1. About our Terms
1.1 These Terms explain how you may use this website or any of our mobile applications connected with the same, including without limitation our ‘T-Reader’ (the “Site” or “Website”).
1.2 References to the Site in these Terms includes the following website: www.show4me.com, and all associated web pages.
1.3 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.4 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.5 If you have any questions about the Site, please contact us by:
SHOW4ME DOES NOT PROVIDE ANY SERVICES TO FANS (as defined below). SHOW4ME IS A PROVIDER OF SOFTWARE [TECHNOLOGY] AND HOSTING SERVICES TO ARTISTS (as defined below). ARTIST IS A THIRD-PARTY USER OF THE SITE AND IS NOT THE SAME PARTY AS SHOW4ME. SHOW4ME DOES NOT SELL OR OTHER DISTRIBUTE THE CONTENT. THE CONTENT [INCLUDING DIGITAL CONTENT] IS SOLD AND DISTRIBUTED BY ARTISTS. ARTISTS’ SERVICES ARE PROVIDED BY ARTISTS TO FANS. THE PRICE FOR THE CONTENT AND/OR ARTISTS’ SERVICES OFFERED TO FANS BY ARTISTS, PAYMENT TERMS AND ANY SPECIFIC CONDITIONS RELATING TO ARTISTS’ CONTENT AND/OR SERVICES WILL ALWAYS BE DETAILED BY ARTISTS ON THE APPLICABLE PAGES OF THE SITE. SHOW4ME DOES NOT DEFINE SALES TERMS AND CONDITIONS FOR THE CONTENT AND/OR SERVICES OFFERED TO FANS BY ARTISTS. SHOW4ME PROVIDES ARTISTS WITH SOFTWARE [TECHNOLOGY] AND HOSTING SERVICES TO ENABLE ARTISTS TO DELIVER THE CONTENT AND/OR ARTISTS’ SERVICES TO FANS. SHOW4ME DOES NOT HAVE AN INFLUENCE ON THE DELIVERY OF THE CONTENT AND/OR ARTISTS’ SERVICES TO FANS. WHEN FAN BUY ARTIST’S CONTENT AND/OR SERVICES, IT WILL BECOME AVAILABLE FOR DOWNLOAD ONTO FAN’S COMPUTER OR DEVICE – THE GREY DOWNLOAD BUTTON WILL BECOME COLOR TO SHOW THIS AVAILABILITY. THE ARTIST MAY AT CERTAIN CASES, IN PARTICULAR UPON FREE DECISION, STOP SELLING THE CONTENT AND/OR SERVICE, REPLACE THE CONTENT AND/OR SERVICE, SET OTHER PRICE FOR IT, AND SHOW4ME DOES NOT CONTROL ARTIST’S INTENT TO PROVIDE CONTINUOUS CONTENT AND/OR SERVICE TO FANS. SHOW4ME IS NOT RESPONSIBLE FOR REFUNDS FOR THE CONTENT. ARTIST IS LIABLE FOR REFUND, REPAIR OR REPLACEMENT OF THE CONTENT THAT IS OF UNSATISFACTORY QUALITY, UNFIT FOR PURPOSE OR NOT AS DESCRIBED. FANS BEAR ALL RISK FROM THE DENIAL OF ACCESS TO ANY CONTENT AND/OR SERVICE PURCHASED FROM ARTISTS. ARTIST IS RESPONSIBLE FOR THE AMOUNT OF THE PAYMENT SENT BY FAN, PLUS THE APPLICABLE FEES [CREDIT CARD TRANSACTION FEES, BAD DEBTS (SUCH AS CREDIT CARD RETURNS OR FRAUD), DISPUTED PAYMENTS, AND REFUNDS] IF THERE IS A CHARGEBACK, A DISPUTE, OR IF THERE IS A REVERSAL OF THE PAYMENT.
- e-mail: [email protected], or
- by submitting your request via Send feedback form. Our Support team will respond as soon as possible generally within 24 hours.
- “Acceptable use policy” means the policy, which governs your permitted use of the Site;
- “Artist” means a third-party User of the Site who is a seller that makes the sale via the Site, which and is not the same party as Show4me; and Artist means Professional (as defined in Crowdfunding Terms) as well.
