Crowdfund Terms

Our Terms of Use agreement describes what UNMusicCares.com does for you, the Artists, Entertainers, Charities and the Campaign Owners you are supporting, and what is asked of you the user in return. By using the site or service in any manner, including but not limited to visiting or browsing the site, you agree to be bound by this agreement. This agreement applies to all users of the site or service, including users who are also contributors of content, information, and other materials or services on the site.

The website UNMusicCares.com is referred to as the UN Music Cares platform.

1. Introduction

This Terms of Use statement is a legal document, which sets out your rights and obligations, and those of UN Music Cares (“us”), in relation to this site (“UNMusicCares.com”) and the services offered by us through it. You must take the time to read and understand it. By registering with or using Artists Gig.com, you accept that you are entering into a contract with us on the terms of this Terms of Use Contract. You should be aware that these Terms of Use might change from time to time in accordance with section 21 below.

2. Different user types of UN Music Cares

There are three different user types of the UN Music Cares platforms:

Campaign Owners: individuals or groups that offer up an opportunity to contribute financially to their pitch through the UNMusicCares.com platform;

Visitors: People that access UN Music Cares;

Backers: Visitors to UN Music Cares that have registered and/or made financial contributions to campaigns listed on UN Music Cares.

For an outline on the service provided by UN Music Cares, please read the “How It Works” page as well as the FAQ pages for further information.

3. UN Music Cares Registration

By registering/submitting a campaign with UN Music Cares you are enabled to use the platform as a Backer or Campaign Owner. If you agree to register with UN Music Cares, you agree to the Terms of Use of UN Music Cares as well as updating your profile with accurate information about yourself. During the registration process you are not requested for any payment detail information. The whole payment process is handled by a third party website and all information handed over to the third party is not held by UN Music Cares, but may be retained by the third party. As part of the registration process with UN Music Cares you may be required to verify your e-mail account. This is with the purpose of ensuring that the e-mail address that you nominated is under your control. UN Music Cares reserves the right to accept or refuse membership applications and any membership may be revoked at any time without any notification, written or otherwise.

4. Pledge Rewards

Pledge rewards are goods or services that are provided to backers in return for financial contributions to a campaign. Campaign owners may offer up to ten different pledge reward types with an unlimited number of each pledge reward type. Upon achieving the target funding successfully, campaign owner(s) will endeavor to fulfill all pledge rewards promised at the outset of the campaign within a reasonable time-frame. A reasonable time-frame is not defined as a set duration, however, if it can be reasonably shown that the campaign owner has completed the campaign, and then the pledge reward fulfillment process should be underway. The pledge reward fulfillment process is the sole responsibility of the campaign owners and as such they are required to ensure that they have full and adequate information from the backers to enable them to fulfill their pledge rewards. UN Music Cares is not party to, and shall not be held responsible for, transaction, agreements and or disputes between backers and campaign owners in connection to the fulfillment process. The payment processor that UN Music Cares uses are not party to, and shall not be held responsible for, transaction, agreements and or disputes between backers and campaign owners in connection to the fulfillment process. UN Music Cares does not store credit card details nor do we share customer details with any 3rd parties.

5. Intellectual Property

The content on this website is provided ‘as is’, and UN Music Cares gives no representation or warranty as to the accuracy of the content and assumes no responsibility for errors or omissions in it or the effect it has upon your computer. This site includes links to other sites on the Internet. UN Music Cares cannot vouch for the suitability or accuracy of the content of those sites and so you use them at your own risk. Any references to linked sites or to third-party companies, products or services by name does not constitute or infer its endorsement by UN Music Cares. The information available on the site might from time to time be incomplete, out of date or inaccurate. UN Music Cares reserves the right at any time and without prior notice to make changes and corrections to the material on the site or to make parts or this entire site unavailable at any time without notice. UN Music Cares disclaims all liability in respect of all information and its provision, and shall not be liable for any loss or damages suffered as a result of any use of the site. Although UN Music Cares aims to keep it up to date, UN Music Cares does not guarantee its accuracy. UN Music Cares does try to make this site as useful as possible, none of the material it contains is professional advice or a substitute for it, and cannot be relied upon as such. Unless specified to the contrary, the contents of this website and these pages are protected by copyright. The authors and creators of the material on the website assert their moral rights. The UN Music Cares logos and contents of this website (including text, design and graphics) are copyrighted materials of UN Music Cares. All rights are reserved. They may not be used, transmitted or reproduced unless in accordance with prior written instructions issued by UN Music Cares. No use, transmission or reproduction is permitted without our express, prior permission. Any text, or material (including video or images) that is associated with a user of UN Music Cares, or part of the registration of a user with UN Music Cares, is referred to as “User Content” from here onwards. By uploading user content onto the UN Music Cares platform a user expressly grants the following:

