Terms of Service and Website Community Guidelines and Activities

+++++++General Terms of Service and Conditions++++++++++

By using this site, you understand that this site is in presentation for entertainment purposes only.

No opinions by any parties mentioned on this website shall be deemed as the opinion of SoundMints.com , Sound Here, LLC or its Other  Agents, Affiliates, Contractors, Partners or Sponsors.

Paid Services: Different services may be subject to different terms and conditions. Please see their individual agreements if available but in most cases these services are non-refundable , unless specified differently.

You understand that using a social login suck as Tiktok, Discord, Spotify, Meta, Google or other third party single sign on ( SSO ) scenarios you are agreeing to share information collected from these resources and are under additional terms and conditions. We may ask for your contact information for the purposes of validating you are human, validating submissions or other actions you perform on this site.

You understand there could be errors in the connection, servers, information collected from third parties that may or may not reflect accurate information.

By using our app , website or any other technology on SoundMints.com you understand there are terms and conditions that are set forth that are out of the control of this website.

Use of other third party tools are at your discretion and you have the option to use or not use them but your experience may or may not be effected.

1. Your Relationship with Us

Welcome to SoundMints.com (the “Platform”), which is provided by Sound Here, LLC., a company registered in The United States of America in the State of Florida located at 147 Frederick Farm Rd, Bunnell , FL 32110, or one of its affiliates (“Sound Here, LLC or SoundMints.com”, “we” or “us”). You are reading the terms of service (these “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services enable you to make available your content to us and to publish it on other platforms specified by us. For purposes of these Terms, “you” or “your” means you as the user of the Services. You may also enter into separate license agreements (the “License Agreement”) with us, governing your license and our exploitation of certain content you made available through the Services. These Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting these Terms

By accessing or using our Services, you confirm that you have the full legal capacity to enter into a binding contract with us, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, Withdrawal Instructions if you email us a info@soundmints.com and our other policies and guidelines, these terms of which can be found on the Platform and are incorporated herein by reference. By using the Services, you acknowledge and agree to all the terms and policies referenced herein.

Our Services are not aimed at or suitable for use by anyone below 18 years old or the age of majority in your jurisdiction where you reside. If you are below 18 years old or the age of majority in your jurisdiction, you must not use or access the Services.

If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. You may not access or use the Services if you do not agree to these Terms or if you are not fully able and legally competent to agree to these Terms.

If you access or use the Services on behalf of a business, entity, or non-incorporated group (the “Entity”), then (a) “you” and “your” includes you and that Entity, (b) you represent and warrant that you are an authorized representative of the Entity with the authority to bind the Entity to these Terms, and that you agree to these Terms on the Entity’s behalf, and © your Entity is legally and financially responsible for your access or use of the Service as well as for the access or use of your account by other affiliated with your Entity, including any employees, agents or contractors.You can accept these Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of these Terms from that point onwards.

You should print off or save a local copy of these Terms for your records.

3. Your Account with Us

In order to use the Services, you must set up an account with us and provide information and materials for our review. When creating this account, you must provide authentic, accurate and up-to-date information as well as documents and materials as requested by us and/or as required under applicable laws. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information updated and complete. You authorize us to use the information you provide to us to verify your identity. We reserve the right to refuse in our sole discretion any application to register an account and to become a certified artist with the Services.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at the email address provided under the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction.

You represent and warrant that your account is controlled and administrated by yourself only. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. Additionally, you represent and warrant that if you are provided access to any performance data associated with your account, you have the right to view all such performance data, and your access to such performance data will not violate any contracts to which you are a party.

We reserve the right to disable your account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities that occur on your account, in our sole discretion, would or might cause damage to or impair the Services or infringe upon or violate any third party rights, or violate any applicable laws or regulations.

If you are acting on behalf of an artist and provide the artist’s information to us, for example, as a label or manager, you represent and warrant that you are authorized to do so and that you have provided our Privacy Policy to the artist.

