The following terms and conditions (the "T&C") govern the use of the website www.musicraiser.com by third parties, as well as the services offered through it. Users must read carefully the T&C before accessing the website, being it provided that the services shall be offered subject to prior acceptance of said T&C.
The sole access to said website results in a full, automatic and unconditioned acceptance of the T&C and, therefore, requires for a strict compliance to them.
Refusal to accept the T&C, instead, does not allow access to the website www.musicraiser.com and the services offered through it.
Musicraiser S.r.l. reserves the right, in its sole discretion, without prior notice and/or communication, to modify or replace one or any of the T&C, and/or change, suspend and/or terminate one or more services offered at any time. Use of the services following any change to the T&C uploaded on the website shall be deemed acceptance of the occurred amendments.
"Additional Services" means certain additional services and/or features such as, for example, music digital distribution, print, etc., provided by third parties and offered from time to time to the Creators by the Company through its Website, upon occurrence of certain conditions.
"Company" or "Musicraiser" means Musicraiser S.r.l., with registered office in Via Cosimo Del Fante 10, Milan, registered with the Companies' Register of Milan under no. 07915260967.
"Creator" means a User who created a Project uploaded on the Website.
"Crowdfunding Service" means the service better described under Article 3.
"Pre-Order Service" means the service better described under Article 3.
"Project" means, either, a project for a crowdfunding campaign in the context of the Crowdfunding Services, the project for the pre-sale of live events or albums in the context of the Pre-Order Service, or the creation of a live event in the context of the Wishow Services.
"Reward" means the reward decided and made available by the Creator to Users who support his Project.
"Services" means, collectively, the Crowdfunding Service, the Wishow Service,the Pre-Order Service and the Additional Services.
"User" means the Website's user and, upon registration, the user of the Services offered by the Company, including the Creator.
"Website" means the website www.musicraiser.com, owned by the Company and offering the Services.
"Wishow Service" means the service better described under Article 3.
I. Crowdfunding Services
The Company offers, through the Website, the opportunity for bands, artists and anyone involved in the music market, including labels, promoters, event organizers, videomakers, photographers, to launch crowdfunding campaigns for projects involving, and/or connected to, music.
The Crowdfunding Service consents the Creator to collect from Users, so called raisers, the required amount of money to realize its Project; the Users, in fact, by disbursing an amount corresponding to the economic value of the chosen Reward will consent the Creator to reach the targeted objective.
The Company offers, through the Website, the possibility to organize a music event, a festival or a concert, if the minimum amount of pre-sales is placed to Users. The event may be organized by artists, agencies, promoters, etc.
The Creator must pre-determine the minimum number of tickets to be sold to organize the event. Once the threshold is reached, the tickets for the event may still be sold through the Website until the event date. In case of failure to reach the minimum number of tickets purchased by the Users, the Project will be deemed not realized. The Company may issue the tickets through services from third parties.
III. Pre-Order Services
The Pre-Order Services may allow the Creator (i) to sell his music album although still in production (so called album pre-order); (ii) to find alternative channels to sell tickets for an event, concert or music venue (so called ticket pre-order).
The Pre-Order Services, unlike the Crowdfunding and the Wishow Services do not require for minimum Users payment thresholds to be reached. The purchase of a music album or an event ticket include also the Reward to the User, to be delivered according to the specific instructions indicated in the Project web page (e.g., pick up at the event, delivery, etc.). In case of the ticket pre-order option the Company may issue the tickets through services from third parties.
IV. Additional Services
The Company may enter into agreements with third parties for the supply of Additional Services to Creators that expressly ask for them. Such Additional Services may be subject to additional terms and conditions other than the T&C.
The Website visit does not require for any registration.
However, free registration to Website by inserting e-mail address and password is required to use and benefit from the Services.
User is responsible for all activities related to his ID as well as for maintaining the confidentiality of his password. The User shall promptly inform the Company in case of unauthorized access to his registration information.
For the purpose of registering, the User must provide accurate, complete, and up-to-date information; instead the Company will provide all the necessary information to complete the registration process.
It is the User's duty to promptly communicate to the Company any changes in the e-mail address chosen for registration. In the absence of any notice, Musicraiser will continue to send communications by means of the e-mail address provided, even if the same is outdated.
The Company may, in its sole discretion, refuse to allow registration to any person or entity, and change eligibility criteria at any time. Musicraiser will immediately cancel any accounts of Users who provide data herein recognized as in breach of the T&C.
Registration is not allowed to Users under age 13 and Musicraiser will cancel any information and registration in breach of this provision. Users between 13 and 18 years may use the Services subject to their parents' consent and with their assistance. Project creation is not allowed to Users under the age of 18.
