Terms and Conditions

Effective as of 30th of October 2024

Introduction

These terms and conditions ("Terms") apply to the use of the platform Musisum (hereinafter the "Platform"). The Platform includes the website www.musisum.com and any application that offers the Services now or in the future. The Platform is developed and owned by Musisum B.V.,(hereinafter "Musisum" or "we").

The Terms are applicable to the use of the Platform. The Terms are also applicable to any agreement or assignment related to the services provided by Musisum B.V. in connection to the services provided on the Platform.

Certain Services that the Platform uses now or in the future might require the applicability of addition terms and conditions specifically connected to these (additional services). If this is the case these terms and conditions will also be an integral part of the Terms.

Definitions

The following capitalized terms used in these Terms have the following meaning:

Account:
the Users' dedicated account and environment on the Platform;
Agreement:
the agreement between Musisum and the User, including the Terms;
Artist:
the registered artist on the Platform under an artist name. This may be the artist, his/her management team, booking agents, or any other professional acting under the artist's name to manage his/her platform and Account;
Artist Page:
the specific homepage on the Platform used by the Artist to promote the Artist's Music etc.
Content:
any messages, texts, (audio)visual material, pictures, comments, reviews, links, materials and all other content and information;
Fan:
the user (natural person) registered on the Platform as a fan;
GDPR:
General Data Protection Regulation
Parties:
the parties to the Agreement, i.e. Musisum and the User;
Registered User:
the registered User on Musisum's platforms, including Artists and Fans;
Services:
all functionalities made available to the Users of the Platform;
User:
a visitor to the Platform or a Registered User.

Rules and Conditions

We want to keep the Platform open and accessible for everyone. It is not allowed to use the Platform in an unlawful manner or to use the Platform in a way that infringes on the rights of third parties, for example the rights of musicians, composers or other (copyright or neighboring) rights holders etc. It is also not allowed to violate anyone's privacy, for example posting personal data without permission. Furthermore, the Platform may not be used to spam. By this we mean the posting of Content that, in our sole opinion, is only intended as spam.

Finally, it is not permitted to (attempt to) interrupt the use or operation of the Platform or otherwise hack into it or circumvent any security measures.

If the Platform is used in violation of these Terms, we may choose to act against it in any manner we deem appropriate. We always have the right, without further notice, to block (permanently) the use of an Account and/or access to the Platform and to remove Accounts and Content including files and/or links.

Certain features or Services offered by Musisum can be exclusively available on Musisum's Website and not on an application or on certain devices.

Furthermore there are specific terms that apply to the use of the Platform as Fan and as Artist. These can be found hereunder.

Personal Data

We care about the privacy of the people who use our Platform and our Services. In our Privacy Statement we explain how we handle personal data. This statement may change from time to time, for instance to comply with changes in regulations, changes in Services etc.

Specific rules may apply to certain services that require the Artist to provide personal data to the Platform. These rules are included below in the section regarding specific rules that apply for Artists.

Fan vs Artist

You can sign up as a Fan to connect with your favorite bands. When you register as a Fan on the Platform, you can follow your favourite artists or import your music preferences. This lets you access content published by your favourite artists, stay informed, and receive updates or messages from them. You can also receive promotions, and other benefits. Finally, you can also share content about your favorite Artists, like pictures, messages etc.

Artists, can create their own Artist Page. When you sign up as an Artist, you can set up your own special page. This page can be used as the Artist's official homepage. The Artist can also use the platform's Services to see how fans are engaging, get live insights, and more.

Sign Up

To join the Platform, you must sign up as a User. Registration is only possible if you are 18 years of age or older. If you haven't reached that age, you need your parents' permission.

When you sign up as an Artist, the Platform will ask for more information about the specific artist or band name you want to set up an Artist Page for. Musisum can in this process require further proof that the registering User is authorized to represent the artist/ band they are creating an Artist Page for.