a. UN Music Cares non-exclusive rights to license, use, reproduce, modify, market and distribute all user content throughout the UN Music Cares platform as well as any related UN Music Cares sites

b. Other users the non-exclusive, personal, non-transferable right to use and reproduce the relevant user content for both personal and public performance

c. All copyright, trademarks and intellectual property relating to UN Music Cares and any user content are owned by or controlled by UN Music Cares or the relevant individual user that has uploaded the content.

By uploading user content onto the UN Music Cares platform the user accepts that they are the sole owner or authorized person (namely as the author or the authorized representative) without attestation. There is a “cooling off” (right of cancellation) period of 7 days after a campaign has been “submitted to Go Live”, should a Campaign Owner wish to remove any content uploaded to the UN Music Cares platform. If a request to remove content is made after this cooling period UN Music Cares reserve the right to keep the content “Live” on the platform. All content “live” on the platform is subject to the UN Music Cares Intellectual Property terms.

The UN Music Cares copyright team is located and contactable with the details below:

Attn: Copyright Agent

UN Music Cares

Email: copyright@unmusiccares.com

6. Ending use of UN Music Cares

Users may cease to browse, interact with UN Music Cares and or any of our subsidiary sites at any time. This cessation of use does not give a user the right to remove content from UN Music Cares or request the removal of any content from UN Music Cares regardless of whether the user was the originator of the content in question. All obligations and rights handed over to UN Music Cares under the articles outlined in section 5 of this Terms of Use contract remain in force regardless of whether a user continues or discontinues their use of the UN Music Cares platform.

7. Privacy policy.

Your privacy is paramount to us and our privacy policy shows how we protect it. Our privacy policy is an integral part of the Terms of Use contract outlined here, and by agreeing to this contract, you also give your consent to the way that your personal data and information submitted by you is handled under our privacy policy outlined in a separate agreement on the Artists Gig website. If you create a UN Music Cares campaign, please remember that it is a public page and that UN Music Cares is for everyone. We never store credit card details nor do we share customer details with any 3rd parties.

8. The UN Music Cares Role

UN Music Cares and its officers, employees, agents and successors are not and cannot be held responsible for the behavior of users whether on the UN Music Cares site or externally. Whilst we endeavor to keep the user content that is loaded onto the UNMusicCares.com platform as suitable for general viewing we cannot be held responsible if you are exposed to indecent, offensive or objectionable material that infringes on our Terms of Use contract. Under no circumstances are we liable or responsible for user content shown on the UNMUsicCares.com platform. We are not party, or involved in the pledge fulfillment process and should a query be raised on the delivery of the pledge rewards this should be taken up with the campaign owner directly. If there are any disputes with regards to transactions and offers solicited on the UNMusicCares.com platform this is to be treated as a case external to UNMusicCares.com. UNMusicCares.com will endeavor to pass control of the funds of a campaign that has reached target funding within an allotted time-frame, to the Campaign Owner in a timely manner. In order to do this, the Campaign Owner will be required to give UNMusicCares.com a working bank account’s details that can be linked to a UNMusicCares.com Stripe account, or a Stripe account (if it pertains). Should the Campaign Owner wish to receive the funds via Stripe there may be an additional charge of up to 3% taken by Stripe. You the user acknowledge that it is not the role of UNMusicCares.com to act as mediator, negotiator or even communicator between a campaign owner and a backer and as such absolveUNMusicCares.com of any responsibility with regards to the pledge reward process. In the event of a dispute, you release UNMusicCares.com , its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. You the user acknowledge that it is not the role of UNMusicCares.com to ensure the safe delivery of Pledge Rewards and in the case of a dispute between a backer and the campaign owner; you absolve UNMusicCares.com of any responsibility with regards to the pledge reward process. UNMusicCares.com advise campaign owners to ensure delivery for pledge rewards is made within 30 days using either Mail (recorded delivery) or DHL or Fedex.

