1. About our Terms
1.1 These Terms explain how you may use this website (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:
- e-mail: firstname.lastname@example.org, or
- by submiting 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 posted at: https://www.show4me.com/help_center/acceptable_use_policy, which governs your permitted use of the Site;
- “Account” means the account you hold with us for purposes of making contributions, interacting with us and undertaking other transactions that are available to you through the use of the Site;
- “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;
- “Crowdfunding Services” means the crowdfunding function available on the Site, and to which the Crowdfunding Terms apply in addition to the Terms;
- “Crowdfunding Terms” means the provisions of these Terms posted at: https://www.show4me.com/help_center/crowdfunding_terms, which will apply to you if you use the Crowdfunding Services;
- “Descriptions” means each and collectively any information including explanations and descriptions detailed on the Site on how any part of the Services work and are to be used by a User, and any description that is implicit from the steps that are the only steps available on the Website to use that aspect of the Services, it is understood that we are entitled to make changes to the Descriptions from time to time on our sole discretion;
- “Digital Content Terms” means the provisions of these Terms posted at: https://www.show4me.com/help_center/digital_content_terms, which will apply to you when using the Website to buy or sell Content;
- “Music Interaction Services” means the services and functions available on the Website other than the Crowdfunding Services;
- “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 that part of the Music Interaction Services that enables a User to buy or sell Content on the Site in accordance with the Descriptions and the Terms;
- “Registration” means successful completion of opening an Account in accordance with the Descriptions including without limitation acceptance of these Terms, and “Register”, or “Registering” shall take the same meaning;
- “Services” means the services that are available to you through the use of the Site, including without limitation the services in accordance with these Terms;
- “Site” has the meaning given to it in clause 1.1;
- “Submission” refers to Content you uploaded, transmitted or posted on the Site, including Content supporting a Campaign, as well as Content you uploaded to the Artist Club, and “Submissions” mean more than one Submission.
- “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 or its Content (and “your” shall have the same meaning).
1.7 We are registered with the Information Commissioner’s Office under the Data Protection Act.
1.8 Your use of the Site means that you must also comply with our Acceptable use policy, Crowdfunding Terms and our Digital Content Terms, where applicable.
2. Your Account and Using the Site
The Site is for your personal use 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 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.
2.1 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.
2.2 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.
2.3 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.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at email@example.com.
2.5 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 a Professional, 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 Your Submission remains your property and is protected, without limitation, pursuant to the United Kingdom and foreign copyright and other intellectual property laws. We don’t own any Submission you submit to us. We do need certain licenses from you to enable the Services. When you submit Content to the Site or via the Services, you agree to the following terms:
- You allow us to use your Submissions. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, right to use, exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to all your Submissions. You grant us permission to use your Submissions for marketing and other promotional purposes.
- We can make changes to or delete your Submissions. You grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete any of your Submissions.
- You have all legal rights to all your Submissions. 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 for a Campaign, 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.
6.2 You also hereby grant us a non-exclusive, worldwide license to:
- reproduce, display and distribute any Submission, including without limitation artwork, photographs, liner notes, metadata, track data lyrics and editorial content; and
- to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, and songwriter featured in any Submission.
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.
6.7 Where applicable and permitted under Applicable Laws, you also agree to waive any ‘moral rights’ (or the equivalent under Applicable Laws) such as your right to be identified as the author of any Submission, including Feedback, and your right to object to derogatory treatment of such Submission.
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 Digital Content Terms 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 Digital Content Terms.
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 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 official Account to enable the interaction between fans that are Users and the Artist being promoted, it being understood that if you establish an Account on behalf of a 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.
10.2 If you open the Artist Club, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and to bind the Artist to the Terms.
10.3 Any Submission you uploaded to the Artist Club will be available for Users joined the Artist Club. For more information about Artist Clubs read here.
11. Limitation on our liability
12. 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.
13. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
These Terms are dated 1 February 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 14. We reserve the right to vary these Terms from time to time. 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. It is your responsibility to check these Terms from time to time to verify such variations.
15.1 We will try to resolve any disputes with you quickly and efficiently.
15.2 If you are unhappy with us please contact us as soon as possible.
15.3 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:
15.4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
15.5 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.