By registering as a User, the User confirms and warrants that he/she:

  • has read, understood and agreed to the provisions of the Agreement
  • will not access or remain on the Platform fraudulently, or to hinder or alter its performance, in particular by introducing malignment code anything that may cause damage to the Platform, Musisum and/or any Users.
  • undertakes, when registering, to use and provide accurate information regarding his/her identity.
  • represents and warrants that he/she has reached the legal age of majority in his/her jurisdiction.
  • represents and warrants that all registration and account information submitted and/or made available is truthful and accurate and that it will be maintained and promptly updated to ensure its accuracy.

A Registered User is responsible for maintaining the confidentiality of the Account credentials – i.e. login and password – and shall be responsible and liable for any access to or use of the Services through their Account, whether the use or access is made directly by them or by any third party using the Users' credentials. A User shall immediately notify Musisum of any unauthorized use of his/her credentials or Account, or any other breach of security discovered through the use of the Services.

The Registered User is entirely responsible for (i) controlling the disclosure and use of the User's credentials and Account, and (ii) updating, maintaining and controlling access to the Users' credentials and Account. Musisum shall not be responsible or liable for any loss or damage arising from the User's failure to comply with the above.

Costs

Using the Platform as a Fan is Free. The Platform can offer certain specific paid services that are available to Fans.

The Platform also offers a free service for Artists. The creation of an Artist Page is included in this free use. The Platform can offer certain (paid) subscriptions for Artist that provide certain benefits to paid subscribers. Click on the https://musisum.com/boarding/subscription to learn more about the different subscription options.

The Services available on the Platform are subject to change. Certain offers may be available only during a specific timeframe, within certain territories, or for certain jurisdictions.

Promotions and Paid Services

For payments we make use of services of third-party payment providers for its payment processing services. The terms and conditions of these providers govern the use of their services.

Additional rules or terms may apply to certain promotions, paid content, features and other e-commerce services offered on the Platform. These rules and conditions may include rules and conditions of third parties. The User will be informed of the costs involved and the applicable rules before using such paid services.

Musisum is not responsible and has no liability whatsoever for any agreement with which goods or services may be obtained through third party service providers or other web sites or web pages. This includes for instance, agreements by which goods and services are provided by Artists to Fans. Musisum merely plays a facilitating role in bringing the parties to such an agreement together. No (purchase) agreement will be concluded between Musisum and the Fan or third party purchaser.

In certain cases, Users of the Platform that act in their capacity as consumers can have the right to withdraw from a purchase (herroepingsrecht) in accordance with applicable consumer protection laws. However, the right of withdrawal does not apply in certain cases, including but not limited to the supply of digital content if the User has expressly agreed to the immediate execution and waived their right of withdrawal. If the right of withdrawal is exercised within the applicable period, the User will be refunded the purchase amount. In cases where the right of withdrawal does not apply, the consumer will be informed before completing the purchase.

Content Rules

Before posting Content to the Platform, you must always carefully check that the Content is not subject to any intellectual property rights or other rights of third parties (such as copyright, related rights, personality rights, right to privacy, etc.). A User can only post content that the User does not own all the rights to if the User has obtained all the necessary rights, licenses, and waivers. This includes permission from the rightful owner or owner's permission for the specific use of the content. By posting Content on the Platform and/or providing Content to other Users such as Artist, a User represent and warrant that the User has obtained the consents, licenses, rights and consents necessary to use that Content on the Platform. The User expressly consents to the fact it is the User who is liable, and not Musisum.

Artists can make certain Content available on the Platform. The Users are granted a limited, revocable, personal, non-exclusive and non-transferable license to use the Artists' Content solely as enabled by the Platform's functionalities of the Services and in accordance with the terms and conditions of the Agreement. This license is limited to the use described above, and does not include the right to commercially exploit the Artist Content in any manner.

Fan Specific Rules

What Services are available to me as Fan?

