Terms of Use · MusoMind

MusoMind / Terms of Use

MusoMind is a platform that enables fans to support their favorite musicians and bands, directly and on a regular basis.

The following are our terms of use. Two of our core values in MusoMind are clarity and transparency, which is why we attempted to make these terms as clear and understandable as possible for our users, both fans and artists. Above every section we'll provide you with a summary of the most important parts, but these summaries are not legally binding, so please read the full terms or contact us if you have any questions.

Welcome to MusoMind!

Summary: By using MusoMind you agree to these terms of use.

These are the MusoMind terms of use, and they apply to all users of the MusoMind platform. "We", "our" or "us" refers, collectively and individually to the company running this platform, named at present Mellono UG and in the future MusoMind UG or MusoMind GmbH once such companies are registered, as well as any of our subsidiaries."MusoMind" or "the platform" refers to this platform in any of its forms (including websites, mobile or desktop applications, APIs, notifications and communications) and the services offered by us. 

By using MusoMind you agree to these terms and to our Privacy Policy and Cookies Policy. Please read them carefully and let us know if you have any questions. We can collect and use your information in accordance with our policies.

Your account

Summary: You must be at least 13 years old to register for an account. You are responsible for your account.

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes. Your MusoMind account represents you as a natural person and can only be used by you.

To create an account you must be at least 13 years old. To create an artist profile you must be at least 16 years old or have your parent's permission.

As a user in MusoMind, it is your responsibility to prevent unauthorized access to your account and information by choosing a strong and unique password. Do not share your password with anyone else. If you choose to store your password, you must do so in a password manager that uses a strong data encryption and is accessible only to you.

Please contact us immediately if you believe your account or password have been compromised or you encountered any other security related issue. 

Fans

Summary: All registered MusoMind users, including ones that operate an artist profile, are fans. As a fan you are able to support an artist with a regular monthly amount, modify a support or stop it at any time. 

To become a fan simply sign-up and create an account.

 

Fan profile

Your fan profile is created automatically with your account. It displays primarily your public details such as name and profile image, as well as a list of your supported artists and your support message. It will not publicly display support amounts. You can edit your fan details at any time from the edit page. 

Supports, payments and fees

To support an artist simply click "Support this artist" button on the artist's profile. You'll be able to choose the recurring amount you'd like the artist to receive. You will need to add your preferred payment method (Paypal or credit card via Stripe). 

Support payments are recurring on a monthly basis, on or close to the day of the month in which the support began. When you are creating or modifying a support, you are authorizing us and our payment processors to collect money from your account on a regular basis, as long as you do not stop your support.

In addition to the net support amount we will charge your payment method with platform fees (15%) plus VAT and payment processing fee in the amount of $0.05 + 12% of the gross total. For instance, for the minimal monthly support amount of $1.00 you will be paying approximately $1.39 per month. Exact surcharges will be visible to you in the artist support form before you confirm your support. If recurring surcharges change (for instance due to a change in VAT rates) we will let you know in prior by email. 

Payment processing fees are fixed by us and are not related to any chosen payment method.

You can modify or terminate your future support at any time from your fan dashboard, however, support payments that were already charged (whether first or recurring) are non-revokable and non-refundable. 

 

Further support options

You may add, edit or remove a support message to each of your supported artists from the support page. This message is visible publicly.

You may also opt in to share your personal contact information, such as email and location, with the artist for the sole purpose of receiving more news and offers from the artist.

By updating an existing support to a different amount, we will update the payments processor with the chosen new amount for future payments. Note that this update may take up to 10 days to process on Paypal, so your next coming payment might still bear the current support amount.

No exchange

When you support an artist on MusoMind you are not purchasing any product or service from them. Supports are made on a purely voluntary basis. No rewards, perks, prizes, exclusive content or any other goods will be offered or provided to you in exchange for your support.

 

Artists

Summary: An artist is a user who creates an artist profile on MusoMind. They may be supported by their fans on a direct and regular manner. MusoMind will manage the payment and payout processes for you.

Artist profile

To become an artist simply sign-up as an artist or create an artist profile from your fan account. You will need to verify your email address and payout account in order to receive support from fans. Your artist page displays primarily your basic artist details, profile and banner images, your chosen releases and a list of your active fans. It will not publicly display support amounts. You can edit your artist profile at any time from the artist profile edit page.