Any User may request cancellation of his account; all the cancellation operations will be completed in 30 days from request.
The Company shall keep monitored the Website, the Services, as well as the contents and material sent by the Users.
Musicraiser is committed to maintain the efficiency of the Services provided. In the event that it would be forced to stop them due to exceptional events and/or maintenance, it is committed to restore such Services as quickly as possible to reduce and eliminate the risk of disruption of any kind caused to their Users.
The Company shall provide any clarifications and explanations with respect to the Website, its technical requirements and the Services offered.
The Company undertakes to transfer to the Creator with all the amounts collected by the Users, in compliance with the Services specifications, net of commission fees.
The main requirement for a Project to be uploaded on the Website is its relation, anyhow, with music.
The Project creation, the use of instruments made available to the Creator, as well as the Project presence on the Website are free. Each Project profile page is upgradeable, implementable, editable, associated with the concept of a blog, and must contain a presentation video and a brief explanation of the goal the Creator wants to achieve.
The Project and its profile, the Reward and its corresponding economic value may be subject to Company's assessment and control through discussions and/or verification of personal documentation. In case of Wishow Services the Creator must deliver to the Company satisfactory evidence of the relevant artist's acceptance to perform the live event on the chosen date.
The Creator must provide Musicraiser with a valid ID card and the IBAN account number.
With respect to the Crowdfunding Services, all the sums collected through the available payment channels, will be charged at the end of the campaign and only if it reaches 100% of the economic goal. With respect to the Wishow Services all the all the sums collected through the available payment channels will be transferred from the Users' accounts if the targeted objective is reached. In case of the Pre-Order Services, Services all the all the sums collected through the available payment channels will be transferred from the Users' accounts immediately.
The Creator undertakes and warrants that the amounts collected in the course of the campaign shall be used only for the purposes described in the Project.
Project duration is decided by the Company only. The Creator must realize the Project and deliver the Rewards within 1 year from the end of the relevant campaign.
A Creator may withdraw his Project beforehand with a 30 days prior written notice to Musicraiser containing detailed reasons for such withdraw; notice will be delivered by certified e-mail or express mail with return receipt. In case of Pre-Order Services, following withdrawal, the Creator must return any amounts received from the Users.
The sums required from Users is divided into thresholds established by the Creators, subject to the Company's prior approval.
Each Reward corresponds to a different threshold. Rewards are strictly non-monetary in nature, with little economic value and can no longer be modified once the Project is uploaded on the Website.
Each User is free to decide the amount payable for the Project chosen and, therefore, the type of Reward.
In some cases the User shall be requested to provide additional personal information (such as mailing address or t-shirt size) to allow the delivery of Reward by the Creator.
The Creator is fully responsible for the delivery of Rewards to the Users and shall bear any related costs.
No reimbursements shall be given to Users should they fail to choose the targeted Reward; however Musicraiser may decide, in exceptional cases, whether to accept in whole or part to reimburse the User with the sums paid, provided that the Company is promptly informed.
Payments can be made through Paypal, all major credit cards, including prepaid cards, such as Postepay. Musicraiser makes no guarantees regarding the performance or operation of the Paypal payment platform. Musicraiser is not responsible for any errors or omissions in the information provided by the User when communicating payment data.
Payments may be subject to User's identity verification. The verification procedure may include interview and/or papers revision and may be subject to changes upon Company's discretion.
The money collection and payments management is in compliance with the applicable laws.
Musicraiser strives to constantly update its Site and implementing technical and organizational features in order to protect Users' personal information from accidental loss, unauthorized access, and usage, alteration, or unauthorized disclosure.
The Company, however, cannot guarantee that unauthorized third parties will be unable to defeat the security measures, or use Users' personal information for improper purposes.
The User agrees to accept the risk of providing his personal information to the Company and to the sites that may be linked to it.
The User acknowledges and agrees that the Service may include materials and information protected by copyright, trademarks, patents, trade secrets, and other intellectual property rights.
The User therefore undertakes to respect and preserve all of them and not to prevent their exercise by the legitimate owner. Musicraiser reserves the right to delete the Users' accounts that infringe upon third parties' intellectual property rights.
When a User believes his work has been copied, and is therefore suffering a copyright infringement, he must personally report the same to Musicraiser in writing, so that the Company may identify the infringement and the work at stake. The written notice must specify the description of the copyrighted work and/or copyright that the User believes has been infringed, where the work is located on the Website, the User's address, telephone number, and corresponding e-mail address.