The Services allow Fans to access certain features, functionality, information and services provided by Musisum and/or its affiliates, which may include the ability to follow their favorite artists on the Platform or import their musical preferences on the Platform, accessing content published by their favorite artists, staying informed and receiving updates or messages from their favorite artists, receive promotions etc.

What are the terms with regards to Fan Content?

The Platform may provide the Fan with the opportunity to submit, post, display or otherwise make available Content through the Services (hereinafter "Fan Content").

The Fan grants Musisum a worldwide, royalty-free, non-exclusive and transferable license to use the Fan Content for the purpose of allowing the use of the Services and for promotion of the Platform and its Services. Without limiting the foregoing, the Fan grants Musisum the right to sublicense to the Artists a non-exclusive and non-transferable license to use the Fan Content, including the right to access, reproduce, adapt and use the Fans Content on the Platform and by any and all media and means of distribution.

The Fan expressly authorizes Musisum to modify the Fan Content where necessary to comply with technical requirements of the Platform or other communication media as referred to above and/or to make them compatible with their technical performances or formats.

The Fan represents, warrants and that the Fan:

  • is authorized to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein;
  • will not submit, upload, post, displaying, transmit and/or making available Content that violates the Agreement, the rights of any other party or entity, any of your obligations, or any law, rule or regulation;
  • is and will continue to own all ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform the obligations under this Agreement.

Fan further represents and warrants that he/she owns and controls all intellectual property rights to the Fan Content including but not limited to text, photographs, videos, content and any other material published through his/her Account or made available through the use of the Services by the Fan or holds the necessary rights and authorizations from the rightful owner(s) of such rights to publish such content on the Platform and grant the rights granted to Musisum pursuant to this Agreement.

The Fan shall indemnify, defend and hold Musisum harmless from and against any claim or action brought by third parties, and all liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), relating to and/or arising out of or in connection with any alleged violation of such third party's intellectual property rights with respect to material published and/or otherwise made available by the Fan through the use of the Services.

Artist Specific Rules

What information is required to register as an Artist?

ln order to access and use certain content, features and functionality of the Services, Musisum may require certain information, cooperation with respect to its Platform and/or other platforms or social media providers. These requirement can change from time to time and can include:

  • connecting the Services to services of third parties, and or registering the Services to services of third parties whether on the Platform, or on a third party Platform;
  • Provide further confirmation of third parties such as venue or any other third parties to confirm finalize the process of registration on the Platform;
  • Provide Musisum on first request with certain additional information to further complete your Artist' Account, which may include: professional email address, , legal name, country of residence, location and payment details.
  • (if the person accessing the Account is not the artist himself /herself, and or acts on behalf of the artis or band) that the User is authorized by the artist of band to access the Account and act on behalf of the artist/ band with respect to the Services.

Musisum reserves the right to request additional verification that the User creating an Artist Page is authorized to act on behalf of the artist or band. This can be either at the process of first registering the Artist' Account, setting up the Artist Page, or at any moment when Musisum in its sole judgement deems the provision of further information necessary.

What rules apply to Musisum's services for Artists?

For Artists, we offer several services. An overview of the current Services can be found on https://musisum.com/app/dashboard. The services includes the Artist Page, fan management services, statistics and promotional services. Musisum is constantly improving its platform and services. In the future we may offer additional services for which separate services and/or teams can apply.

For the Artist Pages the following (additional) terms apply:

  • While we may provide suggestions and guidance for the Artist Page, the responsibility for completing, populating, and maintaining all Content on the Artist Page lies exclusively with the Artist.
  • The Artist bears full responsibility and liability for all aspects of its Artist Page and its contents.
  • We maintain and reserve the unconditional right to remove any Artist Page that fails to comply with our established conditions and requirements.
  • The statistical information displayed on your Artist Page is derived from a combination of statistical calculations and information obtained from various third-party sources, including but not limited to social media platforms, music distribution services such as Spotify, radio stations, and other data providers; consequently, no legal rights or claims can be derived from these statistics.
  • The User that registered as the (representative of the) Artist (hereinafter "Artist Admin") is as the primary user responsible for creating and maintaining the Artist Page. This Artist Admin has the capability to extend invitations to other band members and/or representatives and specify their respective roles and authorizations within the Platform; however the Artist Admin retains full responsibility for managing these invitations and the assignment of all roles and permissions. The Artist Admin agrees to indemnify and holds harmless Musisum against any claims from any party, including band-members and artist representatives with respect to any decision relating to the content of the Artist Page and the roles and permissions granted to other Users.

