Terms and conditions for artists
This translation is only provided for your convenience. The definitive terms and conditions are the Dutch version. In the event of any discrepancy, the Dutch version shall prevail.
Besides these terms and conditions for artists there are als general terms and conditions.
Conditions for using the Fans4Music plaform by the Artist
Before you create a fan environment, it is important to carefully study these additional terms and conditions. These describe further agreements for the use of the platform and the additional services of Fans4Music. This additions terms and conditions apply in addition to the general terms and conditions and, in case of contradiction, preceed over the general terms and conditions. To create a fan environment and to further use the additional services of Fans4Music, you first must accept these terms and conditions.
In these terms and conditions there are concepts that start with a capital letter. These concepts are defined as follows:
Additional Services: the additional services that Fans4Music offers to the Musician through the Platform. These are
- the creation and hosting of a Fan Environment;
- the sharing of information and media through the Fan Environment with (specific groups of) Fans; and
- the receiving of financial support through the Fan Environment form Fans, in exchange or not in exchange for services and product delivered by the Musicina, like concert tickets and merchandise;
Fan: the natural person or legal entity with a registration at Fans4Music;
Fans4Music: Fans4Music B.V., Jaarbeursplein 6, 3521 AL Utrecht, the Netherlands, www.fans4music.com, [email protected], KvK-number 66536375;
Fan Environment: the digital environment that the Musician can create and host, as part of the Additional Services;
Representatives: natural persons or legal entities with a registration at Fans4Music to which the Musician has given administration or modification rights with respect to the Fan Environment;
Musician: de natural person or legal entity that uses the Additional Services;
Musician Account: the registration at Fans4Music to get access to the Additional Services;
Platform: the website fans4music.com and all other channels through which Fans4Music offers the Additional Services at any time, including a (mobile) app;
Stripe: Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, CA 94107, www.stripe.com;
2.1 These terms and conditions are applicable to the use by the Musician of the Platform and the Additional Service. Any (general) terms and conditions of the Musician are explicitely not applicable.
2.2 The use of the Platform and the Additional Services is only allowed with observance of these terms and conditions and always within the limits of the exclusively by Fans4Music to determine fair use. The Musician is obliged to within this context carefuly use the Platform and the Additional Services. Fans4Music may always set additional conditions to this careful use in the light of the well functioning of the Platform and the Additional Services and the legitimate interests of Fans4Music and third parties.
2.3 Under no circumstances may the activities of the Musician in the contect of (the use of) the Platform and the Additional Services:
- be based on untruths and/or be deceptive;
- infringe rights of Fans4Music or third parties, including copyrights, related rights, trademarks and other rights of intellectual property and/or privacy rights; and/or
- (in other ways) be conflicting with applicable legislation and regulations and/or be unlawful with respect to Fans4Music or third parties.
2.4 Fans4Music may always refuse the Musician access to and the use of the Musician Account, the Platform and/or the Additional Services, partially or completely, temporarily or permanent, if the Musician in the judgement of Fans4Music acts in violation of some of these terms and conditions. In this case the Musician has no right for any compensation.
2.5 Fans4Music may always one-sided change these terms and conditions. Fans4Music will announce changes to the Musician using the email address of the Musician from the Musician Account known by Fans4Music and will come in effect on the date of that announcement or the date mentioned in the announcement.
3. Musician Account
3.1 To use the Additional Services a valid Musician Account is necessary.
3.2 The Musician guarantees Fans4Music that the data that have been entered when creating the Musician Account are his own data and that this data is valid and complete. The Musician is obligated to supply changes in this data to Fans4Music through the Platform.
3.3 To avoid abuse of the Musician Account by third-parties, the Musician is obligated to keep the login data of the Musician Account secret and to report unauthorised use immediately to Fans4Music.
3.4 The Musician is and remains fully responsible and liable for all the use of the Musician Account and the use through the Musician Account of the Platform and the Additional Services.This also includes the use of the Musician Account by third-parties, independent of whether this use happens with or without permission and/or knowledge of the Musician, but unless it concerns illegal use with repect to which Fans4Music can be accused of intent or deliberate recklessness.
3.5 The Musician can, through the Musician Account, create and removed one or more Representatives for his Fan Environment.
3.6 The Musician is and remains fully responsible and liable for the actions and negligence of those Representatiec with respect to the Fan Environment as if it were his own actions or negligence. The obligations of the Musician under these terms and conditions are hence equally applicable to Representatives.
4. The Platform and the Additional Services
4.1 Fans4Music will do its best to make and keep the Platform and the Additional Services available. Fans4Music does not warrant that the Platform and the Additional Services will always, uninterupted and without limitations and disruptions be available and will lead to the by the Musician with the use intended result.
4.2 Fans4Music may always interrupt or limit the access to and the use of the Platform and the Additional Services when Fans4Music considers this neccessary in relation to disruptions, disruption resolution, service, maintenance, security and/or the adequate performance of the Platform and/or the Additional Services. Fans4Music will do its best efforts, when possible, to announce interruptions and limitation in advance via the Platform.