- “Artist Club” has the meaning given to it in clause 10;
- “Content” any content, trademarks, text, images, video, audio, sound recordings, videos synchronized with sound recordings and other audiovisual works, and the musical works embodied within sound recordings and music videos, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, or other multimedia content or other information or material provided, or otherwise made accessible through the Site. Content may be provided to the Site and distributed by Artists and Show4me is a provider of software and hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Site. The Content means the Digital Content as well.
- “Crowdfunding Services” means the crowdfunding function [software and hosting services] available to Artists through the Site, and to which the Crowdfunding Terms apply in addition to the Terms;
- “Crowdfunding Terms” means the provisions of these Terms, which will apply to you if you use the Crowdfunding Services;
- “Distribution services” or “services offered by Artist” or “Artist’s services” means the Content and/or services that are offered to Fans by Artists through the Site, including, without limitation, distribution of the Content [including Digital Content], subscription to Artist Club, other interaction features available to Artists through the Site, and to which the Framework Terms for Buying Content apply in addition to the Terms;
- “Descriptions” means each and collectively any information including explanations and descriptions detailed on the Site, and any description that is implicit from the steps that are the only steps available on the Site;
- “Digital Content” means Content made available via the Services;
- “Framework Terms for Buying Content” means the provisions of these Terms posted at: https://help.show4me.com/help_center/framework_terms, which will apply to you when using the Site to buy or sell any subscription to Artist Club or any Digital Content through the Site;
- “Fan” or “Customer” or “End user” means a third-party User of the Site to which Artists offer their content and/or services, including, without limitation, distribution of the Content [including Digital Content], subscription to Artist Club, other interaction features available to Artists through the Site;
- “Pledge” means the funds provided for any Campaign by a Pledger;
- “Pledger” means any User of the Site who has registered as a Pledger in accordance with the Campaign process and made a pledge for a Campaign;
- “use the Website to buy or sell Content” means Distribution Services that enables a User to buy or sell Content on the Site and/or to buy or sell the subscription to Artist Club or use other interaction features available through the Site in accordance with the Descriptions and the Terms;
- “Registration” means successful completion of opening an Account including without limitation acceptance of these Terms, and “Register”, or “Registering” shall take the same meaning;
- “Services” means the services that are available to Artists through the use of the Site, including without limitation the services in accordance with these Terms. For the avoidance of doubt, Show4me is a provider of Software and hosting services to Artists and the latter own copyright and other rights to offer/sell/distribute the content and/or services to Fans through the Site, including without limitation the Content, Digital Content, subscription to Artist Club, other interaction features available via the Site. SHOW4ME DOES NOT PROVIDE ANY SERVICES TO FANS. SHOW4ME IS A PROVIDER OF SOFTWARE [TECHNOLOGY] AND HOSTING SERVICES TO ARTISTS. SHOW4ME DOES NOT SELL OR OTHER DISTRIBUTE THE CONTENT.
- “Site” has the meaning given to it in clause 1.1;
- “Submission” refers to Content you added, created, uploaded, submitted, transmitted, distributed or posted on the Site or throughout the Services, including Content supporting a Campaign, as well as Content you uploaded to the Artist Club, including but not limited to sound recordings, videos synchronized with sound recordings and other audiovisual works, and the musical works embodied within sound recordings and music videos, and “Submissions” mean more than one Submission.
- “subscription to Artist Club” means following an Artist or purchasing a subscription to an Artist and/or Artist’s Content.
- “Unwanted Submission” has the meaning given to it in clause 6.5;
- “we” means Wefuture Limited, company registration number 09403162, the registered office of which is at Suite 319-3, 1 Royal Exchange Avenue, London, United Kingdom, EC3V 3LT (and “us”, “Show4me” or “our” shall have the same meaning); and
- “User” or “you” means the person accessing or using the Site (and “your” shall have the same meaning).
1.7 We are registered with the Information Commissioner’s Office under the Data Protection Act.
1.9 You may not transfer outside the Services any software (including related documentation) you obtain from us or third-party licensors in connection with the Services without specific authorization to do so.
