Privacy Policy
Last Updated: Jun 17th, 2024
1. Services2. Registration
3. Responsibility For User Content; Publisher Requirements
4. Acceptable Use Policy
5. Use of Third Party Services
6. Representations and Warranties and Indemnification
7. Disclaimers and Limitations
8. Funding Your Account
9. Termination
10. Dispute Resolution
11. Class Action/Jury Trial Waiver
12. General
13. Copyright and Trade Mark Notices
14. YouTube API Services
15. Submitune Links
16. Use of AI Models
17. Account Deletion
18. Contact Us
Submitune ("Company", "we" or "us") provides self-service distribution software via our website submithub.com. We offer various services to you, whether you are a distributor or reviewer, through the website (Submitune.com). All of these services are governed by your agreement to adhere to the following Terms of Service without any modifications. Your use of the Service (as defined below) and/or your registration with Company constitutes your acceptance of these Terms of Service. These Terms of Service may be updated at any time without prior notice. Changes will not apply retroactively and will not affect disputes or events that occurred before the updated Terms are published. It is your responsibility to regularly review these Terms of Service. They apply to all visitors and users accessing our website or Services. If any part of this Agreement is found invalid or unenforceable under applicable law, that part will be replaced with a valid, enforceable provision that most closely matches the original intent, and the remainder of the Agreement will continue to be effective.
PLEASE CAREFULLY REVIEW THIS AGREEMENT TO FULLY UNDERSTAND EACH PROVISION. THIS AGREEMENT INCLUDES A MANDATORY PROVISION FOR INDIVIDUAL ARBITRATION AND A WAIVER OF CLASS ACTION AND JURY TRIALS, MANDATING THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO SETTLE DISPUTES INSTEAD OF RESORTING TO JURY TRIALS OR CLASS ACTIONS.
Submitune facilitates communication between individuals sharing and receiving music. We strive to facilitate smooth communication but cannot be held accountable for the actions of users utilizing this service.
We anticipate that when a blog, label, SoundCloud channel, YouTube channel, influencer, or similar entity agrees to review a song, they intend to follow through. We will assist in facilitating contact between the parties if problems arise. However, we cannot be held responsible for communication failures or the content of those interactions.
We prioritize the privacy and security of our users. By using our service, you consent to the collection, use, and disclosure of your personally identifiable information, as well as non-personally identifiable information, detailed in our Privacy Policy (submitune.com/about/privacy), which is hereby incorporated by reference.
You confirm that you are at least 18 years old and possess the full capability and competence to agree to and comply with the terms, conditions, obligations, affirmations, representations, and warranties stated in these Terms of Service. If you are under 18 years of age, please refrain from using our Company or Service.
At our discretion, we may maintain separate accounts for different types of users. If you create an account on behalf of your company, (a) "you" includes both yourself and your company, and (b) you affirm that you are an authorized representative of your company, empowered to legally bind the entity to these Terms of Service. By connecting to our Company using a third-party service (such as Google, Facebook, or SoundCloud), you grant us permission to access and utilize your information from that service as permitted by its terms, and to securely store your authentication credentials for that third-party service. Our service is not accessible to any user who has been removed by the Company.
1. Services
Company offers a platform for distributors and reviewers to review music, whether by premium (paid) credits or standard (free) credits. The "Service" means the product, platform or service provided or made accessible to you by Company.
2. Registration
By registering and participating in this Service, you agree and represent as follows:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds;
- You are solely responsible for your relevant taxes/levies/duties that become due from using our Service;
- All information you submit to Company or in connection with a Company service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;
- You agree to be contacted via Email by Company regarding Company's services;
- You hereby grant Company permission to email or display your profile and such other Information gathered from other websites and services, or as may be supplied by you to Company on or from Company's website, as Company shall deem advisable in its sole determination in connection with the Service for you;
- By using the Service, you are granting Company permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
- Influencers that sign into a third party service through Submitune that allows us insights into your account that is not publicly available, do so willingly and with the knowledge that Company can use it as it sees fit to improve the service it provides;
- Whether as an distributor or reviewer, you agree that all orders placed are non-cancellable
3. Responsibility For User Content; Publisher Requirements
Company respects the rights of third party creators and content owners. We do not condone a) physical harm or verbal abuse of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) engaging in unauthorized commercial activities and/or sales without Company's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (f) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Company website or for any other unauthorized purpose without Company's prior written consent; (g) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (h) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (i) taking any action that imposes an unreasonable or disproportionately large load on the Service or Company's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.
5. Use of Third Party Services
As a part of our Service, Company may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Company does not operate or control in any way any information, software, products or services available on such web sites. Company's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
While we take significant measures to protect your data, we cannot control or prevent the unauthorized scraping or collection of data displayed on our website by third parties. We are not responsible for the security of information that is publicly accessible or obtained by third parties without our consent.
6. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law, or regulation, or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Company, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your Content in connection with the Submitune Community. We may edit or remove Your Content, or block or disable replies on a topic, at any time and in our sole discretion.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
User agrees to comply with all applicable foreign and domestic laws
7. Disclaimers and Limitations
Company intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Company may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Company AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF Company'S SERVICE IS AT YOUR OWN RISK. Company AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Company'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Company OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Company'S LIABILITY, AND THE LIABILITY
OF Company'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE,
SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY
YOU TO Company DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID
TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS
OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN Company
AND YOU. Some states do not allow the limitation of liability, so the foregoing
limitation may not always apply.
ERRORS AND DELAYS
Company is not responsible for any errors or delays caused by an incorrect e-mail
address provided by you or other technical problems beyond our reasonable control.
8. Funding Your Account
You may fund your account in two ways: (1) you can process payments to your account via a credit card or PayPal ("Deposited Funds"); and (2) you can earn funds by approving premium submissions as a reviewer ("Earned Funds").