 

No exchange

MusoMind is not a traditional crowdfunding platform or a shop. Supports are not sales and fans are supporting you on a purely voluntary basis. Do not offer or provide any rewards, perks, prizes, exclusive content or any other goods, products or services in exchange for support, on or off the platform.

Supports & Payments

As an artist you agree to receive financial support from any Fan who chooses to support you on the platform, in accordance with these terms.

Once your artist page is published and your account is verified, fans will be able to support you by choosing a recurring amount that you'll receive. Their chosen payment method will be billed on a regular basis. Once they confirm a support, the chosen amount is then added to your balance and billed on a recurring monthly basis. We provide them with a user interface for creating, modifying or terminating their support. A fan may choose to modify or completely terminate their support at any time.

Payouts

Once your due balance has reached its minimum threshold ($25 by default), we will transfer it to your verified payout account within the next 30 days. Note that a payment processing fee may incur on the payout transaction. Normal Paypal and Stripe fees are 2.9% + $0.30 per transaction, however this may change between countries, currencies or at the payout processor's discretion.

All net support amounts displayed on platform are before any payout processing fees.

Fees

We do not charge any fees from your balance. Fees are surcharged on fan payments on top of their chosen support amounts.

Tax

You are solely liable for any taxes that may incur on the payout amounts you receive from us, in accordance with the tax laws in your country.

MusoMind does not charge VAT or other added taxes from fans for the net artist support share of their payment.

Fan information

In addition to support data (such as monthly amount), fans may also choose to share data such as personal contact and location information with you. You are responsible for keeping any fan information that you receive safe. You agree to receive this information and to comply with our Data Processing Agreement.

Artist dashboard

All your support data, reports and history are available in your artist dashboard.

Content

Summary: When you share any content on MusoMind you give us the permission to use it and make it publicly available. Your content needs to comply with our terms and you must have the legal right to share it. 

Content includes anything you upload, post, embed or otherwise share on MusoMind (collectively "share") for the purpose of making it publicly available or accessible to other users. Types of content include but are not limited to music, audio, videos, images, artwork, lyrics and texts.

You are responsible for any content you share, whether it is shared directly to our platform or embedded from third party platforms. Don't share contents from third parties that you are not in full control of.

Public availability

Contents you share on MusoMind will be publicly and freely accessible by anyone who uses the platform. Users are not required to be registered, logged in, become supporting fans or otherwise perform any payment or service in order to access your content. Only share content that you'd like to make publicly available. 

Disallowed contents

Do not share any content that violates our policies. Contents that we don't allow:

  • Illegal contents.
  • Contents that use others' intellectual property, unless you have a written permission or license to use it for the purposes outlined in these terms from its legal owner, or your use is protected by fair use. 
  • Contents that are abusive towards other people or animals, including harassment, bullying, threatening or glorifying violence.
  • Contents that are hateful, disrespectful or calling for violence towards others based on race, sex, gender, species, national origin, minority, sexual orientation, age, disability or serious medical conditions (collectively "hate speech").
  • Contents with real people engaging in sexual acts.
  • Contents that offer any form of goods or services in exchange for support.
  • Contents that involve raffles or prizes based on chance.
  • Contents which distribute unsolicited advertisement or are spammy in nature.
  • Contents that include your or other peoples' personal or financial information, such as physical addresses, email addresses, phone numbers, bank account, Paypal account or credit card details.

You may not share contents that infringe others' intellectual property or proprietary rights.

Don't create fake pages or collect support for contents that you didn't actually make or have the license or written permission to collect support for. 

Don't pretend to be or impersonate other artists. Don't use the brand, trademark, logo, works or any other content of another artist to deceive others. We are aware that some artists may share the same name, so we will examine these cases by context and in conjunction with the other contents shared.

Don't use MusoMind as a prank or to get support for any non-musical activity.

If you believe that you encountered a content which is in violation of our terms, you may report it to us.

License 

We will not have any ownership rights in any elements of your content, however by sharing your content on MusoMind you grant us and our authorized sublicensees and distributors, if any, the non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, worldwide license to:

  • Store, transcode, copy, reproduce, distribute, playback, stream, publicly perform (including via embedding from third parties, on a through-to-the-audience basis and by means of a digital audio transmission), publicly display, create derivate works of, communicate to the public, synchronize and otherwise exploit (collectively "exploit") the shared content, using any technologies or methodologies now known or hereafter developed, for the purposes of operating the platform, promoting it or promoting your profile.
  • Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notation, album cover artwork, photographs, graphics, and descriptive text in connection with the shared content.
  • Allow our users to receive public performances and public displays of your shared content on any and all devices.
  • Reproduce, use, publish, and to permit others to reproduce, use and publish, your name(s), trademarks, logos, likenesses, and personal and biographical materials, in connection with the operation and promotion of the platform or your profile.