1.10 You must comply with current technical documentation applicable to the Services posted on the Site.
1.11 You will provide information or other materials related to your Submissions as reasonably requested by us to verify your compliance with these Terms. You will reasonably cooperate with us to identify the source of any problem with the Services that we reasonably believe may be attributable to your Submissions or any end user materials that you control.
1.12 In connection with your use of the Services, you are responsible for maintaining licenses and adhering to the license terms of any your Content or Submissions. If we reasonably believe any of your Content or Submissions violate the law, infringes or misappropriates the rights of any third party, or otherwise violates a material term of these Terms (including the documentation, Descriptions, Crowdfunding Terms, Framework Terms for Buying Content , or the Acceptable Use Policy) (“Prohibited Content”), we may terminate or suspend your use of the Site, remove or edit your Submissions, disclose Submissions to law enforcement authorities or take any action we consider necessary to remedy the breach. Notwithstanding the foregoing, we may remove or disable access to any Prohibited Content without prior notice.
1.13 You will ensure that all information you provide to us via the Site (e.g., information provided in connection with your registration for the Services) is accurate, complete, and not misleading.
1.14 From time to time, we may apply upgrades, patches, bug fixes, or other maintenance to the Services and our Content (“Maintenance”). You agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about.
1.15 When you use a Service, you may be able to use or be required to use one or more other Services (each, an “Associated Service”), and when you use an Associated Service, you are subject to the terms and fees that apply to that Associated Service.
1.16 If you process the personal data of Fans or other identifiable individuals in your use of a Service, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
2. Your Account and Using the Site
2.1 The Site is for your personal use (except with respect to Artists, Artist Companies or Represented Artists (each, an “Artist”) only and you are not entitled to transfer your rights or duties detailed herein to a third party. You can browse Site without Registering for an Account, however, to use some of the Site’s functions, you will need to Register. The information you provide us during your Registration and further upon using the Site has to be true, accurate, and complete, and you agree to ensure that it remains to be the case at all times. Do not impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you do not follow these rules, we may cancel your account.
2.2 You are not entitled to use the Site and access the Content unless you:
- have the power to enter into a binding contract with us and are not be barred from doing so under any applicable laws.
2.3 You agree that you are solely responsible for:
- all the activity on your Account;
- all costs and expenses you may incur in relation to your use of the Site;
- keeping your password and other Account details confidential.
2.4 The Site is intended for use only by those who can access it from jurisdictions in which the Site and the use of it is not in breach of any applicable laws and/or regulations of that jurisdiction (the “Compliance Requirement”). If you choose to access the Site from locations in which the Compliance Requirement is not satisfied, you shall be fully responsible for compliance with and breach of any local laws as applicable.
2.5 Fan Accounts
You may register with the Site as a Fan and create a User account (“Fan Account”), which will allow you to access certain features of the Artists’ content and services that are only available through Fan Accounts, such as a wishlist, a fan profile page that lists your history of purchases of Artist’s Content along with information that you choose to share about yourself, and the ability to follow other Fans or Artists. Following an Artist or purchasing a subscription to Artist Club (an “Artist Subscription”) gives that Artist access to your email address, as does making a purchase from an Artist while logged in to your Fan Account.
2.6 Artist Accounts
If you are using or opening an account on behalf of a an artist singularly if he (she) acts as a sole artist, and every and all members/performers of music group/band if they act as a music group/band then you represent and warrant that you: (i) are an authorized representative of that artist or band with the authority to bind such artist or band to these Terms and (ii) agree to be bound by these Terms on behalf of such artist or band.
If you are using or opening an account on behalf of a company, entity or organization (including, but not limited to, a recording label) (each an “Artist Company”), then you represent and warrant that you: (i) are an authorized representative of that Artist Company and any artists represented by such Artist Company (a “Represented Artist”) with the authority to bind such Artist Company or Represented Artist to these Terms and (ii) agree to be bound by these Terms on behalf of such Artist Company and/or Represented Artist.
2.7 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at [email protected].