Deposited Funds will appear as "Premium Credits" in your Account balance and be available for you to purchase premium submissions; however, Deposited Funds may not be cashed out or refunded. Payments are processed by Braintree, a division of PayPal, and can be made using most major credit cards, or with your PayPal account. By default payment information is stored safely on Braintree's systems to make future transactions quick and easy.
Earned Funds will generally appear in your Account balance after responding to a Premium Submission, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site. The Company may from time to time and at its own discretion add or remove additional ways in which you can earn funds. Funds earned in this way will have the same conditions applicable as funds earned by responding to Premium Submissions. The Company reserves the right to add additional conditions on funds earned in the aforementioned ways.
Please note that if your Account is inactive for a six-month period (i.e. you have not signed into your Account, you have not added more Deposited Funds, you have not purchased any premium credits, or you have not received any Earned Funds during that time), then we may deem your Account inactive. If your Account is inactive after a twelve-month period, your Account balance may be charged an inactive fee. Company may, but has no obligation to, give you prior notice of the imposition of any inactive fee. PLEASE NOTE OUR REFUND POLICY (Submitune.com/about/refund), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
9. Termination
Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to ping@submitune.com. You shall be responsible for ensuring delivery of the notice to the Company. Company shall not be obligated to store any data or files for more than ninety (90) days after termination of your access to the Service.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
10. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Company's Service, to the goods or services provided by Company, or to any acts or omissions for which you may contend Company is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Delaware, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Delaware, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Delaware. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Company WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Company ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
11. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this agreement, you and we are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
12. Company and User
Each agree to submit to the personal jurisdiction of a state court located in Boston, Delaware or the United States District Court for the District of Delaware, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above. These Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service provision under these Terms of Service shall not constitute a waiver of such right or provision. Except as otherwise expressly agreed in this Agreement, this Agreement is non-¬‐exclusive and either party may engage in similar or other relationships, agreements or arrangements with any other party. Except as agreed in an Order Form, neither party promises any level of business or outcomes to the other. YOU AND Company AGREE THAT CLIENT HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS. Further, Client hereby waives 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 other than electronic means. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved to Company.
13. Copyright and Trademark Notices
All contents of the Service are copyrighted © 2021 Submitune. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
14. YouTube API Services
Some features of our platform leverage the YouTube API. Use-cases include:
- Displaying an embedded YouTube video
- Retrieving the number of followers a channel or a video has received.
- For Authenticated users, detailed analytics about how many views a YouTube Playlist has received
- For Authenticated users, the ability to create and manage YouTube Playlists
By using our website, you agree to be bound by the YouTube Terms of Service, which can be found at https://www.youtube.com/t/terms . You also agree to Google's Privacy Policy, which can be found at http://www.google.com/policies/privacy. All of this information is already publicly visible on YouTube, and we do not share any of it with third parties.
Submitune's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy , including the Limited Use requirements.
If you have connected your account with Google, you can revoke access at any time through your Google account settings. To do this, follow these steps:
- Go to your Google Account page.
- Navigate to the "Security" section.
- Under "Third-party apps with account access," find and select our app.
- Click "Remove Access."
Please note that revoking access will prevent us from accessing any information from your Google account, which may affect your ability to use certain features of our service.
15. Submitune Links
- IP Address
- Browser Information: This includes details such as browser type and version, operating system, and device type
16. Use of AI Models
Our app utilizes AI models to enhance user experience and provide advanced features. Below, we outline the specific AI models employed, the data shared, the purposes for sharing, and user control options.
- Data Shared: No data is shared with third-party tools or platforms. The AI model runs locally within the app.
- Purpose: To analyze the user's song data and determine the genre.
- Usage: The model processes song data locally and does not transmit any data externally.
- Data Shared: User feedback data (non-personal) is shared with ChatGPT for processing.
- Purpose: To generate summaries of user feedback and extract positive pull quotes.
- Usage: ChatGPT processes the feedback data to provide summaries and quotes. No personal information is shared during this process.
Enhance User Experience: By using AI models, we aim to provide users with insightful feedback summaries, genre classification, and positive pull quotes that enhance their overall experience with our app.
- Local AI Model: No external data sharing ensures user data remains secure and private.
- ChatGPT Integration: Only feedback data (excluding personal information) is shared, ensuring that users' personal privacy is maintained.
- Local AI Model: As no data is shared externally, no opt-out option is necessary.
- ChatGPT Integration: Users can choose not to utilize the feedback summary and positive pull quotes features, thereby opting out of sharing their feedback data with ChatGPT.
- Data Minimization: We only share the necessary feedback data with ChatGPT, excluding any personal information.
- User Consent: By using the features that involve AI models, users provide implicit consent for the necessary data sharing.
- Ethical Standards: We ensure that all data shared with AI models is handled in accordance with industry standards for privacy and security.
17. Account Deletion
You have the right to delete your account and personal information from our platform at any time. To initiate the account deletion process, please follow these steps:
- Log in to your account on our website: https://www.submitune.com/account.
- Navigate to the "Settings" section of your account dashboard.
- Under the "Delete account" section, you will find a "Delete" button. Click on this button to begin the account deletion process.
Please note that by deleting your account, all the personal information associated with your account will be permanently removed from our system. This includes any submitted content, messages, and account settings.
Once the account deletion process is initiated, it cannot be undone. Please make sure to download or save any data or content you wish to retain before proceeding with the account deletion.
Data Retention
After the account deletion process is completed, we may retain certain anonymous and non-personal information for analytical purposes and to comply with legal obligations. However, this data will not be linked to any individual or identifiable account.18. Contact Us
If you have any questions or concerns about your account deletion or privacy matters, please feel free to contact ping@submitune.com.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.