If you no longer want to use our Services again, and would like to delete your account with us, please contact us at the email address provided under the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have kept with the Services. For the avoidance of doubt, deletion or termination of your account will not affect the rights granted under the License Agreement to us in and to the Music Content (as defined below) that you make available on the Services before the account deletion or termination, and we will be entitled to continue to use such Music Content following the account deletion or termination pursuant to the License Agreement.

4. User Content and License

Our Services support the uploading and distribution of music content (“Music Content”) by certified users. You understand and acknowledge that the Music Content you uploaded to our Services may comprise elements such as: (i) audio and/or audio-visual recordings embodying performances of musical compositions; (ii) related cover art and any associated materials; and (iii) other information and metadata, such as tags, titles, descriptions, date of release, names of music publishers, and ISRC and/or UPC code or if you will need any of these services provided to you. Additional discretionary changes may appear in other agreements you have with Soundmints.com or SoundHere, LLC  or its label, marketing or publishing entities. You will be able to, via your account with us, upload, submit or otherwise make available your Music Content as well as other User Content at your sole expense in the format required by us using the functionality and tools on the Services. For the purpose of these Terms, “User Content” refers to content created by you, which you choose to make available through the Services, including without limitation, any text, photographs, videos, sound recordings, your Music Content and any portions or compositions embodied therein.

You represent and warrant that all of your User Content is your own original work and you own the entire rights, title and interests in and to the User Content (including the compositions embodied in the Music Content), without any liens, claims, restrictions, limitations, encumbrances and interests of any other person on the User Content.

Grant of License

You hereby grant us, and you represent and warrant that you have the right to grant us, to the maximum extent permitted by applicable law, an unconditional, irrevocable, non-exclusive, fully transferable, fully sub-licensable, and worldwide license to use, copy, modify, correct, edit, adapt, reproduce, publicly perform, display, stream, translate, excerpt (in whole or in part), make derivative works of, publish, transmit, exploit and/or distribute and to authorize other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented (“Distribution Platforms”). This grant of rights does not, however, constitute a transfer of ownership.

You further grant us, to the maximum extent permitted by applicable law, an unconditional, irrevocable, non-exclusive and royalty-free and worldwide license to use your names, photographs, image, voice, likeness and other biographical information to identify you as the source of any of your User Content. You acknowledge that the commercial exposure provided by the Service is of economic value and represents benefits to every party involved.

Through-To-The-Audience Rights

All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.

You must ensure that you have all necessary rights, approval and consent to upload and license the User Content. You shall be solely responsible for your User Content, and we accept no responsibility or liability regarding it.

Waiver of Rights to User Content

By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. To the fullest extent permissible under applicable laws, you also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content.

5. Separate License Agreement

If you choose to make available your Music Content via the Services, unless Sound Here, LLC or SoundMints.com determined otherwise in its discretion, you will enter into a separate License Agreement, pursuant to which you may be entitled to receive certain revenues in connection with exploitation of your Music Content. To the extent there is an unspecified term under these Terms or a conflict between these Terms and the License Agreement, the License Agreement shall control to the extent of such unspecified term or conflict only.

6. Use of Our Services

License to Use the Services

Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable and worldwide license to access and use the Services solely in compliance with these Terms. We reserve all rights not expressly granted herein in and to the Services and any content made available by us. You acknowledge and agree that we may terminate such license at any time for any reason or no reason.

User Content Compliance

We value and prioritize creativity and authenticity.

You acknowledge and confirm that your User Content is your own original work and you own the entire rights, title and interest in and to the User Content (including the compositions embodied in the Music Content). Further, your User Content should not contain hidden and/or direct advertising or endorsement of any products, works or services of third parties. You understand that your User Content will be considered non-confidential and non-proprietary; you will not post any User Content on or through the Services or transmit to us any of User Content that you consider to be confidential or proprietary. Your Music Content will also not include any content that is not suitable or not appropriate for distribution through Distribution Platforms, and such content may include without limitation, (i) generic sound recordings such as rain or forest sounds; (ii) samples that have not been cleared; (iii) podcasts, audio books and radio shows; (iv) parodies and tributes; (v) any cover versions of music; (vi) unauthorized mixes and remixes; or (vii) compilations.