2.8 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
3. Your privacy and personal information
3.3 If you are an Artist, you herewith also confirm that you are the controller with respect to any personal data you receive pursuant to the Services, and that you will process any such personal data in compliance with all applicable data protection laws, including without limitation the EU General Data Protection Regulation (GDPR); and will therefore ensure that any of your sub-contractors you use to process personal data pursuant to the Services are subject to the GDPR.
4. Our Intellectual property
4.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us, our licensors or both (as applicable). Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
4.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust trying to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
4.3 For the avoidance of doubt, the use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.
5. Our Software
5.1 Our Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user license agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests. They may contain provisions that set out what your legal rights are (under e.g. the Consumer Rights Act 2015 if you are located in England or Wales, and any equivalent rules, regulations or laws in your jurisdiction, as applicable, also each and collectively known as “Applicable Laws”) and what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you.
5.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5.3 Third party software (for example, open source software libraries) included in our Services are licensed to you either under these Terms or under the relevant third-party software library’s license terms.
6. Your Intellectual Property
6.1 YOU RETAIN OWNERSHIP OF ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU HOLD IN YOUR CONTENT. IN SHORT, WHAT BELONGS TO YOU STAYS YOURS. HOWEVER, TO ENABLE THE SERVICES WE DO REQUIRE YOU TO GRANT CERTAIN RIGHTS TO US. WHEN YOU SUBMIT CONTENT TO THE SITE OR VIA THE SERVICES, YOU AGREE TO THE FOLLOWING TERMS:
- YOU GIVE SHOW4ME A WORLDWIDE LICENSE TO USE, HOST, STORE, REPRODUCE, MODIFY, CREATE DERIVATIVE WORKS (SUCH AS THOSE RESULTING FROM TRANSLATIONS, ADAPTATIONS OR OTHER CHANGES WE MAKE SO THAT YOUR CONTENT WORKS BETTER WITH OUR SERVICES), COMMUNICATE, PUBLISH, PUBLICLY PERFORM, PUBLICLY DISPLAY SUCH CONTENT. THE RIGHTS YOU GRANT IN THIS LICENSE ARE FOR THE LIMITED PURPOSE OF OPERATING, PROMOTING, AND IMPROVING OUR SERVICES, AND TO DEVELOP NEW ONES. THIS LICENSE CONTINUES EVEN IF YOU STOP USING OUR SERVICES UNLESS YOU DELETE YOUR CONTENT. MAKE SURE YOU HAVE THE NECESSARY RIGHTS TO GRANT US THIS LICENSE FOR ANY CONTENT THAT YOU SUBMIT TO SITE.
SITE’S SETTINGS ALLOW YOU TO CONTROL WHAT OTHERS CAN DO WITH YOUR CONTENT ON THE SITE. BY DEFAULT, YOU ARE SET UP AS THE CONTROLLER OF ALL CONTENT YOU CREATE OR UPLOAD TO THE SITE.
6.2 You represent and warrant that:
- you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to us with respect to your Submissions;
- With respect to any Submission, you hereby grant us non-exclusive recording and broadcasting rights to the applicable Content, it being understood that the parties hereto may agree to exclusive rights pursuant to a written agreement.
- your Submission and its use by us as contemplated by the Terms, does not violate the Terms, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Content by us or any artist, band, label, entity or individual without express written consent from such individual or entity; and
- we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your Submissions or have any liability to a User or any other party as a result of any use or exploitation of your Submissions.
6.3 We may, but have no obligation to, monitor, review, or edit Submissions. In all cases, we reserve the right to remove or disable access to any Submission for any or no reason, including but not limited to, a Submission that, in our sole discretion, violates the Terms. We may take these actions without prior notification to you or any third party. Removal or disabling of access to a Submission shall be at our sole discretion, and we do not promise to remove or disable access to any specific Submission.
