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Crowdfunding Terms.

1. Introduction

These provisions are part of our website Terms of use of the Site https://www.show4me.com/help_center/terms_of_use, and for the avoidance of doubt, the definitions of the Terms apply.

2. Nature of Service

  • SHOW4ME ACTS SOLELY AS AN TECHNOLOGY [SOFTWARE AND HOSTING SERVICES] THAT ALLOWS INTERACTION BETWEEN PLEDGERS AND THOSE USERS THAT SET-UP A CAMPAIGN IN ACCORDANCE WITH THE CAMPAIGN PROCESS (each a “Professional” and collectively the “Professionals”). The goal of the Site is to allow Pledgers to give a fixed sum of money to finance a future music project (each a “Campaign”). For the avoidance of doubt, you are deemed to be a Professional if you use the Crowdfunding Services to launch a Campaign.
  • In order to make a Pledge for a campaign you are required to follow the steps detailed in Descriptions on the Site, and linked pages of the Site, as amended from time to time, in accordance with the Terms (the “Campaign process”).
  • Show4me does not personally organize any events or make any representations as to the reliability of Professionals which may advertise on the Site. Show4me is not responsible for verification and identification of any Professionals and information posted by the Professionals on the Site. Show4me therefore makes no representations as to the true identity of the Professionals or whether the Professionals 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 wilful misconduct or gross negligence by Show4me.

3. Pledges

  • Making a pledge.
    • You can make any Pledge for any Campaign that is available on the Site from time to time, including without limitation for a music recording (“Music Album”) and an event (each an “Event”), it being understood that the foregoing mentioned Campaign categories are categories that are available at the time of the writing of these Terms (each a “Campaign Category”, and collectively the “Campaign Categories”). Two types of Event are available: (1) Concert on Demand or (2) Online Concert.
      “Concert on Demand” is a live music performance by the Professional under the terms and where fans are present in the location that specifically determined on the Campaign page.
      “Online concert” is a live stream music event where Professional can perform online in front of the audience from all over the world. Online Concert has more relieved rules, which are specifically determined below.
    • The funds raised for any Campaign shall each and collectively be known as the “Funds”, as applicable.
    • ANY TERMS THAT ARE SPECIFIC TO A CAMPAIGN [INCLUDING PAYMENT TERMS AND ANY SPECIFIC CONDITIONS ] WILL ALWAYS BE DEFINED BY THE PROFESSIONAL VIA A NOTICE ON THE SITE PAGE WHERE THE PLEDGE CAN BE MADE (EACH THE “CAMPAIGN SPECIFIC TERMS”), IT BEING UNDERSTOOD THAT THESE CROWDFUNDING TERMS DETERMINE ONLY FRAMEWORK (‘COMMUNITY’) RULES FOR LAUNCHING CAMPAIGNS. SHOW4ME DOES NOT DEFINE TERMS AND CONDITIONS OF THE CAMPAIGN, THE NAME AND PURPOSE OF THE CAMPAGN, CROWDFUNDING GOAL [CONFIRMATION POINT, FUNDING GOAL] AND DEADLINE, CROWDFUNDING MODEL [INCLUDING POSSIBLE FINANCIAL REWARD OR NON-MONETARY REWARD] ETC.
    • Music Albums shall only be sold via the Site in accordance with the Campaign process; and tickets for Events will only be sold via Site and external systems approved by us in writing in advance, as further detailed in the Campaign process (each and collectively “Campaign sales”).
  • Acceptance and transaction fees.
    • The Pledges are subject to acceptance by the Professional which launched a Campaign. Your contract for the Pledge is between you and the Professional (the “Pledge Contract”).
    • The funds raised from Users for a Campaign are held by the Professionals on Professionals’ electronic wallets opened by payment processor Mangopay. SHOW4ME DOES NOT POSSESS ELECTRONIC WALLETS USED BY PROFESSIONALS FOR RECEIVING FUNDS COLLECTED FROM CAMPAIGN SALES.
  • Funding Goal and Confirmation Point.
    • When creating a Campaign, the Professional shall set up via the Site:
      • a ‘Confirmation Point’, which is the minimum value of Funds to be raised in the Campaign composed of expenses, our fee and your minimum profit, all as further detailed on the following page of the Campaign process https://www.show4me.com/help_center/general, it being understood that where the Campaign is an Event, the price of any tickets being sold as part of the Campaign may be increased (“Confirmation Point”); and
      • a ‘Funding Goal’ for the receipt of Pledges, which sets the total and maximum value of Funds to be raised for the Campaign and the date when this has to occur by (collectively the “Funding Goal”).
      • In the event a Campaign is a Music Album, we do not use the Confirmation point criteria, instead we use the “Funding Goal” in specific context.
    • To transfer/pay-out collected Pledges to the respective Professional, the execution of respective payment agreement (instrument) may be required under the law.
    • EVERY TIME THE CONFIRMATION POINT [FUNDING GOAL - IN THE EVENT A CAMPAIGN IS A MUSIC ALBUM] IS NOT REACHED WITHIN THE TIME AND BY THE DATE PRESCRIBED IN THE CAMPAIGN SPECIFIC TERMS AND EVERY TIME A CAMPAIGN IS CANCELED (EACH A “CAMPAIGN FAILURE”), EVERY PLEDGER WILL BE ENTITLED TO A REFUND OF THEIR PLEDGE WITHIN 30 DAYS FROM THE CAMPAIGN FAILURE, IT BEING UNDERSTOOD THAT ANY REFUND WILL BE MADE IN THE SAME CURRENCY AND TO THE SAME PAYMENT CARD USED FOR THE MAKING OF THE PLEDGE AND THAT THE REFUND MAY BE SUBJECT TO FEES OF YOUR BANK.
    • By setting the Funding goal of the Campaign or the Confirmation Point, the Professional agrees and gives our Software a direct order to automatically refund the pledged amounts to the Pledgers in case if the Campaign Failure occurs.
    • IF A CAMPAIGN FAILURE OCCURS: PRIOR REACHING CONFIRMATION POINT [WHEN CAMPAIGN IS AN EVENT] AND PRIOR REACHING FUNDING GOAL [WHEN CAMPAIGN IS A MUSIC ALBUM], OUR SOFTWARE WILL AUTOMATICALLY REFUND ALL PLEDGES. SHOW4ME IS NOT RESPONSIBLE FOR THE REFUND. THE REFUND IS THE SOLE RESPONSIBILITY OF THE PROFESSIONAL.
    • Each Campaign will be deemed complete and at the end if either of the following occurs (each a “Campaign Completion”): Campaign Failure; or achievement of the Funding Goal, and completion of the Funding Period.