4.3 Fans4Music may always, without prior announcement, extend, restrict, and/or change the Additional Services.
4.4 Deadlines indicated by Fans4Music for delivery of Additional Services are always indiciative and are never binding.
4.5 When the Musician through the Platform and/or the Additional Services enters into agreements with a Fan and/or third parties, the Musician does so in his own name and at his own expensives and risk. Fans4Music is no party in these agreements and cannot be addressed in this matter by the Musician (or Fans or third parties). When entering in such an agreement the Musician is, among others, responsible for the legislation in force, including those related to electronic contracts and value added tax (VAT).
4.6 When there is a dispute between the Musician and a Fan or third parties concering an agreement made through the Platform and/or Additional Services, Fans4Music may moderate in this dispute, but is not obliged to do so. Fans4Music may in the context of such a dispute always decide to provide contact information about the Musician (including adress information) to the third parties or Fan.
5. Fan Environment
5.1 The Musician is only allowed the create a Fan Environment for his own (musicial) activities and for those (musical) activities with respect to which he has obtains explicit prior permission from the rights holder.
5.2 The Musician is himself fully responsible and liable for everything that the Musician places on the Fan Environment or offers through the Fan Environment.
5.3 The Musician is not permitted to place texts, images, or audio that:
- is discriminating on appearance, sex, race, origin, religion, sexual preference, culture, or can be considered hurtful in any other way;
- calls for violance or molesting others;
- is in conflict with good morals, contains violent or pornographic material, or links to that;
- stimulates illegal activities;
- concerns processing of personal data that is in confict with applicable laws and regulations;
- violates rights of Fans3Music or third parties, including intellectual property rights or privacy rights.
5.4 What is provided in article 5.3 is also applicable to the services and goods that the Musician offers through the Fan Environment. Whether material placed on the Fan Environment or services and goods offered through the Fan Environment are allowed according the what is provided in article 5.3 is at the sole judgement of Fans4Music.
5.5 Fans4Music may always, on its own initialive or upon request by third parties, remove or remove access to material in the Fan Environment, for example when to the judgement of Fans4Music it violates these terms and conditions or is unlawful against third parties.
6. Receiving payments through the Fan Environment
6.1 In exchange for a fee for Fans4Music, the Musician can receive payments through the Fan Environment as determined in this article.
6.2 The payment provider services for the Musician in the Fan Environment are provided by Stripe. To be able to use these services the Musician enters in a contractual arrangement with Stripe. Fans4Music is no party in this contract. Stripe applies a fee for its services that is independent of the fee for Fans4Music indicated in article 6.1.
6.3 For the services of Stripe the terms and conditions for the Stripe Connected Account Agreement (https://stripe.com/nl/connect-account/legal) and the included Stripe Terms of Service (https://stripe.com/nl/legal) apply, hereafter refered to as the "Stripe Services Agreement".
6.4 Before the Musician can use the services of Stripe - and hence receive payments through the Fan Environment - the Musician must accept the Stripe Services Agreement. By accepting the Stripe Services Agreement or by using the services of Stripe, the Musician agrees to be bound by the Strip Services Agreement, as it can be modified from time to time by Stripe.
6.5 The Musician agrees that Fans4Music creates on behalf of the Musician a so-called 'Custom account' with Stripe to handle the payments reveived through the Fan Environment.
6.6 The Musicians undertakes to provide Fans4Music with all information required by Stripe to create a Custom account and to process the payment provider services, including information about the Musician and his (company) activities, and agrees that Fans4Music provides Stripe with this information and transaction information related to the use of the payment provider services. The Musician guarantees Fans4Music that the information provided by the Musician to Fans4Music is correct and complete.
6.7 The fee mentioned in article 6.1 that the Musician pays to Fan4Music for receiving payments through the Fan Environment, is ten percent of the amount (including VAT) that the Fan pays to the Musician through the Fan Environment. This fee is exclusive from VAT and remains due, even if for some reason the amount is repaid to the Fan. The Musician agrees and authorizes Fans4Music to let Stripe pay this fee regularly directly to Fans4Music.
6.8 The Custom account of the Musician at Stripe is configfured such that payment to the Musician of the payments received through the Fn Enviroment, after subtraction of the fees for Stripe and Fans4Music, is processed at least once a month.
7 Intellectual Property rights
7.1 The Musician ensures to Fan4Music and all affiliated (legal) persons, that the Musician owns all the rights with respect to everything that the Musician places on the Fan Environment and/or offers through the Fan Environment, and that it in no way infringes rights of Fans4Music or third parties, including intellectual property rights and privacy rights.