6.4 You are solely responsible for all Submissions that you post or upload. We are not responsible for any Submissions nor do we endorse any opinion contained in any Submission. You agree that if anyone brings a claim against us related to any Submission that you post or upload, then, to the extent permissible under Applicable Laws, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
6.5 While we try to make sure that the Site is secure, we cannot guarantee the security of any information or Submission that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (each and collectively “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.6 We will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
7. The accuracy of information and availability of the Site
7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
7.2 We may suspend or terminate operation of the Site at any time as we see fit.
7.3 You may have certain legal rights when using the Site (such as if the Framework Terms for Buying Content apply to you). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015 if you are located in England or Wales or the Applicable Laws if not. A summary of your key rights is set out at the beginning of the Framework Terms for Buying Content.
7.4 Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
7.5 We will make reasonable efforts to keep the Site operational, however, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions; and to the extent permissible under Applicable Laws, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Site or any function or feature thereof.
7.6 You understand, agree, and accept that we have no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. We and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by Applicable Laws.
8. Hyperlinks, third party sites and applications
8.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
If you provide feedback, ideas or suggestions to us in connection with our Service or any Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorise us to use that Feedback without restriction and without payment to you. Feedback shall be deemed to be a Submission, and all provisions that relate to Submissions hereunder apply to Feedback.
10. Artist Clubs
10.1 The Artist club is an Account to enable the interaction between Fans and the Artist.
Show4me is not responsible for verification and identification of any Artist, the Content uploaded by the Artist to the Site, and information posted by the Artist on the Site. Show4me therefore makes no representations as to the true identity of the Artists or whether Artists disclose/post true, complete and accurate information. You hereby agree that Show4me will not be liable for; and you will not name Show4me or any of its officers, directors, employees, or other individuals acting on its behalf as a defendant in any dispute arising from undue performance or non-performance of any obligations by any User of the Site, except where such breach is due the willful misconduct or gross negligence by Show4me.
If you establish an account on behalf of company, organization, entity brand, artist, or band (each an “Artist”, and such account an “Artist Club”), the terms “you” and “your”, as used throughout the Terms apply to both you and the Artist as applicable. For the avoidance of doubt, the term “Artist” includes a sole artist, and every and all members/performers of music group/band if they act as a music group/band, Artist Company, Represented Artist as well.
10.2 By opening the Artist Club and uploading any Content to the Site:
- you represent and warrant, and can demonstrate to Show4me full satisfaction upon request, that (i) you own or otherwise control all rights to your Content (or that such Content are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into these Terms and to grant all of the rights with respect to the Content as set forth in these Terms (hereinafter “Direct Licensed”); (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to the Services; (iii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Content, and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Content) as contemplated by these Terms, and (iv) you are authorized to grant all of the aforementioned rights to the Content to Show4me.
- you represent and warrant that the use of your Content by Show4me will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- you represent and warrant that, you have the full right, power, and authority to grant the rights set forth in these Terms notwithstanding the provisions of any agreement you may have entered into with any collective management organization (“CMO”), or any music publisher, and that you are solely responsible for taking all steps necessary to inform such CMO or music publisher of your grant of a royalty free license to Show4me for the public performances and communications to the public of your Content, and that no fees or payments of any kind whatsoever shall be due to any CMO or music publisher for the public performance or communication to the public of your Content.
- you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Content as authorized under these Terms.
If any agreement you have entered into with any third party, including, but not limited to a CMO, music publisher, union or guild, whether by law or contract, prohibits you from granting Show4me the right and license set forth in these Terms and making the representations and warranties set forth in this clause immediately above, then you are prohibited from uploading your music to the Services and shall be responsible for indemnifying and holding Show4me harmless from and against any and all claims arising from the exploitation of your music on the Services, including all court costs and legal fees.
10.3 Any Submission you uploaded to Artist Club will be available for Users joined the Artist Club. For more information about Artist Clubs read our Framework Terms for Buying Content.
11. Fees and Payments
Fees and Payments – General
Show4me facilitates payments for Crowdfunding services and/or purchases of Content including Digital Content made available via downloading and subscription to Artist Club through the Service. Each such purchase is a “Transaction,” each Transaction involving Digital Content is a “Digital Transaction”, and each Transaction involving Crowdfunding Service is a “Crowdfunding Transaction.”
Fees and Payments – Fans
You may purchase the Content [including Digital Content and subscriptions to Artist Club] and/or Artist’s services through the Site.
