GENERAL TERMS AND CONDITIONS OF
“QUE NO PARE LA MÚSICA”
These General Conditions of Contract (hereinafter GCC) govern the procurement of services by the user Dalamix with SLU CIF: B-84143304 and registered office at Plaza San Cristobal nº 3 Local 1 28022 Madrid
The services offered by DALAMIX will be to act as an intermediary to obtain collective funding for musical projects operating through the Crowdfunding platform “Que no pare la música” (hereinafter QNPLM) and whose website is www.quenoparelamusica.com.
By accepting the present GCC of the services offered by DALAMIX, the user acknowledges being a person with sufficient capacity to contract, assuming all GCC terms and has read and understood everything stated here.
FIRST. – Utilization of Services
The services offered through QNPLM are directed exclusively to persons over 18 years of age.
For legal entities the user that creates an account in QNPLM through the website must prove the representation to act on behalf of society.
SECOND. – Users Registry
Access to the website is free and registration will not be necessary for the users who only view the content.
However, for the use of services offered through QNPLM it will be necessary for the user to previously create an account through the Registration Form that can be found on the website.
The data submitted by the user through his registration form must be accurate, current and truthful.
Otherwise the GCC will be considered broken and DALAMIX may immediately cancel the account created by the user.
DALAMIX reserves the right to require a registered user on the website to justify their identity by means it deems appropriate.
The user once registered shall be solely responsible at all times for protection of its password of its account, thus assuming any damages arising from its misuse, transfer, disclosure or loss.
THIRD. – Classes Users
Users may register at QNPLM through the website as “User Artist” or “User Fan”.
For the purposes of the present GCC, “User Artist” is the one whose project has been approved and published in QNPLM and “User Fan” is the one that desires to contribute economically to projects published by a “User Artist”.
FOURTH. – Presentation of Projects
For the publication of a project the “User Artist” shall propose it exclusively through their own account created on the website providing the following information:
- Name and description of the project.
- Minimum budget to be achieved by the project.
Without exception all submitted projects will have a maximum fundraising period of 40 calendar days.
The “User Artist” must also provide phonographic, audiovisual and / or photographic material related to the project that will only have as a purpose the initial evaluation by DALAMIX and in no way these items will be reproduced, distributed or publicly released without authorization from the “User Artist”.
The “User Artist” states that none of the contents of the project presented violate the intellectual property rights of others.
FIFTH. – Project Responsible
Regardless of the number of people involved in the project submitted through QNPLM it will always have a unique responsibility in regards to the rights and obligations of these GCC.
Unless indicated otherwise DALAMIX understands responsible for the project the natural person who created the account on the website as a “User Artist”.
SIXTH. – Approval of Projects
Submitting the project does not mean that it will be published on the website and shall be subject to the prior approval of DALAMIX according to their own criteria.
The “User Artist” may propose through the QNPLM website as many projects as desired.
In the case of a project being pre-selected, DALAMIX will contact the “User Artist” to establish the terms and conditions thereof (including compensatory measures offered to “User Fans”) and once appropriate agreements regarding the project are signed this will be considered as finally adopted and published on the website.
Prior to the signing of these agreements, DALAMIX reserves the right to cancel the pre-selected project without notice and for any reason.
The “User Artist” agrees not to propose or present the approved final project on QNPLM on any other participatory fund raising platform or any third party throughout the terms of the agreements referred to in this clause.
SEVENTH. – Ownership of the Project and Assignment of Rights
DALAMIX will not have any ownership or other rights over the project presented by the “User Artist”.
Should the project be finally approved, the responsible of the project will assign responsibility, exclusively and freely, for the territory of the whole world and these GCC, for the rights required by DALAMIX and its partners to supply their services in the form of Internet, mobile networks and any other current or future network of communication open to the public.
EIGHTH. – Promotion and advertising of Projects
The person responsible for the project will expressly authorize DALAMIX and its partners to support the project to ensure the promotion and advertising of it and to diffuse, along with the contents of the project, advertising, marketing and promotional messages related to the products and services of third parties.
Without limiting the foregoing DALAMIX and the “User Artist” may hold any kind of agreements and contracts as desired for commercial exploitation and transfer of rights over the product resulting from the project.
NINTH. – Project Funding
“ QUE NO PARE LA MUSICA “will charge a 5 % management commission on total obtained amount.
Once the project is approved, QNPLM will supply a bank account number, independent from other accounts where the “User Fan” may support the project only by making cash contributions through the payment gateway by means of transfers for the desired amount in order to receive rewards in exchange.
All monetary contributions made by the “User Fan” will be conducted through the Global Payments platform of La Caixa.
