Terms and Condition of Use
BuskerLabel services are accessible at the address www.buskerlabel.com, hosted by BuskerLabel Srl.
BuskerLabel is an online platform that offers Artists an online service to collect funds among its fans in order to produce and release a new album that will be listed in the BuskerLabel website under a Creative Commons license.
Please read these Terms and Conditions of Use carefully: By using BuskerLabel and by becoming a member of BuskerLabel, you commit to comply with them in all respects.
Definitions
CREATIVE COMMONS LICENSE designates the license available and described on the http://creativecommons.org site, and approved by Creative Commons.
USERS designates one or all of the persons, whose registration for the Services proposed by BuskerLabel has been validated and confirmed.
USER designates any person using the BuskerLabel service.
ARTIST designates a BuskerLabel User that is owner or the representative of an owner of copyrights and/or related rights in the Album.
ALBUM(S) designates the musical works owned by Artist and provided to Fans. The Album is composed by a set of audio track. Creative Commons license determines the exploitation means of each audio track.
FAN designates a BuskerLabel User participating to a Sponsoring Program.
SPONSORING PERIOD designates the collective fund rising service offered by BuskerLabel.
PROFILE designates the User's personal web page, which contains a number of information regarding the Users that shal be supplemented as needed.
ILLICIT CONTENT designates any content (text, voice, image, sound, etc.) of such a nature as to infringe on any recognized rights of third parties (whether they are natural persons, legal entities, groups or community) regardless of the applicable legislation. Any content that might infringe on literary or Artistic property rights or strictly personal rights, as well as any content that might constitute an apologia for war crimes, crimes against humanity and, more generally, any form of discrimination against one or more categories of persons is particularly deemed to be illicit content. If you wish to have access to and use the services offered by BuskerLabel you shal register and and be identified as a User. By checking the box "I have read the terms and conditions of BuskerLabel service, and I accept them", you acknowledge being informed of the content of these Terms and Conditions and you commit to comply therewith. In order to be properly registraed with BuskerLabel, you must fill out all of the mandatory spaces listed in the registration form. This registration allows you to have access to your Profile and to all BuskerLabel Services. The user name and password are strictly personal, and under no circumstance they can be shared with or communicated to third parties. This iuser name and password allows you to have access yo the Services offered by BuskerLabel, as well as to your Personal Profile. The items of identification are placed under the responsibility of each User, who must use them in accordance with these Terms and Conditions of Use. Each User guarantees BuskerLabel against any wrongful use of, and/or source of injury from, his items of identification, whether or not fraudulent, due to his own acts or omissions or to those of third parties. BuskerLabel will not , and does not have the technical means, tverify the identity of Users. BuskerLabel disclaims all liability in the event of usurpation of elements of Members' identification and/or identity. If a Member becomes aware of or suspects a fraudulent use of its identifications items, he must immediately inform BuskerLabel by sending an e-mail to contact@buskerlabel.com This agreement - together with all future updates, additional conditions and all the regulations of Policy referred to in this contract - together constitutes the "Agreement" between the Artist and the Fan and Busker Label Srl. The Artist shall accept the Agreement by checking the acceptance box placed on the BuskerLabel website. Such acceptance express his consent and his intention to be bound by the Agreement. The contract must be respected and accepted as it is, no changes, additions or deletions are allowed. The BuskerLabel model is inspired by Street Performer (Busker) that seek their audience in the street and offer their hat so that those that appreciate the music may put coins into it. The street performer plays his music for the entire community, but his performances are supported only by those that willingly put their money in the hat and this way get an exclusive bond with the Artist and receive public acknowledgement as a supporter for Artist and free music. BuskerLabel offers the Artist an online fundraising service from its Fans called "Sponsoring Period" and aims to release the new "Album" in Internet under a Creative Commons license. The Artist warrants to be the holder of all rights for his work and the application of Creative Commons license to his work in order to participate in the Sponsoring Period. The Artist authorizes BuskerLabel to release his Album online with Creative Commons License only at the end of the Sponsoring Period except for the promotional tracks that are to be released when the Artist begins the Sponsoring Period. Fans find albums currently in Sponsoring Period and chose one they intend to promote, sponsoring either with the minimum amount of Koins or with more. Fans can listen to a first song called "Promo Track" and when they decide to sponsor the Artist they will be allowd listen to all album tracks. As soon as the Sponsoring Period is concluded successfully the sponsoring fans have a premium access to the whole album, can download lossless audio formats and are publicly acknowledged as official supporters. BuskerLabel offers the Artist a technological instrument and the necessary community services to obtain an alternative funding, to capitalize and release his music to a world wide public in a high quality digital format. Busker Label offers Fans the possibility to help the Artist to accomplish his music and to release free music online for personal and non commercial