All inquiries regarding Transactions will be directed to the relevant Artist.
The price of the Campaign (as defined in Crowdfunding Terms) and/or the price of the Content [including Digital Content and subscription to Artist Club] and/or other Artist’s services, payment terms and any specific conditions will always be detailed by the Artist on the applicable page of the Site.
Invoice for the Content [including Digital Content and subscription to Artist Club] and/or other Artist’s services is issued by the Artist. The Artist will normally use our software to produce invoices. Such invoices may bear Show4me logo or any other information on Show4me as an automated system engaged in producing invoices.
You understand and agree that Show4me is a Site that Artists use to launch a Campaign, sell Artist’s services, sell subscription to Artist Club and sell their Content [including Digital Content] that is derived from files provided by the relevant Artist, and the relevant Artist is solely responsible for such files.
Fees and Payments – Artists.
You will set the prices for your products and services that are charged through Transactions (the “Prices”) through the Site, and you may change the Prices at your sole discretion.
You shall be solely responsible and liable for, and Show4me shall have no responsibility or liability for, any Mangopay’s fees (except for fees charged on Show4me’s Mangopay account), credit card transaction fees, bad debts (such as credit card returns or fraud), disputed payments, and refunds, except as provided in these Terms.
For the provision of the Services, the Artist shall pay a fee to Show4me in accordance with the following:
- For every Campaign that does not result in Campaign Failure (as defined in Crowdfunding Terms):
- with respect to every Campaign that is an Event (as defined in Crowdfunding Terms), a monetary payment equal to 6% of the Funds raised for the Event; and
- with respect to every Campaign that is a Music Album (as defined in Crowdfunding Terms), a monetary payment equal to 6% of the Funds raised for the Music Album.
- In addition to the foregoing, Show4me shall receive a monetary payment equal to 6% of the value of any funds generated from sales of any Digital Content and Music Albums (as defined in Crowdfunding Terms) via the Site or otherwise (including without limitation Campaign sales for Music Albums); and 15% of any payment made by Users to join any ‘Artist Club’, as further detailed on the following page of the Website https://help.show4me.com/help_center/general.
- All above mentioned Show4me Fees exclude VAT and other taxes. For the avoidance of doubts, if VAT or other taxes are subject to charging, the appropriate tax amount is indicated separately in the invoice.
- The fees described in this section will always be deducted and set-off from any Funds prior to their transfer/pay-out to the applicable Artist; and will be reduced prior to any transfer/pay-out to Artist’s account for any transaction costs including without limitation bank and card fees (except for fees charged on Show4me’s Mangopay account), and any applicable taxes.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SHOW4ME ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THESE TERMS. SHOW4ME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHOW4ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOW4ME DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR E-MAIL SENT FROM SHOW4ME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHOW4ME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THESE TERMS. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under Applicable Laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that:
- were not foreseeable to you and us when these Terms were formed; or
- that were not caused by any breach on our part;
- business losses; and
- losses to non-consumers.
- losses that:
13. Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
14. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
We reserve the right, at our sole discretion, to modify or replace any of the terms in these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time with giving 14 calendar days advance notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Show4me from time to time; and your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms. However, changes addressing newly available features of the Service may be effective immediately. Changes will only apply going forward. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. If you do not agree to the modified terms, you should remove any Content you uploaded and discontinue your use of the Service.
16.1 We will try to resolve any disputes with you quickly and efficiently.
16.2 If you are unhappy with us please contact us as soon as possible.
16.3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
- let you know that we cannot settle the dispute with you; and
- give you certain information about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the website on the ‘Your Europe’ portal:
16.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
16.5 Relevant United Kingdom law will apply to these Terms.
If any clause in this Terms (or part thereof) is or becomes illegal, invalid or unenforceable under Applicable Laws, but would be legal, valid and enforceable if the clause or some part of it was deleted or modified (or the duration of the relevant clause reduced), the relevant clause (or part thereof) will apply with such deletion or modification as may be required to make it legal, valid and enforceable, and the parties will promptly and in good faith seek to negotiate a replacement provision consistent with the original intent of this Terms as soon as possible.
Effective as of April 6, 2020