Miscellaneous

Your account is tied to your creative output and cannot be sold or transferred for use by another artist.

You may not use content posted by other artists in any way that was not authorized by the artist.

The decision whether a content violates our terms, as well as the action taken against such violations are at our sole discretion. We may remove, modify or suspend contents which are in violation of our terms without prior notice.

 

Abusive conduct

Summary: Be responsible and don't violate our policies.

You are responsible for all activity on your account. Violation of our terms or policies may lead to a suspension, restriction or complete termination of your account.

Here is a summary of activities that are considered abusive and are not allowed:

  • Anything illegal, abusive towards others, or that abuses the platform in a technical way.
  • Using the platform to host or distribute malicious or destructive software.
  • Degrading other's use of MusoMind or performing any kind of brute force actions or load testing.
  • Data mining, crawling, scraping or otherwise indexing information on MusoMind. 
  • Reverse engineering or attempting to access our code in any manner.
  • Attempting to attack or hack our platform or compromise its security.

 These terms cover most security issues, however if you find a new and creative way to harm MusoMind or our community we may take action to prevent it, including terminating your account.

If you believe that you have encountered a security breach, please report it to us immediately using our contact form.

Account And Profile Termination

Summary: You can terminate your account or artist profile by contacting us. We may terminate, suspend or restrict your account at our discretion.

To terminate your account or artist profile, please contact us. Please allow up to 30 days for your account to be terminated.

Upon account termination, your fan profile will no longer be publicly available, your supports will terminate immediately and any payment method tokens will be removed. 

If your account is associated with an artist profile or you request the removal of the profile, the profile will become inactive and will no longer be publicly available. However, certain details such as user ids, artist basic details and support history will remain in our records and be visible to related artists and fans. You can learn more about which details will persist after an account's termination in our Privacy Policy.

We may terminate, suspend or restrict your account, another person's account or a support at any time at our sole discretion and without prior notice. You may not bring a claim against us for doing so, and you agree you will not bring such a claim, whether or not that action denies you income or causes you any financial losses. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have a MusoMind account.

MusoMind's intellectual property

Summary: You can use our copyrights or trademarks to promote your MusoMind profile, but you can't use them for anything else without our permission.

Our platform's proprietary content and brand are protected by copyright, trademark and trade secret laws. Some examples of our proprietary content are the texts on the platform, our logo and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your MusoMind profile. You can learn more about the correct use of our logo in our Brand Guidelines.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our proprietary content unless we give you permission in writing. Contact us if you have any questions.

Indemnity

Summary: If we are sued because of your use of or your conduct on MusoMind, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of MusoMind. We reserve the right to exclusive control over the defence of a claim by this clause. If we use this right then you will help us in our defence.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Warranty Disclaimer

Summary: We do our best to make sure MusoMind works as expected, but we can't guarantee it in 100%.

MusoMind is provided "as-is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of Liability

Summary: If you lose money as a result of using MusoMind, any payment to you is limited to the amount of money we have earned through your use of MusoMind.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of MusoMind. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of MusoMind. We are specifically not liable for any loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

Disputes and Governing Law

Summary: If you have a problem then please talk to us first. Any disputes with us must be resolved under the laws and in a court of law in Berlin, Germany.

If you have an issue with us or our platform, we encourage you to contact us first and try to resolve it with us directly. If a dispute does arise out of these terms or related to your use of the platform and it cannot be resolved after you talked to us, then any resolution of the dispute must be held in a court of law located in Berlin, Germany and under the governing laws and jurisdiction of the state of Berlin, Germany. 

Miscellaneous

Summary: These terms and referenced policies the agreement between you and us. We will let you know in case we make changes to it that affect you.

These terms and its associated policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may take an active role in searching, investigating and taking action against violations of these terms, on or off the platform.

We may from time to time make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use the the platform after a change means you accept the new terms and policies.

If you have any questions or concerns, please contact us before going further using our contact form.

 

These terms were last updated on August 10th, 2020 and are effective immediately.