You agree that your use of our Services and your User Content shall comply with the following requirements:

• your User Content shall be suitable and appropriate in all respects, and does not, in whole or in part, defame third parties or infringe upon the copyright or other intellectual property rights, or rights of privacy of any third parties;
• your User Content is not or will not be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, offensive, deceptive, threatening, or abusive;
• your User Content does not involve or is not interpreted as threats, attacks, incitement to violence, hate speech, hateful behavior, discrimination, slurs, hateful ideology, facilitation of illegal and criminal activities, human exploitation, promotion or trade of regulated goods, frauds and scams, gambling, dangerous acts, harassment, bullying, abusive behavior, sexual exploitation, impersonation, misinformation or fake engagement;
• you may not use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
• you will not make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
• you will not interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; and
• you will not use the Services to upload, transmit, distribute, store or otherwise make available in any way: (a) files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; (b) any advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; © any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., passport numbers) or credit card numbers; or (d) material that, in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose us, the Services or our users to any harm or liability of any type.

We may suspend or ban accounts and/or devices that are involved in severe or repeated violations of these Terms.

In addition to the above, your User Content may be made available on other platforms, including without limitation the Distribution Platforms, and thus your User Content must also, at all times, be compliant with the terms of services, community guidelines, and other policies, terms and conditions of such other platforms, which are available on their platforms.

 

7. Intellectual Property

 

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights.

We, or authorized third parties, reserve the rights, with or without notice, at any time and in our sole discretion, to (a) block access to and/or terminate the account of any user who infringes or is alleged to infringe upon any copyrights or other intellectual property rights; and (b) refuse to publish User Content at our or their sole discretion. We also have the right to disclose your identity to any third party who is claiming that any User Content uploaded or submitted by you constitutes a violation of their intellectual property rights, or of their right of privacy.

We reserve the right, at any time and without prior notice, to take down, remove, disallow, disable access to, block or delete any content (including User Content) at our discretion from our Services for any reason or no reason, without any liability to you. Some of the reasons may include (a) we find the content objectionable; (b) we consider the content violates these Terms or otherwise is harmful to the Services; or © in response to complaints from other users or third parties.

We recommend that you save copies of any User Content on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

You acknowledge and agree that, if we remove your User Content from our Services or the Distribution Platforms on account of any alleged copyright infringement, or we believe that you do not have the full right, power and authority to grant any rights of your User Content as agreed between you and us, without limiting any other rights that we may have, we are entitled to suspend your access to our Services until such dispute has been resolved to our satisfaction.

8. Indemnity

You agree to defend, indemnify, and hold harmless Sound Here, LLC or SoundMints.com, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from and against any and all claims, liabilities, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and expenses, arising out of any use of your account with us or any breach of your obligations, representation and warranties under these Terms, or arising from any actual or alleged infringement by you of third party intellectual property rights in connection with your User Content.

9. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THESE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

10. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR (VI) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

• ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING IN CONNECTION WITH THE SERVICES;
• ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
• THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
• YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
• YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID OR PAYABLE TO YOU BY US WITHIN THE LAST 12 MONTHS.

PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. UNLESS OTHERWISE CONSENTED BY US IN ADVANCE, YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING DATA CHARGES. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

11. Other Terms

Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction-Specific, these Terms, their subject matter and their formation, are governed by the laws of the United States of America.

Changes to these Terms. We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple services operated by us or our affiliates into a single combined service, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at these Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER THE DATE OF THE NEW TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST STOP ACCESSING OR USING THE SERVICES.

Entire Agreement. These Terms (including the Supplemental Terms – Jurisdiction-Specific below) constitute the entire legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and us in relation to the use of Services; provided that you may enter into separate License Agreement in accordance with Section 5.