The effective charge of the amount of the contribution of the “User Fan ” will only be executed after the 40 day period established in the GCC, and only when the project reaches or exceeds 100% of the established funding target.
If the project exceeds 100% of the funding target, DALAMIX will transfer the raised funds to the bank account number provided by the “User Artist” previously discounting all the bank charges and commissions that the project may have had plus the VAT and the management commission.
THE “USER ARTIST” ACKNOWLEDGES THE LEGAL CONSEQUENCES OF THE ACCEPTANCE OF FUNDS OBTAINED THROUGH COLLECTIVE FINANCING OF THE PROJECT AND ASSUMES ANY AND ALL OF ITS FINANCIAL AND COMMERCIAL OBLIGATIONS IMPOSED BY LAW AND EXEMPTING DALAMIX FROM ANY RESPONSIBILITY.
The “User Artist” undertakes to use these funds for performing counterparts (rewards) offered to “User Fan” through QNPLM, being responsible from this moment on of any claim.
If the “User Artist” decides not to pursue the project once the funding stage is completed and having achieved the target established, DALAMIX agrees to fully reimburse the monetary contributions made by the “User Fans”.
In this case the “User Artist” shall be responsible for all fees generated by the payment gateway as well as all bank charges incurred by the return of amounts contributed by the “User Fans”.
In this case the claims of “User Fans” regarding the compensatory measures proposed by the “User Artist” will go directly to the “User Artist”, exempting DALAMIX of all and any responsibility.
If on the expiry of 40 days, the selected project does not get funding that exceeds 100% of the funding target established, the contribution by the “User Fan” will not be executed.
In the same line, if on the expiry of 40 days the selected project does not obtain funding that exceeds 100% of the funding target, neither in this case will QNPLM make any charge by means of fees or management commissions to the “User Artist”.
Whether the approved project reaches the objectives set (obtaining 100% or more of the funding target within 40 days) or it is unsuccessful, no charges such as fees or commissions will be applied to the “User Fan”.
At any time within the period of 40 days to obtain project financing, the “User Fan” may decide to cancel the contribution to the selected project. In this case, once notified of such cancellation to QNPLM through the website, the contribution will be immediately cancelled freeing the “User Fan” from any bank charges.
If the “User Artist”, having signed the contracts previously with DALAMIX, desists to continue the project before the period of 40 days begins or during the funding period, he shall respond to QNPLM for damages arising from the cancellation.
In case of withdrawal or cancellation of the project by the “User Artist” no amount will be charged to the “User Fans” that have made any kind of contribution.
TENTH. – Control of the Projects
In QNPLM no project will be selected for funding if it has any of the following characteristics:
- Xenophobic or racist.
- Illegal or harms public order or morality.
- Defamatory or libelous.
- Violent or threatening.
- Damage to private life and the image of third parties
- Harmful to intellectual property rights
In any case the “User Artist” is obliged to indemnify DALAMIX to any possible claim or penalty for the contents of the approved projects.
ELEVENTH. – Duration of GCC Terms
These GCC shall apply:
- From the moment the “User Fan” registers on the website to the closure of his account.
- From the moment the “User Artist” registers on the website until the account is closed. If a project proposed by the “User Artist” has been approved, these GCC shall apply throughout the term of the agreements with DALAMIX referred to the sixth clause hereof.
TWELFTH. – Amendments to General Conditions of Contract
DALAMIX reserves the right to modify anytime these GCC informing of these changes through the website.
In any case, DALAMIX will respect the conditions of the contracts with the Users prior to these changes.
THIRTEENTH. – Confidentiality and Data Protection
Any information or documentation that any of the parties gives to the other party in the running of this agreement shall be treated as confidential and exclusive and may not be communicated to third parties without the prior written consent. For these purposes, the parties undertake to treat as confidential the terms and conditions of the agreement; all information to which access is granted under this agreement either of technological, legal, commercial or of financial nature; or any other information that a party identifies as confidential to the other party.
Any other use different from what was requested, by both the parties involved in this agreement, such as managers, executives or labor personnel thereof, is prohibited, as well as dissemination, distribution or reproduction of any kind is penalized by law if it is intended for other use than that requested.
In the event that the application of this agreement is appropriate to create databases of personal information, both parties shall comply with the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data and its regulations of development.
FOURTEENTH. – Jurisdiction
This contract shall be governed by Spanish law.
Any disputes that may arise between the parties concerning the interpretation, performance or breach of this agreement are expressly subject to the knowledge of the Courts of the city of Madrid,
And in witness whereof, both parties signed in duplicate and one effect of this document, in the place and date indicated at the beginning.