• ROCCR Limited (“ROCCR”) is an online service that facilitates fans of the arts for music, theatre and art (a “ROCCR”) contributing to a project cost such as the recording costs of independent musician’s (the “Artist”) music (collectively, the “Service”). The Service is operated from the website www.ROCCR.com. The use of the ROCCR Service by an Artist to raise money from ROCCRS shall be referred to as a “Campaign”. These Supplemental Terms and Conditions govern the relationship between ROCCR and an Artist in relation to the Service.

  • Signing up: In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to ROCCR relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by ROCCR.

  • On sign up, we will collect various details about you, the Artist, the project, the ‘company’ or ‘group’ that the funds will support.  You will abide by our basic rules and these terms listed to operate fairly and transparently.   

  • On sign up, we will also collect details of the business, group or project and to link to your merchant account for the payment of funds directly to your project.  This will include your nominated bank details for the payment of funds raised along with any shareholders/directors of the group/artist.   This is for anti-money laundering regulations and ‘Know Your Customers’ requirements.  On set up of the account, you acknowledge ROCCR will administrate the project merchant account for you.  Payments will be made direct to this nominated account, less fees and any refunds, to that nominated account only.  No amount of the monies are held or taken by ROCCR to any of its bank accounts and has no means to touch or use any of the funds at any point and can only be sent direct to the Artists nominated bank account or back to the customer in the event of a refund. 

Payments:

  • ROCCR will charge a sign up fee for the administration and initial vetting.    A fee will be charged to the customer in addition to the money being made which will remain to support ROCCR in its administration of the projects on ROCCR.com and will be deducted before transmitting the proceeds of a Campaign (Crowdfunding or Store Front) to you. Our standard rate of commission begins at 10% of the gross amount of the Target in relation to Crowdfunding Campaigns and begins at 10% of each payment in relation to merchandise campaigns.

  • International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Campaign are not lower than agreed on account of payment processing costs.

  • Prior to having received any payment from ROCCR in relation to any Campaign, you may cancel the Campaign at any time (ROCCR shall be responsible for any refunds due to the ROCCR’s). However, if you have received payment from ROCCR in relation to a Campaign you wish to cancel you are solely responsible for any refund that may be due to ROCCRS up to the total amount received from ROCCR by you in relation to that Campaign.  Any refunds to the ROCCRS/supporters shall be 100% of the money made. E.g. A payment of £30, ROCCR administration and card processing fees of £3, monies to ROCCR in event of refund, £30.  Monies due to project on successful completion £30.

  • We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.  Funds will only be paid to the nominated account of the project from the merchant account directly.

In relation to Crowdfunding Campaigns:

  • The Artist shall receive 60% of the funds raised, within 28 days following the later of:

  • The Campaign reaching its ROCCR Target and project closure;

  • The Artist making available for public consumption the project to which the Campaign and pledges relate.

  • The remaining balance due to the Artist ( Retained Funds ) shall be paid to the Artist upon the Artist’s successful completion of the project i.e. upload of the digital core component to be released to the ROCCR’s. In the event that there is no core digital content to be released by the Artist, the Retained Funds shall be transferred to the Artists linked bank account in accordance with a pre-determined schedule agreed by both ROCCR.com and the Artist.

  • Once the project has completed, it moves to a completed state. The funds will be sent directly to the nominated campaign bank account directly from the merchant account, after a 14 day ‘cooling off period’ and then usually within 7 days but no later than 14 days after the cooling period.

  • During sign up, the Artist and ROCCR will agree together on which services providers are suitable for the Artists Campaign requirements, and ROCCR may help identify and support the artist with these service providers for the Artists requirements. If ROCCR has reason to believe that Artist will not complete their Campaign obligations ROCCR may cease the project for the Artist, and require that the Artist enter into discussions with ROCCR to address ROCCR.com’s concerns regarding the completion of the campaign obligations. If the Artist and the team at ROCCR.com are unable to reach a satisfactory agreement regarding the outstanding campaign obligations of the Artist ROCCR.com may terminate the Campaign and refund monies to the supporters, the ‘ROCCR’s’ who have purchased to support the Campaign in proportion to the amounts remaining in the account for the Campaign.  No interest payment can be made in relation to any accrued during the Campaign.

  • In relation to Merchandise purchases:

  • The Artist shall receive 100% of the proceeds, less costs, of each Merchandise sale, within 10 to 14 days of the purchase or no later than 10-14 days following the end of the month.

  • Withdrawal before ROCCR Campaign Target: Artists may at any time before reaching their Pledge Target, but always on 30 days notice, withdraw from the Service and terminate their Campaign by contacting ROCCR here: http://www.ROCCR.com/site/contact  and providing details of their reasons.