Feedbacks. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedbacks, comments, and suggestions we receive from users. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedbacks”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedbacks to us, you agree that:

• We have no obligation to review, consider, or implement your Feedbacks, or to return to you all or part of any Feedbacks for any reason;
• Feedbacks are provided on a non-confidential basis, and we are not under any obligation to keep any Feedbacks you send confidential or to refrain from using or disclosing it in any way; and
• You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedbacks and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, whether in whole or in part, and whether as provided or as modified.

Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Use of Our Services” above. We reserve the right to withdraw linking permission without notice.

Age Limit. The Services are only for people who are 18 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account.

No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Services. You should use your own virus protection software.

Headings. The headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision in these Terms.

Translations. In the event of any conflict or inconsistency between the terms in the English and any translation thereof in any other language, the English version shall prevail.

Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms, and the remaining provisions of these Terms will continue to be valid and enforceable. Supplemental Terms – Jurisdiction-Specific

In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control to the extent of such conflict.

 

+++++++SOUND HERE’S LET’S  HIT SONG COMPETITION TERMS AND CONDITIONS++++++++++

SUBJECT TO BE UPDATED./ UPDATED AS OF OCTOBER 17th, 2024  Additional updated terms may also be emailed or sent privately .

This Agreement is made on [Date] between Sound Here, LLC and SoundMints.com (“Record Label”) and (“Artist” “User” ).

1. GRANT OF RIGHTS

The Artist hereby grants to the Record Label 100% of the administrative rights to the song titled “[Song Title]” (“Song”).

2. ROYALTY DISTRIBUTION example:

The Record Label agrees to distribute the royalties from the Song as follows:

 

———————————————————

| Contributor Role | Legal Name       | Percentage (%)  |

———————————————————

| Record Label     | Sound Here, LLC  SoundMints.com| 51%             |

| Beat Maker       | [Name]           | 6.875%          |

| Guitarist        | [Name]           | 6.875%          |

| Pianist          | [Name]           | 6.875%          |

| Vocalist         | [Name]           | 6.875%          |

| Lyricist         | [Name]           | 6.875%          |

| Singer 1         | [Name]           | 6.875%          |

| Singer 2         | [Name]           | 5%              |

| Backup Vocalist  | [Name]           | 5%              |

———————————————————

| Total:                              | 100%            |

———————————————————

3. RE-RECORDING AND RELEASE RESTRICTIONS

The Artist agrees that the Song may not be re-recorded, released on any other compilation, in part or whole, with any third party without the expressed permission granted by the Record Label.

4. PAYMENTS AND STATEMENTS

Payments will be made accordingly, and a statement will be provided upon revenues generated from the published recording.

5. TRANSFER OF ADMINISTRATIVE RIGHTS

The Record Label reserves the right to sell or transfer its administrative rights to a third party or entity. The third party or entity must follow the rules of this agreement or offer a buyout of rights to each right holder individually, which must be agreed upon by the respective right holding party.

6. COMPETITION ENTRY AND RIGHTS ASSIGNMENT

By submitting this agreement and entering into the competition for a fee of $25.00, you are hereby assigning the rights of your contribution in the following manner on the entire song. In the event that your recording or submission is NOT used and selected in the top 25, rejected by the reviewer and audience, and no longer in competition, your rights are forfeited back to you at 100% by SoundMints.com || Sound Here, LLC mentioned herein. Sound Here, LLC cannot guarantee the exact number of paid royalties that would accrue from the placement, licensing, or any third party fees but will properly account for those transactions and make collection attempts. Payments to you are contingent on successfully receiving payments to Sound Here, LLC or SoundMints.com from any third party and will not be paid on the basis of an advance payment or projected payment to the artist. If it is found that the purpose of the forfeiture was due to the Artist attempting to tamper to their benefit after the submission, having a third party make a false claim against the ownership of the submitted works to have their contribution forfeited back to them from a third party offer, Sound Here, LLC would be entitled to 25% of any royalties of the work forfeited in perpetuity.

7. COMBINATION WITH OTHER AGREEMENTS

This agreement may be combined with another agreement based on the contributor role and the time in which the entry was submitted for reference. However, percentages may only change if there is no other role assigned to a particular participating contributor and will be assigned to Sound Here, LLC.