ArtistsGig.com makes no guarantees regarding the performance of any payments processing system in place for fundraising on the ArtistsGig.com site. Due to the failure of some credit and debit cards, ArtistsGig.com cannot guarantee the full receipt of a pledge, nor act as a guarantor for the funding to reach the full amount. If a “all-or-nothing” campaign is unsuccessful in reaching the full target funding, then Stripe will issue refunds to all backers of the campaign. The amount refunded will be the initial pledge total minus the payment processor refund fees that can vary from 1% to 3% of the total amount pledged. It is not the responsibility of ArtistsGig.com or the ArtistsGig.com designated payment processor to issue a refund for the full amount pledged.

9. ArtistsGig.com Website Unavailability

ArtistsGig.com can not guarantee that the website will run smoothly 100% of the time as there will be periods of site downtime beyond our control, construction and modification. During periods when the website is not functioning as per normal, ArtistsGig.com accept no responsibility for the loss or potential loss of any funding opportunities. ArtistsGig.com does not accept any liability caused by the website being inaccessible and reserve the right to make all content unavailable to users for sustained periods of time.

10. Third Party Websites and Resources

The service may link or permit you to link to other websites or resources on the Internet, and external sources may link back to the UNMusicCares.com site. When you access a third party site this is done at your own risk. The other websites are externally controlled and thus outside of UNMusicCares.com responsibility or liability. The company is not responsible or liable for any aspect of the content, the functionality, legality or appropriateness of any third party site. Inclusion of links, images or videos on the UNMusicCares.com website does not imply an endorsement by the company, nor any association with the operators or employees of the company. You acknowledge that the company shall not be held responsible or liable for any damage or loss caused or alleged to be cause in connection with the use of or reliance on any such content, goods or services available on or through other third party websites or resources.

We reserve the right to terminate, suspend or remove any content on the site as well as limit/restrict access to parts of the site to all users if the user content appears to be in breach of any provision or part of this Terms of Use agreement. We reserve the right to remove all content submitted by any user that is in breach, not just the content that appears to be in breach. Every user is responsible for the content that they have uploaded to the site and as such must ensure that the use and exploitation of said content under this Terms of Use contract:

Does not infringe the rights of any third parties or any laws or regulations, including (in the European Union) the Data Protection Directive (95/46/EC), the Directive on Privacy and Electronic Communications (2002/58/EC), the Electronic Commerce Directive (00/31/EC) and the Distance Selling Directive (97/7/EC), and any national implementations thereof, in any country where any message is originated or delivered; does not breach any criminal laws including but not limited to the Communications Act 2003, the Protection from Harassment Act 1997, The Protection of Children Act 1978, the Sexual Offenses Act 2003, the Obscene Publications Act 1959 and the Obscene Publications Act 1964. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature; is not intended or likely to cause needless annoyance, inconvenience or distress to any person; does not contain any defamatory or racist material, or depict or advocate drug taking, violence or the use of weapons, or include abundant or gratuitous swearing or coarse language; does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information; does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising and privacy); does not breach the rights of any person or entity (including copyright or any rights or expectations of privacy), and has the prior documented consent of all persons appearing in the User Content; does not advertise any goods or services, except that Founders may use ArtistsGig.com to advertise and promote their own careers and the goods and services associated with campaigns featured in UNMusicCares.com.

Each User also agrees not to disrupt or interfere with a backer’s contribution to a campaign or a Campaign owner’s (or our) commercial objectives. If a User sees or experiences any User Content, or any content, activity or communication undertaken or appearing on, through or in connection with UNMusicCares.com, that appears to infringe the above, please notify us – providing full details of the material in question – at support@unmusiccares.com

11. Contacts from Third Parties

By submitting content to the site, you agree that should any third party make contact or attempt to communicate with you, and then you will endeavor to do the following:

Provide all reasonable information and help with regards to the query as is relevant to your content uploaded; and Respond in a timely fashion with as much accuracy as could reasonably be expected. Users should note that these points apply not just to contact from third parties, but also to inquiries passed on through us.

