Terms of Use & Submission Agreement

1.Acceptance of Terms & Eligibility

By accessing the Site, submitting any music, making any payment, or clicking any checkbox that references this Agreement, you ("User," "you," or "submitter") confirm that you have read, understood, and agree to be legally bound by this Agreement and all applicable laws and regulations.

You must be at least 18 years of age to submit music or make any payment through this Site. By submitting or paying, you represent and warrant that you are 18 years of age or older. If you are under 18, you may not use any submission or payment feature of this Site.

If you are submitting on behalf of a band, label, or other entity, you represent that you have full legal authority to bind that entity to this Agreement.

HeartStruck reserves the right to refuse service, cancel submissions, or ban any user who violates these terms, at any time and for any reason, without notice.

2.Music Submission License Grant

By submitting a track through this Site, you grant HeartStruck (operated by the individual known as "HeartStruck") a non-exclusive, worldwide, royalty-free, sublicensable license to:

• Play, stream, and broadcast your submitted track during live review sessions on the Site and any associated streaming platforms (including but not limited to Twitch, YouTube, or similar services)
• Buffer, store, and cache your audio file on the server for the duration of its place in the review queue
• Display metadata associated with your submission (artist name, song title, producer name, social links) publicly on the Site and during live broadcasts
• Reference your name, track title, and producer credit in connection with the review and broadcast

This license is limited to the purpose of conducting the live music review session. HeartStruck will not use, sell, license, or distribute your track for any commercial purpose unrelated to the live review format without your separate written consent.

Your submitted audio file will be deleted from the server at HeartStruck's discretion following broadcast, or upon a valid DMCA takedown request as described in Section 4.

3.Ownership, Copyright & Representations

By submitting a track, you expressly represent, warrant, and covenant that:

• You are the original creator of the submitted track, or you have obtained all necessary rights, licenses, and permissions from all rights holders (including but not limited to composers, producers, featured artists, sample clearances, and record labels) to grant the license in Section 2
• Your submission does not infringe any third-party intellectual property rights, including copyright, trademark, trade secret, or moral rights
• No samples are contained in the track unless they are fully cleared, licensed, or fall within fair use — and you bear sole responsibility for any clearing obligations
• You have not submitted the track under any exclusive distribution or licensing agreement that would prohibit the broadcast described in Section 2
• The submission does not contain any content that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable
• All information provided in your submission (name, song title, producer, contact email) is accurate and truthful

These representations are material to this Agreement. Any false representation is a material breach and may subject you to legal liability, including claims from the actual rights holders.

4.DMCA & Copyright Infringement Policy

HeartStruck respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

If you believe your copyrighted work has been submitted or broadcast without authorization, please send a written notice to the contact address in Section 14 containing:

• Your full legal name and contact information (address, phone, email)
• A description of the copyrighted work you claim has been infringed
• A description of where the allegedly infringing material appears on the Site
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
• Your physical or electronic signature

Upon receipt of a valid DMCA notice, HeartStruck will remove the infringing content promptly and notify the submitter. Repeat infringers will be permanently banned from the platform.

Counter-notification: If you believe your submission was removed in error, you may submit a counter-notification under 17 U.S.C. § 512(g) with the same contact information. HeartStruck will restore the content within 10–14 business days unless the complaining party files a court action.

5.Donations, Skip Payments & No-Refund Policy

HeartStruck offers an optional skip-queue system and accepts voluntary donations processed through Cash App. By making any payment through this platform you expressly acknowledge and agree to the following:

• All payments are voluntary. No payment is required to submit music for review. Skip-queue and Super Skip options are optional enhancements.
• All payments are final and non-refundable, including but not limited to: Skip the Line payments ($10), Super Skip payments ($20), and any general donation of any amount.
• Queue placement is not guaranteed. HeartStruck reserves the right to cancel, postpone, or reschedule any live session. If a session is cancelled before your track is played, your skip status will be preserved for the next session — however, no monetary refund will be issued under any circumstances.
• Chargebacks and disputes are prohibited. By paying, you agree not to initiate a chargeback, payment dispute, or reversal with your bank or payment provider. If a chargeback is initiated, HeartStruck reserves the right to ban your email address and pursue the disputed amount plus any fees incurred.
• Payments are processed through Cash App (operated by Block, Inc.). HeartStruck is not a payment processor and is not responsible for any errors, failures, or disputes arising from Cash App's platform. All payment disputes with Cash App must be handled directly with Cash App.
• Skip placement is conditional on payment verification. Skip queue promotion occurs only after the payment is verified through the automated email scanning system. HeartStruck is not liable for delays or failures in automated verification.
• Fraudulent payments. Any attempt to submit a fraudulent, reversed, or otherwise invalid payment to gain queue position is a material breach of this Agreement and may result in permanent ban and legal action.

6.IP Address Logging & Record Keeping

By submitting a track through this Site, you expressly consent to the following data being collected and retained:

• IP address of the device used at the time of submission
• Date and timestamp of submission (UTC)
• Email address provided in the submission form
• Artist name, song title, and producer name as entered
• Skip tier selected and any associated payment note
• Agreement timestamp — the date and time you checked the agreement box

This information is retained for a minimum of three (3) years from the date of submission and may be retained indefinitely. It is used for the following purposes:

• Fraud prevention and queue integrity (detecting duplicate submissions, fake payments, or abuse)
• Copyright infringement investigation — in the event of a DMCA claim or legal dispute, the submitter's IP address and contact information will be provided to rights holders or law enforcement upon receipt of a valid legal request
• Enforcing these Terms of Use, including banning repeat violators

IP addresses are not sold, rented, or shared with third parties except as required by law, court order, or valid legal process, or in connection with a DMCA or intellectual property dispute as described in Section 4.