8. ADDITIONAL CLAUSE

By submitting and entering into this agreement “you” (the owner or licensee of a particular recording) are allowing “us” (Sound Here, LLC or its agents or affiliates) to email you in reference to its services you are opting in for or opting in for other communications that may or may not be related. If you are submitting any music to be reviewed, you are giving permission to play your music on a public live stream or playlist. You are acknowledging you have all the necessary legal rights and licenses to submit this music or recording or audio or video file to be used. Additionally, you also give Sound Here, LLC permission to use your image & likeness on a non-exclusive basis to broadcast live via video, audio, voice or instrument, film, internet or online stream, exchange internally and with its partners and affiliates and contractors or agents in perpetuity of the existence of the recording submitted. You also hold Sound Here, LLC or its agents it represents, harmless of any claims for any licensing claims made by any third party. You also acknowledge that any review or opinion given by or streaming use of any submission relayed to the public viewed as positive or negative shall be retained to the right of Sound Here, LLC. You may petition for a review to be removed but Sound Here, LLC is not responsible nor has the ability to control what has already been broadcasted on a live stream on any social media platform.

9. ATTESTATION OF ORIGINALITY

The musician or artist attests that their submitted work or contribution is not already published, in a catalog with another label, publishing rights organization, released in another full song, distribution platform, available for purchase or sale or lease, or have already been leased or purchased anywhere in the universe.

10. MULTIPLE VERSIONS AND EXPERIMENTAL WORKS

There may be different “versions” of the completed works that may have been arranged with different co-writers of a new completed work during the evolution of this competition. In the event that the portion of the work that has been submitted by the artist is arranged with another work in the competition, the agreement split remains the same, yet may have created a new “Song” under the same split percentages paid. It is also very likely there will be multiple versions or “Experimental” versions that are released publicly due to the nature of the competition. Each one of these works is also bound to the same terms of this agreement to be considered an official submission to the competition and any works that are not submitted properly would be rejected unless an agreement is in place. Any contributor outside of this agreement will not be granted any rights. In the event that there is a dispute on any works that are submitted, it is possible the entire song or portion of the song may have to be deleted, removed, or rewritten and may or may not be resolved in any specific timeline. The artist understands that due to the unique creation of the final published works, there may be other complications that Sound Here, LLC will resolve.

11. LIABILITY FOR NON-ORIGINAL SUBMISSIONS

In the event that a submission is found to be not owned or does not follow the ATTESTATION OF ORIGINALITY, any formal cease and desist letters are received by Sound Here, LLC, or any other third parties make any claim to the originality of the submitted work by “you” the Artist / Contributor, you hold Sound Here, LLC 100% harmless and will defend and attest that Sound Here, LLC is not responsible for any fees, copyright infringement, or fees. Sound Here, LLC may or may not be able to restore the ability for the entered work to continue in the competition while the competition is still active or if found after the competition is completed. The Artist is liable for all attorneys’ fees, reimbursement of any monies paid, damages, loss of profit, or other costs involved in resolving this matter. The Artist WILL NOT SUBMIT ANY WORK THAT IS NOT THEIR OWN OR THEY HAVE LEGAL RIGHTS TO.

12. REVIEW AND CRITIQUE DISCLAIMER

The Artist understands that any public, posted, live, recorded, or written reviews of the Artist’s work are considered opinion and are not considered libel or slander of the Artist’s character. Reviewers are entitled to their First Amendment rights on their feedback, criticism, or critique of any submission, and the opinions of the reviewer may not reflect the views of Sound Here, LLC, its partners, affiliates, vendors, contractors, or sponsors of any public published, live, written, audio, video, or spoken statements.

13. SUBMISSION FEE

**Service Description**: The submission fee is a payment for the service of our team listening to and providing a fair review of your music.

**Review Process**: Upon receiving your submission, our team will carefully listen to your music and evaluate its suitability for our tournament.

**Notification**: If we determine that your music is not a great fit for our tournament, you will be notified accordingly.

**Submission Fees are non-refundable.**

There are NO REFUNDS on a submission fee.