12. Additional Services and Roles

We are constantly expanding our services and roles beyond those outlined in “The ArtistsGig.com Role”, users may receive contact from us with regards to these additional services. Provided that a user is notified of any change of activity and any subsequent changes in the Terms of Use, either by writing or e-mail, then the user accepts to comply with all the new terms governing these new services. Where the change of services offered by ArtistsGig.com is relatively small ArtistsGig.com reserves the right to implement the change without an update to both the Terms of Use or a notification to the users. Should we significantly alter a service already offered on our site, and then any changes of service will be accompanied by notifications to the user subject to the same terms outlined above. Any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Terms of Use Contract.

13. Security of UNMusicCares.com

For security or other reasons, you may be required to change your password or other information, which facilitates access to UNMusicCares.com; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. For this reason please do not share any personal information or your password with anyone else.

14. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.

IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY YOU ARE FORBIDDEN TO USE OR ACCESS ARTISTSGIG.COM AND ARE IN BREACH OF THIS TERMS OF USE CONTRACT.

UNMusicCares.com is presented ‘as is’ and as such if we cannot guarantee that UNMusicCares.com will meet your requirements, including (without limitation) as to the quality, availability or speed of delivery of any User Content and subsequent funding. Any user of the UNMusicCares.com site does so at their own risk and any use of the site is down in the knowledge that pledging money or posting fundraising opportunities runs an inherent risk of non-delivery and or not achieving the funding requirement.

15. Indemnity

In all events the company, its directors, employees, agents, partners are indemnified against all costs, claims, expenses and liabilities arising out of action, demands, allegations or proceeding by any person or entity (including without limitation, any regulator) by the users of the site. The user agrees to indemnify us in the following situations:

Should any content on the site infringe third party copyright or ownership rights including the use of licensed materials;

Should any user have breached article 12. Or any part of this Terms of Use Contract.

By indemnifying us, the user agrees to the following:

that the indemnifier is responsible for notifying us any matter which has been contested or disputed; the indemnifier is responsible for the defense and settlement of all issues in the matter, provided that both the indemnifier and the indemnified is confident that the indemnifier is capable of conducting the defense sensibly. In the absence of this confidence the indemnified reserve the right to take over the conduct of the matter in connection with such defense and settlement, including (without limitation) by executing documents.

16. UNMusicCares.com Suspension and Termination

We reserve the right to suspend and or terminate all services associated with the site and any aspect under the control of the company at any time for any length of time without any compensation or recourse from users.

Should the company wish to terminate the site and its ancillary services a notice will be issued on the site informing all users that it is management’s intention to cease the operation of the site

17. Assignments and Subcontracting

We reserve the right to subcontract or assign this Terms of Use Contract, and any of our rights and or obligations contained therein to any third party, subject to us not reducing any guarantees offered in this Terms of Use Contract. You the user may not subcontract or assign any of your rights or obligations without prior written consent from UNMusicCares.com management.

18. Terms of Use Contract in its Entirety

Management believes that this Terms of Use Contract is both fair and reasonable and should be used in relation to all arrangements and agreements between you the user and any aspect of the company, except for any fraud or fraudulent activities by either you or us. No oral presentation or explanation will change any aspect of this agreement, and any person that is not party to this Terms of Use Contract has no right Contracts Act 1999 (Rights of Third Parties), to rely on or use any part of this Terms of Use Contract either with matters in connection with the company or any other body.

19. General Acceptance

You and we are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Terms of Use Contract. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any aspect of this Terms of Use Contract is held to be invalid or unenforceable by judicial decree or decision, the remainder of this User Contract shall remain valid and enforceable.

20. Change of Terms of Use Contract

These Terms of Use may change or be updated from time to time. It remains your responsibility to access and check these Terms of Use wherever you access the Website. The latest version of these Terms of Use will govern any future usage by you of the Website.