Terms of Use

thesonghunters.com
TERMS OF USE
Date of last revision: March 23, 2021

thesonghunters.com ("The Song Hunters," “TSH,” "we," "us") which is owned and operated by The Song Hunters LLC provides this website and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this Terms of Use Agreement (the "Agreement"). This Agreement also governs the relationship between TSH and you, the Site visitor (parties that simply browse the website without being or becoming a registered user) and/or member ("you", "your"), with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.

By accessing or using the site, you signify that you have read, understand and agree to be bound by this agreement. This Terms of Use of Agreement also includes and hereby incorporates the site’s Privacy Policy located at http://www.thesonghunters.com/privacy. You agree to be bound by both agreements/policies.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) this site or any of the services offered herein.

1. MODIFICATIONS TO TERMS OF USE
TSH reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms of Use or by otherwise posting on the Website, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. This Agreement includes and incorporates the site’s Privacy Policy located at http://www.thesonghunters.com/privacy.

It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes. You agree that TSH shall not be liable to you for any delay or other damages that might result from any changes to the Terms of Use, if any. We reserve the right, in our sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or other information and/or deny, restrict, suspend, or terminate your access to all or any part of the Website if we determine, in our sole discretion, that you have violated this Agreement or pose a threat to the Website and/or its other users.

If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) this site.

2. SUMMARY OF SERVICE PROVIDED
thesonghunters.com is a website which offers in part a music licensing evaluation service, which to the complete, sole, and absolute discretion and opinion of the owner(s) of thesonghunters.com in their roles as owners of the site and/or private roles as music supervisors, may or may not culminate into an actual music licensing opportunity.

You expressly understand that the music licensing evaluation service provided offered through this site does not guarantee any potential or actual licensing deal to any user, visitor, or member of the site whatsoever. You further agree and acknowledge that any resultant evaluation of the music provided through the site’s service shall not be construed as defamation, libel, slander, intentional infliction of emotional distress, or negligent infliction of emotional distress. The service of thesonghunters.com is provided in consideration of a submission fee paid to TSH for each musical track submitted for the service, and said fee amount may change from time to time, without notice, to the discretion of the owners of TSH.

You expressly permit the site owners to include your contact information into a database for the purpose of contacting you for future possible music licensing opportunities. TSH does not make this database available to third parties.

Your use of this site and submission of music tracks for a music licensing evaluation does not create any exclusive or non exclusive licensing agreement with respect to the user’s music and TSH or any third party.

3. ELIGIBILITY
Use of the Website and registration to become member of the site is void where prohibited. You must be at least 18 years old or otherwise have the express consent of your parents or legal guardians, but in no event younger than 13 years old, to use the Website. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately. By agreeing to these terms or by using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Website may require each User seeking to use its services to complete a profile for validation by the Website. The Website reserves the right to decline its services to any User for any reason and without explanation based upon its findings in validating the User’s profile.

TSH cannot prohibit minors from visiting this site and must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org) and OnGuard Online (http://onguardonline.gov). Please note that TSH does not endorse any of the products or services listed at such websites.

4. ACCESS FROM OUTSIDE OF THE UNITED STATES
The Site is primarily directed to individuals residing in the United States. We make no representation that services or materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.

5. TERM OF AGREEMENT
Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Website or are a Member. You may terminate your membership (“Membership”) at any time, for any reason, by following the instructions on the Website. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Upon such termination, you must immediately discontinue use of the Website, and TSH shall in no way be responsible to you for such termination. In the event your Membership is terminated by us other than for cause, you will receive a refund for any outstanding Submission(s) for which you have not received a music licensing evaluation(s) for. Even after Membership is terminated, this Agreement will remain in effect.

6. SUBMISSION FEE AND REFUND POLICY

TSH charges a fee (“submission fee”) for up to two musical tracks (user content) submitted through the Website by an individual user/member, or up to five for a publisher/library. TSH has discretion at all times to change the amount of the submission fee for the music licensing evaluation service it provides. By paying the Submission Fee, you agree to and authorize TSH, through its designated payment processor paypal.com, to charge the account you specify for the payment amount. All payments are to be made in United States Dollars.

