SongHippo.com Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Service

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of SongHippo.com, including but not limited to all products, software and services offered via the SongHippo website.

The Service may contain links to third party websites that are not owned or controlled by Song Hippo, Inc. SongHippo.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Song Hippo, Inc. from any and all liability arising from your use of any third-party website.

3. SongHippo Accounts

In order to access some features of the Service, you will have to create a SongHippo Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SongHippo immediately of any breach of security or unauthorized use of your account.

Although SongHippo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SongHippo or others due to such unauthorized use.

IMPORTANT: You agree to use the SongHippo site to communicate any information related to the performance you're purchasing. Off-site communication will not be considered by SongHippo when determining any issues related to your purchase. If you use any other site or service to communicate information about your performance—Skype, Facebook, etc.—full transcripts must be entered into the communication system provided by SongHippo. Payment for Artist services may only be made over the SongHippo.com system. Not adhering to these terms constitutes a violation of our Terms of Service.

4. Use License

A. Permission is granted to temporarily download one copy of the materials (information or software) on Song Hippo, Inc.'s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. engage in any Circumventing Tactics (as defined below), or direct or encourage others to do so. “Circumventing Tactics” means any method by which an artist or a user attempts to circumvent the Site, the SongHippo marketplace or SongHippo systems to book live or recorded performances outside of the Site, the SongHippo marketplace or SongHippo systems (e.g., to avoid paying any fees to SongHippo)

2. "harvest," “scrape” (or collect) information from the Site using an automated software tool or manually on a mass basis, including information about other users of the Site.

3. "stream catch" (download, store or transmit copies of streamed content).

4. obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.

5. "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems. (e.g., perform a Denial of Service attack)

6. modify or copy the materials ;

7. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

8. attempt to decompile or reverse engineer any software contained on Song Hippo, Inc.'s web site;

9. remove any copyright or other proprietary notations from the materials; or

10. transfer the materials to another person or "mirror" the materials on any other server.

11. provide inaccurate, misleading or false information to us.

12. impersonate any person, including, but not limited to, other community members or our employees.

13. engage in or promote spamming, chain letters or other unsolicited communications.

B. You agree to use the SongHippo site to communicate any information related to the performance you are purchasing or providing. Off-site communication will not be considered by SongHippo when determining any issues related to your purchase. If you use any other site or service to communicate information about your performance—Skype, Facebook, etc.—full transcripts must be entered into the communication system provided by SongHippo. Payment for Artist services may only be made over the SongHippo.com system. Not adhering to these terms constitutes a violation of our Terms of Service.

C. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Song Hippo, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

D. SongHippo provides a place for SongHippo Users to interact with artists and book artists to perform live or recorded performances. However, SongHippo does not provide any artists services, nor is it an agent for the artists or act as a representative of any User. Therefore, SongHippo has no control over any User’s activity on the Site, including interactions between Users, and we make no representations regarding the quality, accuracy or safety of the services being provided by an artists or the activities or transactions between Users. You acknowledge that SongHippo is a neutral venue and not a broker, and you are solely responsible for your interactions with other SongHippo Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SongHippo shall have no liability for your interactions with other Users, or for any User’s action or inaction.

5. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

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 the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent at 3401 Candelaria Rd NE, Albuquerque, NM, 87107, email: copyright@songhippo.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SongHippo customer service through https://www.songhippo.com/index.php/common/contacthippo. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

1. Your physical or electronic signature;

2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Albuquerque, New Mexico, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, SongHippo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SongHippo's sole discretion.

6. Disclaimer

The materials on Song Hippo, Inc.'s web site are provided "as is". Song Hippo, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Song Hippo, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Song Hippo, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Song Hippo, Inc.'s Internet site, even if Song Hippo, Inc. or a Song Hippo, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Revisions and Errata

The materials appearing on Song Hippo, Inc.'s web site could include technical, typographical, or photographic errors. Song Hippo, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Song Hippo, Inc. may make changes to the materials contained on its web site at any time without notice. Song Hippo, Inc. does not, however, make any commitment to update the materials.

9. Links

Song Hippo, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Song Hippo, Inc. of the site. Use of any such linked web site is at the user's own risk.

10. Site Terms of Use Modifications

Song Hippo, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Governing Law

Any claim relating to Song Hippo, Inc.'s web site shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions.

12. Escrow Service

Song Hippo, Inc. will retain any funds deposited by the Buyer into the Artist's Tip Jar for fulfillment of a performance. Upon satisfactory fulfillment by the Artist, Song Hippo, Inc. will distribute the funds to the Artist's account. In the event the Buyer is not satisfied with the performance, the funds may be transferred back to the Buyer or the Buyer may contact the Artist to have the performance recreated to their satisfaction. Any issues with Artists should be reported by the Buyer to Song Hippo immediately. Artists agree not to record performances until the agreed-upon funds are deposited in the Tip Jar. Buyers and Artists agree to use the messaging tools at SongHippo.com to communicate any and all information regarding performances. Song Hippo, Inc. takes no responsibility for communications conducted between Buyer and Artist outside the system. Any communications conducted between Buyer and Artists outside SongHippo.com will be disregarded by Song Hippo, Inc. for determining the disbursement of payment or the valid deposit of escrow funds. No outside escrow accounts may be used to engage an Artist's services over SongHippo.com. Song Hippo, Inc. will release the funds to the Artist or Buyer's account, but takes no responsibility for the amount of time it takes to transfer the funds to the destination account. Song Hippo, Inc. takes no responsibility for and does not pay any fees charged by your financial institution or online payment processor. Song Hippo, Inc., is not responsible for any policies or regulations on the part of your financial services provider or regulatory agencies that might prevent you from using any of the features on this site. Song Hippo, Inc. is not responsible for any incidence of fraud, abuse, identity theft or other issues arising from the use of your payment methods, including but not limited to credit cards, debit cards, online payment services, wire transfers, currencies or any other method of payment.


Last Updated: October 6, 2017