purposes. The procedure for the money collecting (Sponsoring Period) has always a preestabilished deadline and sall be ended with the online releasing of the Album under Creative Commons license. During the the BuskerLabel Sponsoring Period the Artist shall not release through any exploitation means (i.e. cd, dvd, internet etc.) the music traks that are listed in the BuskerLabel web site.. The Artist, having chosen a Creative Commons License, remains the owner of his own work and therefore the owner fo all the rights that he will choose to keep under his control. The Artist, unless specific authorization from the competent authority and the approuval of Busker Label, must be of age. Busker Label has the right to deny any registration and gather useful information of the Artist. Busker Label has the right to supervise any information or material given by the Artist and to look into any apparent violation of the present Agreement and therefore adopt any initiative necessary for this reason. The Artist grant that his participation in the BuskerLabel project does not violate any exclusive contract he may have with a third party and relieves Busker Label from any responsibility towards third parties in case of license or rights violation related to the Artist's work released on Busker Label's website. The Artist shall provide to Busker Label truthful information and shall behave onestly and in good faith. In case of violation of the Agreement by the Artist's side, Busker Label has the right to render voide the Agreement and/or suspend the Sponsoring Period . The Artist's work is completely free from censorship or meddling by Busker Label that reserves it's right to render voide the Agreement with the Artist in the event that one ore more of the Artist music works infriinge the Policy Regulation and in the event works contain violent, racist, sexists, immoral or illegal tests or messages that can infringe the principles of freedom of expression of thought. Money transfer within the Busker Label web site is carried out through a virtual currency called "Koin" and it's conventional change is 1 euro per Koin. Koins may be purchased on the BuskerLabel through "PayPall" and will be located in Busker Label personal deposite. In any time during Agreement duratio the Fan is allowd to take bacck the Koins has not benne already spent. The Fan is allowd to ask the Koins back also in the event that at the time of the album's released he does not deem the quality of the Album satisfying. In this case the Fan can ask for the restitution of the minimum sponsorship share. That is, if the minimum share is 1 Koin and the fan had decided to sponsor with 4 Koins, he will only have the right to be refunded 1 Koin. The restitution of the money will take place at the end on a monthly bases and all the PayPall cost will be deducted from the amount will be given back. The use of Koins is regulated by the article 6. The Fan acknowledge that Busker Label, at its sole discretion, may or may not charge a fee for the right to use Koins. Regardless of terminology used, Koins represent a limited license right governed solely under the terms of this Agreement. You agree that Busker Label has the absolute right to manage, regulate, control, modify and/or eliminate such Currency in its sole discretion, in any general or specific case, and that Busker Label will have no liability to you based on its exercise of such right. The Album Sponsoring Period is carried out through an on line found raising among the Artist's fans.The Fans who partecipate in such found rising will become official supporter of the Album and will be granted exclusive benefits and contents.The Sponsoring Period has a pre-established duration and ends with the online release of the Album.At the end of the Sponsoring Period an amount not lower of the 80% of overall collected Koins will be transfer to the Artist. The residual amount will be kept by BuskerLabel as management and service delivery fee. The Artist agrees to include information relating to his public profile, such as biography, photographs, texts, and other useful information to promote the Artist in the Busker Label website. The Artist will not include in it's personal profile page of any kind of promotional listing (i.e banner etc). The Artist is not allowd to withdraw from the Sponsoring Period prior to the time agreed with Busker Label. In any evente the Sponsoring Period will not last less than six weeks. If the Artist decides to withdraw before the conclusion of the Sponsoring Period BuskerLabel, will withhold all the Koins raised for the Artist's Album and shall take care of the online released of the above mentioned Album under a Creative Commons license as established by the Artist. The Artist considers the amount of money collected (fee deducted) as a fair remuneration received from his Fans and due for the online release of the entire Album under a Creative Commons license. Before the beginning of the Sponsoring Period the Artist and BuskerLabel shall agree upon its time length . The Artist in order to participate in the Sponsoring Period must:1. Registration
2. Purpose of the Agreement
3. Limits to the application of the contract
4. Requirements for the Artist and his work
5. Rules governing the use of conventional money "Koin" used by Busker Label.
6. Album Sponsoring Period
7. Rights and obligations of the Artist and of the Fan during the Sponsoring Period
This Album must contain at least four songs in an uncompressed format (eg. wav) or a lossless compression (eg. flac). The album will be placed within the Artist's personal space provided by the platform BuskerLabel.
The Artist must indicate to BuskerLabel the promotional track (Promo Track) and another as a tribute song (Bonus Track).
The Promo Track will be released on the website at the beginsing of the Sponsoring Period and will be available to all the users. From that moment on the Fans will be able to evaluate the Artist's style and the quality of his music.
The streaming of all the Album tacks will be available to the Fan after their joining of the Sponsoring Period.