There are absolutely no refunds for any music licensing evaluation fees, at any time, whatsoever - please make your purchases herein wisely. Although we strive to provide detailed feedback on song submissions, you hereby acknowledge and understand that any evaluation provided through TSH site service may a minimal evaluation without any details. Again - please make your purchases herein wisely as refunds will not be provided under circumstances for TSH music licensing evaluation service.

If you do not agree to the Submission Fee, our refund policy, or the payment methods of the submission fee through paypal.com, then do not make any purchases on the site.

7. USER CONTENT AND WARRANTIES
TSH does not claim any ownership rights in any sounds, musical works, works of authorship, images, photos, video, files, documents, applications, or any other materials, including but not limited to Submissions, that you submit to the site (“User Content”). After directly submitting your music track(s)/user content to the site for the music licensing evaluation service, you continue to retain any ownership rights that you may have in your User Content, subject to the limitations below:

A. YOU EXPRESSLY REPRESENT AND WARRANT THAT: (i) you own or control the intellectual property rights to your music submitted through the site service for licensing evaluation (ii) the submission of your music tracks and/or user content on or through the site does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. (iii) You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Website, and (iv) YOU EXPRESSLY AGREE TO INDEMNIFY THESONGHUNTERS.COM, THE SONG HUNTERS LLC, THEIR AGENTS, EMPLOYEES, AND OFFICERS FOR ANY CIVIL OR CRIMINAL LIABILITY REGARDING MATERIAL YOU HAVE SUBMITTED WHICH INFRINGES ON INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OWNED BY ANOTHER PARTY.

B. No portion of your Submissions shall be subject to any obligation of confidence on our part and you should expect no privacy with respect to your Submissions, except for personally identifiable information that is subject to our privacy policy.

C. You are entirely responsible for all your Submissions, including without limitation the consequences of posting or publishing them on the Site.

D. We reserve the right to decide whether, where, and how a Submission is listed on the Site. We may refuse to post, deliver, modify or otherwise use or take any action with respect to any Submission. If we have questions about your Submissions including without limitation with respect to copyright, we may contact you for further information. We may remove Submissions without prior notice.

E. You may request us in writing to remove a Submission you provided, or to be removed from our database.

F. TSH may reject, refuse to post, or delete any User Content for any or no reason, including User Content that in the sole judgment of TSH violates this Agreement or which may be offensive, illegal or violates the rights of any person or entity, or harm or threaten the safety of any person or entity. TSH assumes no responsibility for monitoring the Website for inappropriate User Content or conduct. If at any time TSH chooses, in its sole discretion, to monitor the Website, TSH nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

G. You are solely responsible for the User Content that you submit to the Website.

8. LIMITATION ON LIABILITY
TSH prides itself on integrity and verifies information received from Users to the best of our knowledge and ability. We rely on Users to inform us of any misrepresentation, and to help maintain the integrity of our service. Notwithstanding the foregoing, TSH makes no warranties as to the quality, safety or legality of any User Content. By your use of the site you agree and acknowledge to be solely responsible for the accuracy, substance and veracity of any User Content that you submit or transmit through the Website.

TSH can not, and does not guarantee or promise any specific results from use of the site or service on the site. In no event shall TSH, its directors, officers, employees, agents, suppliers, licensors or third parties connected with the site or site service be liable for any damages, whatsoever, including, but not limited to, any special, incidental, or consequential damages, direct or indirect damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to any use, whatsoever, of the site, or its service.

Notwithstanding any other provision of this Agreement, you expressly agree and understand that our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us, for your use of the site service during the term of this Agreement. Further, except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the site or its service, even if we have been advised of the possibility of such damages.

FURTHER, TSH DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TSH CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES ON THIS SITE WHICH HAVE BEEN DESIGNATED AS AUTHORIZED FOR AND AVAILABLE FOR DOWNLOADING FROM THIS SITE WILL BE FREE OF VIRUSES, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE DAMAGE OR HARM TO YOUR COMPUTER(S) OR NETWORK(S). TSH FURTHER DISCLAIMS ANY RESPONSIBILITY TO ENSURE THAT THE CONTENT LOCATED ON THIS SITE IS NECESSARIY COMPLETE AND UP-TO-DATE. YOU ACKOWLEDGE THAT THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TSH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.