By submitting your music and paying the submission fee, you acknowledge and agree to these terms and conditions.

14. REPRESENTATIONS AND WARRANTIES

Artist represents and warrants that there are no other encumbrances to the Music Recordings or the Work and that Artist is the exclusive holder of any and all rights in and to the Work. Artist further warrants that no person or entity has any other ownership or interest in or to the Work and that no other person or entity has any legal documentation evidencing any such interest or ownership. Artist further warrants that Artist may legally grant all necessary rights to the Company for the release of the Work.

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General Competition Rules :

Preliminary Pre-Judging Round: SoundMints.com via Sound Here, LLC (the “Sponsor”) may do a preliminary screening of all entries for compliance with the Terms and Conditions to determine the eligible Entrants to advance to the rating public round. A Submission maybe rejected for poor quality audio standards or for violating community guidelines on a public platform and being “radio friendly” . A notice will be sent to the submitting Artist and it is the SOLE DISCRETION of Sound Here, LLC to allow the recording to be resubmitted as there may not be enough time to re-review the new submitted correction. Artist would need to re-submit ( if the window of the submissions has not been closed and pay an additional entry fee)

Voting will be held in front of a LIVE audience. In the event the Live Stream is delayed or postponed, a new venue or host may be holding the voting round, open to the public on a social media platform for the voting round to commence and Live Review.

Venues may be held in different “Reviewer Host Livestreams” .

Voting Round(s): One or more rounds of voting will help determine the Winner(s), subject to such individuals’ compliance with the Terms and Conditions and other applicable rules in connection with the Competition that may be bound to third party platforms such as Tiktok, Facebook, Instagram, X or other social media platforms NOT OWNED by SOUND HERE, LLC.

Sound Here, LLC and SoundMints.com reserves the right to determine the number of rounds at its sole discretion. Additional rounds maybe necessary if works are found to be unfit after passing to a new round from a “discovery” or third party claim to the work . This is obviously out of the control of the Company and time maybe needed for a resolution .

Sound Here, LLC and SoundMints.com may release information about the results of voting at any time during or following a round of voting; however, the Sponsor is in no way obligated to do so.

Any voting results provided by the Sponsor are subject to modification without notice or liability of any kind. IN ALL CASES, AN ENTRANT IS NOT A POTENTIAL PRIZE WINNER EVEN IF THEY HAVE THE HIGHEST VOTE TOTAL AS REFLECTED IN VOTING RESULTS; POTENTIAL PRIZE WINNERS WILL BE NOTIFIED PRIVATELY BY THE SPONSOR.

Voting: Voting for Selected Entrants shall occur in one of the following ways:

Public Voting: Voting Polls maybe held in different styles based on the platform the live review is being streamed on.

Panel Voting:

A minimum of 2 ( two) panelists will be reviewing the recording to a Live audience to the public.

30-45 seconds of the track will be played in the first 2 rounds. A Reviewer and/or  by direction of SoundMints.com powered by Sound Here, LLC has the right to continue playing the recording past 45 seconds on the initial judgement rounds or to playback for clarity . A Reviewer and/or Sound Here, LLC via SoundMints.com , also has the right to pause and stop the live streaming broadcast of the audio recording submitted if it violates terms and conditions or is suspect to being an entry that may be fraudulent in license ownership.

Attempting to bribe a Reviewer is prohibited and will result in immediate forfeiture under forfeiture terms outlined in other areas of this agreement. If a bribe is found to be given to a Reviewer and accepted, both the Artist and the Reviewer will be automatically kicked out of the competition proceedings, no matter which segment of the Competition and upon evidence presented or evidence that may even be circumstantial will be presented on a public statement by or on SoundMints.com or Sound Here, LLC and forfeiture of any prize or payments will be forfeited. Virtual appreciation gifts on Tiktok or other platforms that have virtual gifting currency are not considered bribes but tips or appreciation to the host or the Reviewer.

If any bribery is found after the Competition is completed other legal damages and a public statement maybe necessary for an apology on parties found liable or any other damages that have effected SoundMints.com / Sound Here, LLC in any way.