BuskerLabel , except the above mentioned streaming agrees not to publish the Artist tracks before the end of the Sponsoring Phase.
The Artist guarantees that all his album tracks, beside the promo track, have never been previously published or distributed via Internet, radio, television, DVD or compact disk or other means and that the he is the author of thework and the older of all its relatives rights.
In the event that BuskerLabel does not deem the Artist's songs suitable for publication, shall delete the songs from its websits communicating its decision to the Artist and interrupting their partnership.
After the uploading of the Artist's work on BuskerLabel ,the Artist has to communicate when he willing to start the Sponsorsing Period
The Artist establishes the economic minimum share of the sponsorship in Koins. Once the sponsoring has begun the amount of the share can not be changed.
The runtime of the Sponsoring Period is decided together by the Artist and BuskerLabel.
During the Sponsoring Period (the fundraising system in which the fan sponsors his Artist), the Artist is not allowed to distribute by any other means the unreleased tracks of the album sponsored in Busker Label (via internet, radio, television, CDs or other means) and should in no way compromise the outcome of the Sponsoring Period by distributing the music through out other systems (or instruments) then those provided by Busker Label.
The Artist will be, however, able to perform and play the songs from the unreleased album during live performances.
8. Rights and obligations of the Artist and the Fan at the conclusion of the Sponsoring Period
At the end of the Sponsoring Period Fans have the chance to evaluate the Album music and in the event they do not like the product they will have the chance, within five days from the end of the Sponsoring Period, to withdraw their sponsoring. This withdrawal is possible for the minimum share established by the Artist for the Sponsoring Period.
Once the sponsoring fan evaluation period is over BuskerLabel will pay to the Artist the predetermined amount of at least the 80% of the sum raised during the Spondsoring Period, deducted those that have been given back to the Fans.
At the end of the evaluation period, Busker Label realease the Album on its website with a Creative Commons license as agreed with the Artist.
9. Violation of the conditions.
If the Artist violates the stipulations of this contract and releases his sponsoring album (with the exception of Promo Track) or benefits concurrently from other web platforms for the dissemination of his works in violation of agreements with Busker Label the present agreement may be declared terminated and Busker Label may proceed as if in case of "withdrawal" before the conclusion of the Sponsoring Period
10. Responsibility
Busker Label will provide its services with proper care and diligence. Busker Label does not assume any other commitment or guarantee in relation to the Service and in particular does not guarantee that: the use of the site will be uninterrupted or error free including interruptions for maintenance; Busker Label can not guarantee that personal or Artistic material posted on this site or on the Busker Label server will be free from loss, corruption, harassment, viruses, interference, or intrusion into the system, which will constitute force majeure without any liability for Busker Label being the Artist's obligation to perform security backups for their own content and work.
Busker Label will make every reasonable effort to protect the information and content or material provided by the Artist; Busker Label is exempt from any responsibility for loss or dispersal of the Artist data.
11. Privacy
Entering into this contract involves the knowledge of the regulation at the Privacy Policy page.
12. Contract terms
BuskerLabel reserves the right at any time to update, revise, add, or in any way change the contract and impose new or additional provisions.
Changes of terms and conditions in the contract and other agreements shall be notified by email and published on the site.
Updates, revisions, additions, changes, if accepted, will have immediate effect and will be included in the Contract. Where the Artist refuses to accept the changes Busker Label will be entitled to terminate the contract and prevent the use of the Busker Label website.
Any contract amendments will be effective only after ending the Sponsorship Project. All changes are considered accepted, except for specific derogation, if no reasoned objection is opposed within 15 days from publication on the website. The Artist can terminate the contract after 15 days.
13. Law and Jurisdiction applicability and territory
This contract is governed by the Italian law.
Any disputes concerning the interpretation or application or performance of this contract will be resolved primarily through a amicable mutual formulation of a written proposal containing the terms for a conciliatory solution to the dispute. Each party will be entitled to a minimum period of thirty days to consider the conciliatory solution proposal formulated by the other.
In the absence of agreement, and having expired the time limit for the evaluation of the conciliatory solution proposal formulated, both parties may appeal to Busker Label's jurisditional Court.
The services provided by Busker Label are conducted and monitored by it's offices seated in Italy. The Artist agrees to comply with all laws, rules, statutes, ordinances and state and local regulations.
14. Contract withdrawal
The parties may terminate the agreement without notice or justification, within 15 days from the conclusion of the Contract, by mail or other electronic means.
15. Trademarks.
All trademarks on the Busker Label website including graphic signs and logos are property of Busker Label over which the Artist has no right or license.
16. Acceptance
I have read and understood the above and that the sponsorships made through Busker Label follow the above rules. In particular, the Fan will sponsor the albums according to the rules described above and the Artist, once decided to use the sponsorship Busker Label, will provide all necessary information as listed on the specific page.
