Date of last revision: July 29, 2011
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 evaluation(s) provided shall provide limited feedback without details. 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 must become a registered member of the site prior to submitting your tracks for a music licensing evaluation, and 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.
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..
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 an initial fee for evaluations of up to two musical tracks (user content) submitted through the websiste by a user/member. Thereafter, a user/member has the option to purchase individual music licensing evaluations for corresponding musical tracks. Fees for TSH music licensing evaluation service are “submission fees.”
TSH has discretion at all times to change the amount of the submission fee for the music licensing evaluation service it provides. By paying any submission fee through TSH, 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. You hereby acknowledge and understand that any evaluation provided through TSH site service shall be 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.
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.
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.
13. LINKS TO OTHER WEBSITES
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.
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.
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.
18. CONTACT INFORMATION
Mailing address: Music Supervisors LLC d/b/a/ The Songhunters, PO Box 843, New York, NY 10009
(c) 2011 The Song Hunters
As of July 29, 2011
By visiting this website, you are accepting the practices described in this privacy notice and you consent to receiving it via electronic form via publication on the world wide web.
1. INFORMATION COLLECTED
We may collect and use the following types of personal information. Information regarding your use of this Site; orders you place; registration information; and any other information you provide to us via the Site. You do not need to register or provide us with any personal information in order to visit and view the Site. However, if you wish to receive newsletters, make a purchase, enter any contest, or participate in certain other Site activities, you may be asked to register and/or submit certain personally identifiable information. Such information may include your name, e-mail address, street or postal address, telephone number, site user name/password, and billing information.
2. LOG DATA
Like many other websites, we may also use “cookies” to collect additional website usage data to improve the Site and its functionality. A cookie is a small data file that we transfer to your computer’s hard disk. Cookies help us to: (1) speed navigation, keep track of items you are purchasing, and provide you with content that is tailored to you; (2) remember information you gave us so that you don’t have to reenter it; (3) determine the effectiveness of some of our marketing efforts and communications; and (4) monitor the total number of visitors, pages viewed, and the total number of banners displayed. You can stop accepting cookies by setting your Internet browser accordingly, but this will likely result in our not recognizing you or your preferences on future visits to the Site.
4. USE OF INFORMATION
We may use your personal information for a variety of purposes related to the Site, such as to administer the Site, personalize the Site for you, process any purchases and payments and fulfill any orders, and process any contest entry or promotional and marketing campaigns you may make through the Site. We may also use your personal information to contact you in the future regarding the Site, including through marketing communications, and regarding any other of our or of our business partners’ contests, products and services that we think may interest you. If you contact us by e-mail or regular mail, we may keep a record of your contact information and correspondence, and may use your e-mail or street address and any information that you provide to us in your message in order to respond to you. We may also use information collected to evaluate and improve the Site and the user experience or our other products and services.
5. SERVICE PROVIDERS
We may engage certain trusted third parties to perform functions and provide services to us, such as hosting and maintenance, database storage and management, advertising sales, e-mail marketing, e-commerce functions and credit card/payment processing. We will share your personally identifiable information with these third parties to the extent necessary for them to perform these functions and subject to their agreement to maintain the privacy and security of your data.
6. COMPLIANCE WITH LAWS AND LAW ENFORCEMENT
Our policy is to cooperate with government and law enforcement officials and, in certain circumstances, private parties to enforce and comply with the law. We may disclose your personal information to government or law enforcement officials or private parties to the extent we determine, in our sole discretion, is necessary or appropriate in connection with any actual or prospective legal proceedings (including subpoenas) or to establish, enforce or defend our legal rights and interests or the safety of the public or any person, to prevent or stop any illegal, unethical, or legally questionable activity, or to otherwise comply with applicable court orders, laws, rules and regulations.
7. CHANGING OR DELETING INFORMATION
Safeguarding the confidentiality and use of your personally identifiable information is very important to us. We employ reasonable administrative and technical measures designed to protect your information from loss, misuse, alteration or unauthorized access.
9. THIRD PARTIES AND LINKS TO OTHER WEBSITES
Our Site may contain advertisements and links to other web sites. This is not an endorsement, authorization or representation of any affiliation with those advertisers or the operators of those web sites. We do not exercise control over third party web sites. They may place their own cookies or other files on your computer, and collect or solicit both personally identifiable and non-personally identifiable information from you. Other web sites have their own privacy policies and practices and we encourage you to carefully read the privacy policies or statements of the other web sites and services you visit.
10. OUR POLICY TOWARDS CHILDREN
We reserve the right to modify this Privacy Statement from time to time, and we will notify you of any material changes by posting the new Privacy Statement here and changing the effective date above. We may also send our registered users an e-mail advising that changes have been made. Each version will apply to information collected while it was in place. Therefore, we encourage you to check this page periodically for any changes.
12. CHANGE IN OWNERSHIP
In the event we change ownership or merge with another entity, we reserve the right to transfer or sell all user and customer information, including names and email and postal addresses, to a separate entity.
13. INTERNATIONAL AND OUT OF STATE USE.
The services on this site are intended for individuals residing in the United States. If you choose to access our Site from outside of the United States, your connection will be through and to servers located in the United States. We collect, store and process the information we collect in the United States in accordance with this Privacy Statement. By visiting the Site and providing information to us, you consent to our collection in, transfer to (if applicable), and use and processing of such information in the U.S. and, if applicable, to the cross-border transfers and export of your personal information to the U.S. and its storage, use and disclosure as provided in this Privacy Statement. We make no representations that this Privacy Statement is in compliance with the privacy or data protection laws or regulations of any country from which you access or use our Site. By using our Site, you consent to our collection, use, and disclosure of your personal information consistent with the terms of this Privacy Statement, including transfer of your personal information to any location at which our servers and/or databases may be currently located or relocated to. Those who choose to access our Site from locations outside the United States are responsible for compliance with all local laws.