7.2 The Musician indemnifies Fans4Music and all affiliated (legal) persons against all claims of third parties related to anything placed on the Fan Environment and/or offered through the Fan Environment, and the Musician is obliged to repay Fans4Music or with Fans4Music affiliated (legal) persons all damages and costs related to such claim, independent of whether these claim (afterwards) turn out to be valid.
7.3 The (legal) persons mentioned in articles 7.1 and 7.2 include all directors and employees of Fans4Music. The guaranties mentioned in articles 7.1 and 7.2 are agreed in the form of a third party clause with respect to the with Fans4Music affiliated (legal) persons.
7.4 Placing text, images and audio on the Fan Environment does not constitute a transfer of intellectual property. But the Musician does accept and agree in advance that, by placing text, images and audio on the Fan Environment the Musician automatically and free of charges grants Fans4Music a license to use that material, to duplicate and make it public (and allow third parties to do so) in relation to its services to the Musician and third parties, and in relation to marketing and promotion activities of Fans4Music. This license is worldwide, non-exclusive, and perpetual and also includes the right of Fans4Music to (let) remove the material from the Fan Environment, the Platform, and its servers without any liability to the Musician or any third party.
8. Protection of personal data
8.1 Fans4Music processes personal data accoring the the Privacy Statement published on the Platform, taking into account the Law on protection of personal data. The Musician declares to have read the Privacy Statement and to agree with its contents.
8.2 The Musician is himself responsible for the handling of the personal data that are given to him through the Fan Environment and is obliged to adhere to the Law on protection of personal data. The Musician indemnifies Fans4Music for any claim in the respect of Fans and/or third parties, including damages and fines.
9. Liability of Fans4Music and force majeure
9.1 Fans4Music is only liable for damage that can be blames to intent or conscious recklessness of Fans4Music or or to its management belonging managing subordinates.
9.2 Prerequisite for the arisal of any right for compensation is always that the Musician reports the damage in writing as quickly as possible after it has occured.
9.3 Fans4Music is in case of liability only held to compensate damage to persons or objects. Compensation for other types of damages, including damage for business stagnation, data mutilation or loss, missed revenues or reductions, costs incurred, and claims of third parties, are ruled out.
9.4 The total liability of Fans4Music with respect to the Musician, independent of the (legel) ground(s) on which these are based and independent of the number of claims, is limited to compensating the damage with a maximum of the amount of the fees indicated in article 6.3 by the Musician to Fans4Music, with a maximum of € 250.00. When no fees have been paid, the maximum amount is € 100.00.
9.5 When Fans4Music is liable and hase insured the risk for the damage in the usual way, then, in derogation of article 9.4, any liability is limited to the amount that the insurer pays in the case concerned.
9.6 Any claim to a compensation for damage are cancelled if the Musician does not institute a legal claim for the particular case within one year after it occured.
9.7 Fans4Music is not liable for damage that is the direct or indirect result of force majeure. Force majeure in any event includes the temporary or permanent inability of Fans4Music to (have) fulfill(ed) its obligation with respect to the Musician when this is due to the unability to keep, to keep appropriately or to keep timely the obligations by, by Fans4Music involved, (support) people, ICT-, internet-, and power failures, strikes, government interference or measures and/of other events or circumstances on which Fans4Music cannot exercise decisive influence.
10. Termination of the agreement
10.1 Both the Musician and Fans4Music may terminate the agreement of which these terms and conditions are part, at any moment and immediately without any obligation for (damage) compensation, by notice of temination.
10.2 The Musician can termine through the Platform or in writing to the postal address of Fans4Music. If Fans4Music terminates the agreement she can direct the notice of termination to the e-mail address of the Musician as known to Fans4Music from the Musician Account.
10.3 After terminating the agreement Fans4Music will block the access of third parties to the Fan Environment. Until one month after the termination, the Musician will keep access to the Fan Environment. After this period the Fan Environment is no longer accessible by the Musician.
10.4 Termination of the agreement does not affect the agreements that the Musician made with the Fans and/or third parties through the Platform and/or the Additional Services. The Musician promises with respect to Fans4Music that it will honour these agreements, unless he has made other agreements about this with the Fans and/or third parties involved. The Musician indemnifies Fans4Music from all claims from Fans and/or third parties.
11. Final provisions
11.1 The rights of the Musician under the agreement with Fans4Music are not transferable. Only with prior written approval of Fans4Music can these be made transferable.
11.2 The rights that these terms and conditions give to Fans4Music in the case the Musician violates any clause from these, are not limiting Fans4Music to force compliance with the violated clause and to demand compensation. The conditions in article 6:92 clauses 1 and 2 BW are in this case not applicable.
11.3 These terms and conditions and the agreement between Fans4Music and the Musician fall under Dutch law.
11.4 Unless another judge is judiciary exclusively authorized, all conflicts with respect to this agreement between Fans4Music and the Musician will be presented for the authorized judge of the court Midden-Nederland, location Utrecht.
Fans4Music, Utrecht, 14 November 2017