7.Content Moderation & Removal Rights

HeartStruck reserves the right, at its sole and absolute discretion, to:

• Reject any submission without explanation prior to or during a live session
• Remove any submission from the queue at any time for any reason
• Decline to play any track that HeartStruck, in good faith, believes may infringe copyright or violate applicable law
• Permanently ban any user whose submissions repeatedly violate these terms
• Edit or truncate public-facing metadata (artist name, song title) if it contains offensive, defamatory, or otherwise inappropriate content
• Terminate or suspend access to the submission system at any time

HeartStruck is under no obligation to review any track for copyright compliance prior to broadcast, and the exercise or non-exercise of these rights does not create any liability to HeartStruck.

8.Privacy & Data Collection

HeartStruck collects the minimum data necessary to operate the submission and review queue system. Specifically:

• Email address: Collected at submission. Never displayed publicly. Used only for queue management and fraud prevention.
• Artist name, song title, producer: Displayed publicly on the Site and during live broadcasts as part of the review process.
• Social media links: Optional. Displayed publicly if provided.
• IP address: Logged at submission. Not displayed publicly. Retained as described in Section 6.
• Audio file: Stored on the server for the duration of queue placement. Deleted at HeartStruck's discretion after broadcast.

HeartStruck does not use cookies for tracking, does not run advertising networks, and does not sell personal data to third parties. The Site may use third-party services (including CDN providers and streaming platforms) that have their own privacy policies.

For data deletion requests (excluding records required for legal or fraud-prevention purposes), contact HeartStruck using the information in Section 14.

9.No Endorsement or Guarantee of Airplay

Submission to the HeartStruck review queue does not constitute and should not be interpreted as any endorsement, recommendation, approval, or commercial partnership between HeartStruck and the submitting artist or their music.

HeartStruck does not guarantee that your track will be played during any particular session, that a review will be positive, or that any specific outcome will result from the review. Live sessions are subject to technical issues, time constraints, scheduling changes, and the host's sole discretion.

Any review, commentary, or criticism expressed during a live session constitutes the opinion of HeartStruck only and is protected expression under applicable law.

10.Indemnification

You agree to defend, indemnify, and hold harmless HeartStruck and its operators, affiliates, licensees, and agents (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your submission or any content you provide through the Site
• Your breach of any representation, warranty, or obligation under this Agreement
• Your infringement or alleged infringement of any third party's intellectual property rights
• Any claim by a third party arising from the broadcast of your submitted track
• Any fraudulent, false, or misleading information you provided in connection with a submission or payment
• Your violation of any applicable law or regulation

HeartStruck reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with HeartStruck in such defense.

This indemnification obligation survives the termination of your use of the Site and this Agreement.

11.Limitation of Liability & Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or continuous availability.

HeartStruck does not warrant that:

• The Site will be available at any particular time or without interruption
• Submitted audio files will be stored without loss or corruption
• Automated payment verification will function without error or delay
• Live sessions will occur on any particular schedule

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEARTSTRUCK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES arising out of or relating to your use of the Site, your submission, or any payment — including but not limited to loss of revenue, loss of data, loss of goodwill, or loss of business opportunity — even if HeartStruck has been advised of the possibility of such damages.

HeartStruck's total aggregate liability to you for any claim arising out of this Agreement shall not exceed the total amount you paid to HeartStruck in the six (6) months immediately preceding the claim, or $20.00, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so some of the above limitations may not apply to you.

12.Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law principles.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Site that cannot be resolved informally shall be resolved exclusively through final and binding arbitration administered by a mutually agreed-upon arbitrator in Curry County, Oregon, or conducted via videoconference. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis. You waive any right to bring or participate in any class action, collective action, or representative proceeding arising out of or relating to this Agreement.

Exception. Either party may seek emergency injunctive relief in a court of competent jurisdiction in Curry County, Oregon to prevent irreparable harm pending arbitration, without waiving the right to arbitrate.

Informal Resolution First. Before initiating arbitration, you agree to contact HeartStruck at the address in Section 14 and attempt to resolve the dispute informally for a period of at least thirty (30) days.

13.Changes to These Terms

HeartStruck reserves the right to modify these Terms at any time. When changes are made, the "Last updated" date at the top of this page will be revised. Continued use of the Site or submission of any content after the revised Terms are posted constitutes your acceptance of the updated Terms.

If you do not agree to any revised Terms, you must immediately cease using the Site and its submission features. It is your responsibility to review this page periodically.

For material changes affecting existing skip-queue placements or outstanding payments, HeartStruck will make reasonable efforts to provide notice via the Site.

14.Contact Information

For DMCA notices, legal inquiries, data deletion requests, or any questions regarding these Terms, contact HeartStruck at:

DMCA notices must be submitted in writing and include all elements required under 17 U.S.C. § 512(c)(3) as described in Section 4. Incomplete notices will not be acted upon.