4. Campaigns

  • Every Professional shall follow the Campaign process in order to launch a Campaign, it being understood that the set-up of a Campaign in accordance with the Campaign process shall be known as the “Campaign Start”, and that the period between any Campaign Start and the Campaign Completion shall be known as the “Funding Period”.
  • The Professional shall use the Funds exclusively to complete the Campaign and provide Rewards to Pledgers.
  • Every Campaign shall last from between 7 to 150 calendar days unless otherwise is agreed by Show4me in writing in advance.
  • The Professional shall ensure that any Event will always be held within 12 months from the applicable Campaign Completion. The Professional shall ensure that a digital music album, which shall be created by the Professional that set-up a Music Album Campaign, will be released and uploaded to the Site within 12 months as of date of achievement of the Funding Goal.
  • Online concert as a specific type of Event may be conducted pursuant to the following relieved rules, regardless the general rules for Events:
    • Professional shall three days before the event schedule a live stream on YouTube Channel or other video streaming service (sustained by the Site) and publish a link on the Campaign page on Show4me.
    • No minimum funding goal is mandatory, but it shall be over GBP 3.00 (or equivalent).
  • THE PROFESSIONAL IS FULLY RESPONSIBLE FOR THE FULFILMENT OF THE IMPLIED AND EXPLICIT OBLIGATIONS IN CONNECTION WITH HIS OR HER CAMPAIGN. SHOW4ME IS NEITHER LIABLE FOR THE PLANS AND THE REWARDS PROVIDED BY THE PROFESSIONAL IN RELATION TO A CAMPAIGN NOR FOR THEIR FULFILMENT OR NON-FULFILMENT.
  • THE PROFESSIONAL HEREBY CONFIRMS THAT HE OR SHE IS COMPLETELY RESPONSIBLE FOR ALL TAXES, INTEREST AND PENALTIES IN CONNECTION WITH THE PAYMENT RECEIVED THROUGH THE SERVICE.
  • The Professional has the right to cancel the Campaign at any time before the Funding Goal is achieved by sending an email with details of the cancellation request at: support@show4me.com.
  • After achieving the Confirmation Point/Funding Goal, the Professional may not withdraw from his/her obligations hereunder.
  • It is the Pledgers’ responsibility to ascertain whether a Campaign has been canceled or rescheduled. If aware of the cancellation or rescheduling, Show4me may attempt to inform Pledgers but Show4me does not give any guarantee that the Pledgers will be informed of cancellation in good time before the Campaign completion.

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