9. REGISTRATION INFORMATION
In consideration of your use of the site, any and all prospective registered members:

A. agree to provide accurate, current and complete information as prompted by any registration forms on the Website ("Registration Information");

B. agree to maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete;

C. agree to maintain the security of their password and identification;

D. agree to be fully responsible for all use of their account and for any actions that take place using their account;

E. understand that misrepresentation may preclude use of the Website in the future and/or civil and/or legal action against you;

F. understand that TSH does not guarantee any specific results from use of the Website by Users, including but not limited to the procurement of a music licensing deal;

G. consent to being contacted by a Website professional for purposes of seeking feedback to ensure and evaluate the quality of its services; and updates on our news and services; and

H. Ensure that you log out from your account after each use

10. LIMITED LICENSE TO ACCESS AND USE THE SITE FOR PERSONAL USE
A. All content on the Website, including software applications, designs, text, graphics, pictures, video, information, and other files, and their selection, coordination and arrangement (the "Site Content"), are the proprietary property of TSH, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without TSH's prior written permission.

B. Notwithstanding the foregoing, provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content for the submission of a music licensing evaluation through the service offered on the site, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of TSH, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

11. PROHIBITED CONTENT/ACTIVITY
The following are examples of the kind of user content that is illegal or prohibited to submit to the site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Website and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of TSH:

A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person;
C. exploits people in a sexual or violent manner;
D. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
E. solicits personal information from anyone under 18;
F. publicly posts information that poses or creates a privacy or security risk to any person;
G.constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
K. Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
M. involves commercial activities and/or sales without prior written consent from TSH such as contests, sweepstakes, barter, advertising, or pyramid schemes;
N. includes a photograph or video of another person that you have posted without that person's consent;
O. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or party.

The following are examples of the kind of activity that is illegal or prohibited on the site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

P. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Q. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Website;
R. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
S. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
T.covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means;
U. any automated use of the system, such as, but not limited to, using scripts to submit information or send comments or messages;
V. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
W. impersonating or attempting to impersonate another Member, person or entity;
X. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;using any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
Y. accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Website on behalf of that person; or
Z. using the Website in a manner inconsistent with any and all applicable laws and regulations.

12. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TSH infringe your copyright (for example, materials posted by TSH on one of our site pages), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TSH to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by TSH against you, the DMCA permits you to send TSH a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notice and counter-notices with respect to the Site should be sent to TSH (Music Supervisors LLC, PO Box 843, New York, NY 10009) and This email address is being protected from spambots. You need JavaScript enabled to view it.. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

13. LINKS TO OTHER WEBSITES
The site may contain links and references to websites of others. As such, we may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. You are recommended to review the information provided by third parties (such as, but not limited to, the terms of service of the relevant website) before accessing such websites. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit.

14. DISCLAIMERS
A. We are not responsible for any incorrect or inaccurate User Content or any other third party content submitted to the Website, whether made or caused by Users, Members, potential employers, corporate partners or by any of the software, equipment or programming associated with or utilized in the operation of the site.

B. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING BUT NOT LIMITED TO COPYRIGHT OR TRADEMARK INFRINGEMENT, PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S USE OF THE WEBSITE, ANY CONTENT SUBMITTED TO THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

C. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Website, any Member or any other person related to or resulting from use of the Website, viewing, playing or downloading any materials on or from the Website. The Website is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from us or from or through the Website shall create any warranty not expressly stated herein.

15. INDEMNITY
You agree to indemnify and hold TSH and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relating to: (a) your use of the site (including the submission by you of any User Content) in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, (d) your violation of any law or the rights of a third party, or (e) your misrepresentation of ownership rights of any music tracks submitted to the site for a music licensing evaluation.

16. NO AGENCY
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or User of the Website.

17. MISCELLANEOUS
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, NY, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with TSH’s prior written consent. TSH may freely assign or otherwise transfer this Agreement without your consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

This Agreement, together with our Privacy Policy, and any notices regarding the Website sent to you or posted on the Website, all of which have been incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the intent of the parties, in which case this Agreement will terminate.

18. CONTACT INFORMATION
If you have any questions or concerns about these Terms of Use or if you need further assistance with respect to access to or use of the Website, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Mailing address: Music Supervisors LLC, PO Box 843, New York, NY 10009
© 2021 The Song Hunters LLC. All rights reserved.