Terms and Conditions / Terms of Use

Last Revised: May 26, 2022

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (Artist, Creator, User, or you) and Soundhype ("Company", we, us, or our) concerning your access to and use of the https://soundhype.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the Site). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

1. General

1.1 Service

Soundhype (also referred to herein as the “Site”) is an online competition platform that helps connect artists looking to promote their music with social media creators looking to monetize their content through creator competitions. “User” means any visitor to the Site, and may be an Artist or a Creator. “Winning Creator” means any creator that wins a "Competition Prize" (as further described in Section 1.2 below).

1.2 Creator Competition

Artists.

An Artist can organize and fund a Creator Competition to see which Creator can get the most combined "likes" on social media videos featuring the "Competition's Song". The Competition's Song is selected by the Artist and the Competition’s Song must be available on major digital distribution platforms. To submit a Creator Competition, an Artist must enter certain personal information, such as, first name, last name, email, Artist name, Competition’s Song name, and prize amount ($50 USD minimum). The Artist will set a Creator Competition expiration date and time, as well as the prize distribution amongst the Competition Prizes and bonus likes criteria. The Artist can use the set rules or submit their own custom rule-set.

Creators.

Any Creator with a social media account on a social media platform supported by Soundhype may participate in a Creator Competition. Creators who choose to enter a Creator Competition may enter by using the Competition's Song in a public post on a social media platform supported by Soundhype. The Artist’s song must be heard clearly in the Creator’s submitted social media post, according to Soundhype’s sole judgment. The Creator must submit the link to the post, respective social media handle, an email address and their first name. The Creator needs this information to contact competition winners and give instructions for the Creator to claim their prize. Creators may also process this personal data for future remarketing purposes, solely in connection to The Artist. Soundhype reserves the right to disqualify and remove any post that they feel violates the rules or integrity of the competition, is inappropriate, or for any other reason they see fit.

Every Soundhype Competition may include the following Competition Prizes.: 

1) The Creator(s) whose posts combine to receive the most likes on their respective platform plus any additional bonus likes they have earned, 

2) The Creator with less than 100,000 followers on their respective social media platform whose posts combine to receive the most likes on their respective platform plus any additional bonus likes they have earned.

3) The “Most Creative”, "Best Dance", "Best POV", "Best Lip Sync" prizes are awarded to the Creator(s) that showcase the Soundhype Competition’s song in their video(s) in the most thoughtful, effortful, and creative manner. Every Creator is only eligible to win one prize. Bonus likes are awarded according to criteria set by Soundhype and the Artist on the Artist’s competition page.

To be eligible for a Competition Prize, the Creator must submit their posts prior to the competition's end date listed on the associated competition page. A Creator can enter a Soundhype competition with 2 posts per day. Each post needs at least 50 likes to be counted towards the total likes of each Creator. A Creator is eligible for one prize per social media account and up to 2 prizes total. No purchase is necessary to participate in a competition as a Creator. The total number of likes that a Creator has is calculated by tallying the number of likes that each of their submitted posts received on their respective social media platforms plus any awarded bonus likes. Soundhype uses third party API integrations to automatically track metrics from social media platforms and is not responsible for any mathematical error in determining the Winning Creators.

Creators acknowledge that they will be solely responsible for acting in accordance with their countries' respective advertisting laws. If their country requires that their posts are labeled in some fashion as either an advertisement or contest entry, it is up to the Creator to do so.

1.3 Partner Integrations

Soundhype may partner with third party websites, platforms, and parties that wish to integrate with Soundhype. Creators who choose to enter our competitions will be subject to these Terms of Services. Creators acknowledge and agree that Soundhype may make their information available to our third party partners.

2. Payment Terms

The following terms apply to Artists and Creators who have won a Competition Prize in a Creator Competition.

2.1 Payouts

Artists fund each Creator Competition by sending the Competition Prize to Soundhype through PayPal. Soundhype holds the Competition Prize until the end of the Creator Competition. Soundhype pays Winning Creators the prize amount in EUR displayed on the competition's page Customer less a 10% fee to account for Soundhype services and third-party payment transferring fees. By entering a Creator Competition, Creators agree to receive an email after the competition ends, informing them that they have won. Included in the email is a link to a form which asks for the Creator to link a PayPal account to the Creator’s Preffy profile. Available winnings are reflected in the Creator’s Preffy profile. Preffy will make its best effort to pay the Competition Winners via PayPal within 24 hours of the Creator filling out the form. If the Creator does not fill out the form or request payout via their profile page within 30 days of the Creator Competition's end date, the Creator will forfeit their earnings. Preffy may change the payment service provider at any time.

2.2 General

Creators acknolwedge that they will be solely responsible for the payment and reporting of all taxes which they will be responsible for in any jurisdiction arising from their Soundhype earnings. Soundhype is not responsible for collecting, reporting, paying, or remitting any such taxes to you or any other party.

3. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s€™ fees and expenses, made by any third party due to or arising out of: (1) your Contributions (as defined below); (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

4. User Data

4.1 User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

4.2 User Content

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

4.3 User Registration

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image, name, and likeness) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing (the "License"). Our use and distribution may occur in any media formats and through any media channels. This License will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, likesness, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and we will remove all of your Contributions if properly notified that such Contribution infringes another's intellectual property rights. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

6. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

7. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

8. Intellectual Property Rights

All legal ownership rights to audio or other content submitted to the Site remains with the original rights holder(s), until and unless other legally binding agreements are made.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site AS IS for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

The Company has licensed the proprietary software on the Site (herein “the Software”) for your use only, and any rights or interest remain, in their entirety and without limitation, the property of the Company. The Software may not be copied, modified, sold, or in any way edited and transferred. Furthermore, it may not be reverse engineered or directly copied in any way. The Software has security measures in effect to protect the users. You may not tamper with, disable, bypass, deactivate, or in any way exploit or manipulate any security measure, copyright, trademark or any other intellectual property of the Company. By using the Software in any capacity, whether downloaded, installed, or otherwise, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or the U.S. Commerce Department's Table of Deny Orders. User accepts any risks associated with the Software or errors in the Software.

9. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. DMCA Notice

We respect the intellectual property of others and expect the users of our Site to do the same. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement as straightforward as possible. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via sites or services hosted or served by our servers, please notify us, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification in sufficient detail of the copyrighted work claimed to have been infringed;

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. Sec. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

11. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

12. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: support@soundhype.com