The Creator represents and warrants that his contents published on the Website are not in breach of any third parties' rights, including intellectual property, confidentiality and privacy rights.
The Creator grants to Users the possibility to share his Project with third parties as well as any material contained thereto, without prejudice to any further Creator's right.
Musicraiser has no intellectual property rights on the Projects uploaded on the Website. However, the Creator grants the Company and others acting on its behalf, the right to use the contents, brands, logos or similar intellectual property in the context of:
1. Services offered;
2. Marketing, promotional, distribution activities through the Website or alternative means or;
3. use, publishing and third parties' right to publish.
The above rights, limited to the Project uploaded on the Website, are irrevocable, royalty free, transferrable and with no territory limits.
As effect, the Company shall use the materials uploaded and published by the Creator on the Website with the purpose to distribute them, create derivative works, visualize related products without sort of limitation.
The Company makes no representations or warranties, express or implied, with respect to accuracy, completeness, authenticity, legality or decency of the contents and materials uploaded on the Website by the Users.
The Company makes no representations on the identity of Users that may use the Website or the Services offered. The Users acknowledges and undertakes the risks connected to use of, and navigation on, the Website.
Musicraiser shall not be liable, unless in cases of negligence or willful misconduct, for the Creator's activity on the internet, social network and his promotional activities of the Services, online or offline. The Creator shall bear responsibility for such contents uploaded by himself or the Users, and any other activity related to the use of the Website, including damages or losses suffered by third parties. The Company shall not be responsible for damages arising out, directly or indirectly, in connection with the Services.
The Company is not responsible for missed delivery of the Rewards by the Creator, events cancellation or failure to deliver tickets in case such activities are performed by third parties.
Users agree to keep Musicraiser indemnified and harmless against any dispute with the Creator or third parties. The same will apply to Musicraiser, its directors, employees or consultants in case of claims, damages, expenses and/or lawsuit that may arise in respect thereof.
In no way Musicraiser shall be responsible for the Services malfunctioning due to phone lines, electric lines or any other disruptive event or force majeure event. Musicraiser is completely extraneous and not subject to any responsibility or obligations with regard to any fiscal aspect, tax and/or accounting related and/or otherwise referable to the management of the sum received by the Creators. The Company does not provide or offers any financial, legal or consulting services, nor make public offerings or mediation or broker activities.
Musicraiser shall also be kept indemnified and harmless from any cost, expense, or duty or burden related to any claim between the User and third parties, including the third parties supplying Additional Services.
The Company shall be kept indemnified and harmless from any cost, expense, duty, burden in any way related to breach by the Creator of the provisions under Legislative Decree 196/2003, as further amended, with specific reference to the provisions relating to collection and processing of Users' personal data, or the use of the same not in compliance with the applicable laws and regulations.
The activities made by the Company through the Website are in compliance with the rules and regulations concerning (i) investment services; (ii) public offerings of financial services; (iii) promotion or placement as per Legislative Decree 58/1998, the Consob Regulation n. 11971/99 and n. 16190/2007 and further amendments.
Any Creator is granted with withdrawal rights, to be exercised in accordance with article 7 of the T&C.
Musicraiser may withdraw from, and interrupt, the Services by mail with return receipt, anticipated by e-mail, upon the occurrence of the following events involving the Creator:
(A) criminal proceedings for crimes against public order, property or the Public Administration;
(B) cease order issued by public authorities relating to the Creator's activities.
Musicraiser is also entitled to terminate the relationship with the Creator in accordance with article 1456 of the Italian Civil Code and by means of written communication sent by mail with return receipt and anticipated by e-mail for Creator's breach of articles 5 I, IV and V of the Terms.
Upon termination or withdrawal the Creator shall not use the Platform or the Services supplied by the Company. Therefore the Creator shall take any measure that may be necessary to properly inform the Users on the Project interruption and, as the case may be, return any sums collected.
Within 30 days from termination, and upon express Creator's request, Musicraiser shall provide the Creator with a backup of all the date uploaded on the Website.
Musicraiser may be contacted for any questions, information and clarifications regarding the Services offered, as well as these T&C by using the contact form in the Website.
Musicraiser communicates to the Users by e-mail and/or post on the Website, and/or by express mail with return receipt.
The T&C and the Services are subject to, and interpreted in accordance with, the laws of the Republic of Italy.
Any legal action or proceedings that may arise or result from the application of the T&C will be subject to the exclusive jurisdiction of the Courts of Milan.
Pursuant to, and in accordance with articles 1341 and 1342 of the Italian Civil Code, the User acknowledges and expressly accepts articles 5, 9, 12, 13, and 15 of these T&C.