General Terms and Conditions
- Acceptance of Terms: ROCCR.com Limited (“ROCCR”) is an online service that facilitates music, theatre, dance, video fans (a “ROCCR”) contributing to a project for the artist or group, i.e. the recording costs of independent musician’s (the “Artist”) music and also (optionally) to contribute to a charity designated by the Artist (the “Charity”) (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 ROCCR’S shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. ROCCR may modify the terms of this agreement, in our sole discretion, by posting amended terms to the ROCCR.com website. Your continued use of the service indicates your acceptance of the amended agreement.
- Responsible Use / Code of Conduct: As a condition of participation in the Service you will not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by ROCCR. Further your use of the Service will be in conformity with the ROCCR Code of Conduct, which is incorporated by reference into this agreement. ROCCR may remove any content or account at any time for any reason at its sole discretion.
- Abuse: To report any abuse of the Service please use the contact form at: http://www.ROCCR.com/contact
- Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. ROCCR does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. ROCCR makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will ROCCR be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. Any funds generated for charitable or other causes promoted via any Content by the Artist may be used at the sole discretion of the Artist. You acknowledge that whilst ROCCR does pre-screen the content prior to publication on the site and takes reasonable measures to ensure authenticity, that the success of every project is out of ROCCR’s control.
Any funds given towards a project will be held and will only be sent to the nominated project bank account upon successful completion of a project raise. If the project should not compete the minimum raise the Artist desired, 100% of the donated money, not the fees added, will be refunded back to the customer/donator. ROCCR shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
- Trademark and Copyright: ROCCR Limited, ROCCR, ROCCR.com, the ROCCR logo, and other names, logos, icons and marks identifying ROCCR products and services are trademarks of ROCCR Limited and may not be used without the prior written approval of ROCCR Limited. All rights not expressly granted in this agreement are reserved.
Terms Applicable Crowdfunding Project Payments
- When making your chosen donation towards a project, you will be making a direct payment to your selected Artist/Project. Payment will be taken in full at the time and held securely (until the full donation amount is achieved) by the payment partner.
- A processing and administration fee will be charged, in the UK at 10% of your donation, to help ensure the project gets 100% of the funds you donate.
- Upon successful completion of the project raise, the money will be transferred directly to the nominated bank account for the project by the payment provider.
- Responsibility for fulfilling the Crowdfunding Campaign lies entirely with the Artist, and ROCCR’S make purchases entirely at their own risk. We do not represent that purchases will be used as described by an Artist and ROCCR will not be responsible for the failure by an Artist to meet any commitments in relation the Crowdfunding Campaign or for the misuse of funds by the Artist.
Terms Applicable to Non-Target Project Payments
- Any project not achieving its target will result in a 100% refund of the donated amount, less processing/administration costs (usually the 10% additionally charged at the point of payment) direct to the card that you paid with for security and anti-money laundering regulations and can take 3-4 days to process.
- As well as Crowdfunding Campaigns, you may pre-order or immediately purchase items ( Order ). The Artist’s Store Merchandise, which may be immediately purchased and some which can only be pre-ordered. Each Artist’s Store shall specify which Merchandise can be purchased immediately indicated by Buy or Order buttons and which needs to be pre-ordered indicated by Pre-Order buttons.
- Dispatch times for immediate purchase Merchandise without a Fulfilment Date may vary according to availability and no guarantees or representations are made as to delivery times.
- Termination: ROCCR may terminate or suspend any and all Services, and your ROCCR account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ROCCR account, you may simply discontinue using the Services or contact ROCCR through http://www.ROCCR.com/site/contact (all termination request will be completed within 30 days). All provisions of the General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
- Disclaimer of Warranties: You expressly agree that use of the services and/or any other content you download from ROCCR is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of files, software, services and/ or other content. The services and/or other content you download from roccr are provided on an “as is” basis. ROCCR expressly disclaims any and all warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. ROCCR makes no warranty that the software, services and/or any other content you download from roccr will meet your requirements, or that the software or service will be uninterrupted, timely, secure, or error free; nor does roccr make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
- Limitation of liability: in no event will ROCCR or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the service, even if ROCCR is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ROCCRS liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to roccr for the service, but in no case will ROCCR’S liability to you exceed £100. You acknowledge that if no sums are paid to roccr for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from ROCCR, regardless of the cause of action.
- Nothing in these terms will exclude or limit our liability for fraud, death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
- External Links: ROCCR may provide links to other websites or resources, however ROCCR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ROCCR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Indemnity: You agree to indemnify and hold ROCCR, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through ROCCR, your use of the Service or ROCCR, your conduct in connection with the Service or Roccr or with other users of the Service or ROCCR, or any violation of this Agreement, any law or the rights of any third party.
- Entire Agreement: This agreement constitutes the entire agreement between you and ROCCR regarding the use of the Service, superseding any prior agreements between you and ROCCR relating to the Service. The failure of ROCCR to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No variation to this agreement will be binding upon ROCCR unless it is made in writing and signed by a director or officer of ROCCR.
- Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with English law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. You waive any claim that any a legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.