited License

Subject to your compliance with these Terms, I grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant me the right to use such feedback without restriction or compensation to you.

8. Copyright Policy

I respect the intellectual property rights of others and expect users to do the same. If you believe that content on the Service infringes your copyright, please contact me at hello@psychichomily.com with:

Identification of the copyrighted work you believe is infringed;
Identification of the material you believe is infringing, with enough detail to locate it;
Your contact information;
A statement that you have a good faith belief that the use is not authorized.

I will review copyright complaints promptly and remove infringing content where appropriate. I may terminate the accounts of users who repeatedly infringe copyrights.

9. Third-Party Services and Links

The Service may contain links to third-party websites, services, or content, including but not limited to:

Embedded music players from Spotify, Bandcamp, and SoundCloud;
Authentication services from Google and GitHub;
Links to venue websites and ticket purchasing platforms.

I do not control and am not responsible for the content, privacy policies, or practices of third-party services. Your interactions with third-party services are governed by their respective terms and policies.

10. Artist and Venue Information

10.1 Nature of Information

Psychic Homily publishes factual information about live music events, including artist names, venue names, event dates, times, and related details. This information is published for informational purposes to help music fans discover local shows. I do not claim any ownership of artist or venue names, trademarks, or intellectual property.

10.2 Information Sources

Event information on the platform comes from: (a) user submissions; (b) publicly available sources such as venue websites, social media, and press releases; and (c) direct submissions from artists, venues, or promoters. I strive for accuracy but cannot guarantee that all information is complete or current.

10.3 Content Correction Requests

If you are an artist, venue, or promoter and you believe information about your events is inaccurate, outdated, or incomplete, you may request a correction by contacting me at hello@psychichomily.com. Please include:

Your name and role (artist, venue representative, promoter, etc.);
The specific listing(s) requiring correction;
The correct information or details of the error;
Contact information so I can verify your identity if needed.

I will review correction requests promptly and make reasonable efforts to update or correct information within 7 business days.

10.4 Artist and Venue Removal Requests

I believe that listing publicly announced shows serves the public interest by helping fans discover live music. However, I respect that artists and venues may have legitimate reasons to request removal of their information. You may request removal if:

The event has been cancelled;
The event is private and was listed in error;
You have safety or privacy concerns;
The listing contains materially false information that cannot be corrected;
Other legitimate reasons at my discretion.

To request removal, email hello@psychichomily.com with the subject line "Removal Request" and include verification of your identity and relationship to the event. I will review requests on a case-by-case basis and respond within 14 business days.

10.5 No Implied Endorsement

The inclusion of any artist, venue, or event on the platform does not imply endorsement by that artist or venue of Psychic Homily, nor does it imply my endorsement of any artist, venue, or event. Psychic Homily is an independent informational service.

10.6 Artist and Venue Images

I may display artist photos, venue images, or promotional materials in connection with event listings. If you are the copyright owner of an image and wish to have it removed, please contact me as described in Section 8. If you are an artist and object to the use of your likeness for non-copyright reasons, please contact me at hello@psychichomily.com with the subject line "Image Removal Request."

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

I do not warrant that:

The Service will be uninterrupted, secure, or error-free;
The information provided through the Service (including show times, venues, and artist information) is accurate, complete, or current;
Shows or events listed on the Service will actually occur as described;
Any errors or defects will be corrected.

You acknowledge that show information is often submitted by users or gathered from third-party sources, and I cannot guarantee its accuracy. Always verify event details with the venue or official sources before attending.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

MY TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, my liability will be limited to the fullest extent permitted by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the operator of Psychic Homily from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another party.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any court proceeding, you agree to first contact me at hello@psychichomily.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Small Claims Court

If informal resolution fails, either party may bring a claim in small claims court in Maricopa County, Arizona, provided the claim falls within the court's jurisdictional limits.

14.3 Other Court Claims

Any dispute that is not eligible for small claims court must be brought in the courts specified in Section 16.

15. Termination

I may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including if I reasonably believe you have violated these Terms. Upon termination:

Your right to use the Service will immediately cease;
I may delete your account and User Content;
Provisions that by their nature should survive termination will survive, including Sections 5.2, 7, 8, 11, 12, 13, 14, and 16.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona, except where applicable law or Section 14 allows otherwise.

17. Changes to These Terms

I reserve the right to modify these Terms at any time. If I make material changes, I will notify you by posting the updated Terms on this page and updating the "Last Updated" date. For significant changes, I may also provide additional notice (such as an email notification). Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the operator of Psychic Homily regarding the Service and supersede all prior agreements.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

My failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms without my prior written consent. I may assign my rights and obligations under these Terms without restriction.

18.5 Force Majeure

I will not be liable for any failure or delay in performance due to circumstances beyond my reasonable control, including natural disasters, war, terrorism, labor disputes, or internet service failures.

19. Contact Us

Psychic Homily is operated by an individual sole proprietor, Michael Trifilo, based in Arizona, United States.

If you have any questions about these Terms, please contact me at hello@psychichomily.com.