Prohibited Voting: “Bot” activity or any kind of robotic or automated voting mechanism is not an acceptable form of voting. If this type of false voting is detected, the Sponsor reserves the right to take any action it deems necessary, including, but not limited to, initiating proceedings for fraud and/or banning the associated IP address from voting (as well as removing such “tainted” votes from the count of votes for affected Submitted Materials/Entrants in the applicable round/phase).

The Sponsor reserves the right to disqualify Entrants suspected of partaking in this type of activity, or any other voting activity the Sponsor deems unfair in its sole and absolute discretion. The Sponsor also reserves the right, at their sole and absolute discretion, to disqualify any individual they find to be tampering with the entry or voting process or the operation of the Competition. The Sponsor may also prohibit such individuals from participating in future Competitions offered on the Website and/or Application.

Voter Refunds, Rewards, and Other Incentives: When the Competition is based on public voting, no refunds will be issued once a vote is cast through the Platform; a vote is considered to be cast only after SoundMints.com administration via Sound Here, LLC has acknowledged receipt of the same. As a Voter, you are responsible for understanding this upon casting any votes in the Competition. To maintain the integrity of the Competition, there will be no exceptions to this Policy except for extraordinary circumstances as determined by the Sponsor in its sole discretion. Although some Competitions may or may not have a portion of their proceeds going to a specified charity, please note that purchased votes are not tax deductible (please see below). Entrants may not directly or indirectly offer financial or other rewards or incentives for their Voters or Panel or otherwise attempt to manipulate voting in any manner and any such offers or attempts will result in disqualification of the Entrant. The Sponsor may also prohibit such Entrants from participating in future Competitions offered on the Website and/or Application. General Criteria: Winning the Competition will not be determined by chance. The likelihood of being selected to proceed to each of the different rounds/phases of the Competition depends on the number of eligible Submitted Materials, the judging criteria for each round/phase, how well an eligible Entrant’s Submitted Material rates on each such criterion as compared to other eligible Entrants’ Submitted Materials, and the results of the voting in each round/phase. Notification to Entrants: Eligible Entrants for each round/phase, if any, and the Winner(s), if any, will be notified by email, telephone, or other means reasonably calculated to provide notice. Entrants consent to verification by the Sponsor of all information provided by Entrants and compliance with these Terms and Conditions and any other applicable competition rules. If you are selected as a Winner, your information may also be included in a publicly available Winner’s list. Prizes: Winner(s) will receive a prize as set out in the additional rules on the Contest Page and may be featured on the Platform or any other location, physical or electronic, by the Promotion Entities. No Winner may refer to themselves publicly in any manner that may suggest or create any confusion whatsoever that the Sponsor is endorsing or participating in any manner related to the use of the Winner’s name, logos, or fonts.

Prizes will be provided after receiving all necessary documentation in compliance with Competition eligibility and successful completion of any instructions set out by the Sponsor. The parent or legal guardian of a Winner who is a Minor must collect the prize for and on behalf of such Entrant and will be required to sign necessary documentation on the Minor’s behalf. No taxes will be withheld on behalf of the Winner or any other person who is given any prize, honorarium, or other compensation in connection with the Competition. The Promotion Entities shall not be responsible for or liable to any party on account of any applicable taxes or other charges payable on any prizes or other compensation in connection with the Competition. Prizes will be distributed to the Winner(s) as soon as possible (typically within two (2) – six (6) months of the completion of the Competition). Sponsors shall only be responsible for providing their portion of the prize(s) and shall not be liable where a third party does not supply all or a portion of a prize set out on the Contest Page. Prizes must be accepted as awarded without substitution, are not transferable or for resale, and have no cash value. SoundMints.com and Sound Here, LLC and/or the Sponsor reserves the right, in its sole and absolute discretion, and for any reason whatsoever, to substitute a prize or any component of a prize without liability.

SoundMints.com is a Servicemark and service powered by and owned and operated by SoundHere.com copyright 2024 all rights reserved.

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