  • Withdrawal after ROCCR Campaign Target: Artists who have reached their Campaign Target are committed to completing the project in full to deliver the ‘rewards’ as purchased by the fans.  If for any reason this is not possible the Artist must immediately inform ROCCR of this fact, and cooperate fully and in the utmost of good faith with ROCCR to address this situation in a way that is consistent with the interests of ROCCR, the Artist, and involved ROCCR’s.

  • Disbursement of raised monies: Monies collected by ROCCR website via a dedicated merchant account for the Artist for a Campaign will be held on account for the Artist by the merchant, not by ROCCR.   

  • The Artist and ROCCR may together, if relevant and required to support a new project, on which services providers are suitable for the Artists Campaign requirements, and ROCCR shall contract directly with these service providers for the Artists requirements. If ROCCR has reason to believe that Artist will not complete their Campaign obligations ROCCR may cease to disburse funds for the Artist, and require that the Artist enter into discussions with ROCCR to address ROCCR’s concerns regarding the completion of the campaign obligations. If the Artist and ROCCR are unable to reach a satisfactory agreement regarding the outstanding campaign obligations of the Artist ROCCR may terminate the Campaign and refund monies to ROCCRS of the Campaign in proportion to the amounts remaining in the account for the Campaign.
  • ChargeBacks and Refunds: If, for any reason, ROCCR is required to refund monies to ROCCR’s of a Campaign, the Artist will, if any monies are paid to the project account, refund the ROCCRS/suppoorter
  • Intellectual Property: Artist shall fully own all the intellectual property to all publishings and recordings they create through or result from their Campaign. Artist grants to ROCCR a non-exclusive, worldwide, royalty free license to reproduce, digitally distribute, and publicly perform the recordings (as well as any underlying musical compositions) created or contributed by the Artist as part of the Campaign via any means developed, owned, or controlled by ROCCR or its partners solely for the purposes of promoting the Artist’s Campaign or ROCCR. Artist also grants to ROCCR a non-exclusive, worldwide license to (i) to reproduce, display and distribute any artwork, photographs supplied by the Artist, liner notes, metadata, track data lyrics and editorial content relating to the recordings, and (ii) to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, and songwriter featured on a recording, in connection with promoting the Artist’s Campaign or ROCCR. Notwithstanding the foregoing, Artist acknowledges and agrees that ROCCR’s business model may involve free promotional downloads and/or streams of recordings.

  • Representations, Warranties and Indemnities: Artist hereby warrants and represents that: (i) It has the right and power to enter into and fully perform all of its obligations under this Agreement; (ii) It has the authority and right to provide ROCCR with the rights granted herein; (iii) ROCCR’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world; (iv) Neither the recordings, nor any other content provided to ROCCR by the Artist violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) The recordings do not include any unlicensed samples or interpolations, Artist shall have the sole responsibility to ensure, as necessary, that all recordings are fully licensed; (vi) No agreement of any kind entered into by Artist does or will interfere in any manner with ROCCR’s complete performance of this Agreement, or with the rights granted to ROCCR herein; and (vii) ROCCR shall not be required to make any payments to third parties in connection with exploitation of the Masters, Controlled Compositions or Content hereunder. Artist will defend, indemnify, and hold harmless ROCCR, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of Licensor’s representations, warranties, covenants, or obligations.

  • Tax or other financial obligations: Artist will be fully responsible for any taxation or other financial obligations arising out of its participation in the service.

Code of Conduct

  • Principles: ROCCR Limited (“ROCCR.com”) is an online service that facilitates music, theatre and art fans (a “ROCCR”) contributing to a specific project cost e.g. the recording costs of independent musicians (the “Artist”) music and also (optionally) to contribute to a charity designated by the Artist (the “Charity”) (collectively, the “Service”). In order to facilitate this we require that all users of the Service abide by this Code of Conduct. ROCCR.com may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the ROCCR.com website. Your continued use of the Service indicates your acceptance of the amendments.

When using the Service activities that are not permitted include, but are in no way limited to, the following:

  • to act in an abusing or threatening way;
    • to intimidate or impersonate anyone;
    • any illegal acts;
    • any infringement of intellectual property rights;
    • any commercial activities not approved in writing by ROCCR
    • You will not to post, email, or otherwise make available Content:
    • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
    • that is pornographic;
    • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    • that impersonates any person or entity, including, but not limited to, a ROCCR employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
    • that includes personal or identifying information about another person without that person’s explicit consent;
    • that is false, deceptive, misleading, or deceitful;
    • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
    • that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
    • that constitutes or contains any form of advertising or solicitation;
    • that includes links to commercial services or web sites;
    • that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
    • that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
    • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

You agree not to:

  • contact anyone who has asked not to be contacted;
    • “stalk” or otherwise harass anyone;
    • collect personal data about other users for commercial or unlawful purposes;
    • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by ROCCR;
    • post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    • attempt to gain unauthorized access to ROCCR’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or ROCCR website; or
    • use any form of automated device or computer program that enables the submission of postings on ROCCR without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”