For statistics the following (additional) terms apply:

The statistics service provides an Artist access to a comprehensive dashboard. This dashboard contains information about: (i) Platform messages (e.g., message performance), (ii) Events (e.g., marketing data such as smart link ticket purchase clicks, landing page views for event promotion, etc.), (iii) Fans (e.g., the number of followers, general locations per country, main markets, etc.), and (iv) live streams (e.g., total views, session duration, viewer locations, etc.).

All statistics provided regarding your music usage are compiled through a combination of statistical calculations and information obtained from various third-party sources, including but not limited to social media platforms, music distribution services such as Spotify, radio stations, and other data providers; consequently, no legal rights or claims can be derived from these statistics.

For services related to smart links the following (additional) terms apply:

The smart link generates a short URL and QR code that you can use to promote your events across various platforms, including social media and printed materials. When Fans click the link or scan the QR code, they arrive at your branded landing page. You can customize this page to enable Fans to i) Follow you, ii) RSVP to events, II) Request shows in their area. Iv) Share their contact details with you.

The smart links are created with content provided by the Artis. The Artist is fully responsible for all content and aspects of their smart links, including their usage and any material linked to or displayed through them.

We reserve the right to remove any smart link that does not comply with our conditions, without prior notice

For services related to fan management the following (additional) terms apply:

The Platform enables you to distribute messages to fans, including Users who have explicitly opted to receive newsletters and other communications through our designated channels.

The Artist remains responsible for any communication send through the Platform.

While we may provide automated general suggestions and guidance for any interaction, the responsibility for completing, populating, and maintaining all content (including any personal data) lies exclusively with the Artist, with an ongoing obligation to ensure all information remains current and accurate.

For the services related to marketing and promotion the following (additional) terms apply:

  • While we may provide suggestions and guidance for your marketing campaigns, the responsibility for completing, populating, and maintaining all content lies exclusively with the Artist.
  • You bear full responsibility and liability for all aspects of your marketing campaigns and their contents.
  • We maintain and reserve the unconditional right to reject any campaign that fails to comply with our established conditions and requirements.
  • Marketing campaigns represent a commitment of effort and resources; however, we explicitly do not guarantee any specific outcomes or results.
  • The statistical information provided regarding campaign reach is derived from a combination of statistical calculations and information obtained from various third-party sources, including but not limited to social media platforms, music distribution services such as Spotify, radio stations, and other data providers; consequently, no legal rights or claims can be derived from these statistics.

For services related to providing airplay the following (additional) terms apply:

  • An Artist can use the airplay service to distribute the Artist's music to Musisum's affiliates platforms and other platforms or (online) radio stations;
  • With regards to airplay a distinction applies between aguaranteed airplay services, where we can contractually ensure music usage, and non-guaranteed airplay services, where we can only commit to making reasonable efforts to secure airplay. The latter is only applicable if this is specifically indicated in the offering of the airplay service.

Musisum is commitment to continuous improving and/or optimizing the Platform and the Services offered thereon. Consequently, Musisum reserves the right to modify, enhance, suspend, or remove certain Services or features as part of our ongoing development process.

Email Usage

The Platform provides the option to Artists to upload email addresses of fans and send email messages to these fans.

You may only use these services to send emails to individuals who have explicitly consented to receive such emails. It is thereby expressly not permitted to:

  • upload email addresses that have been obtained unlawfully;
  • send emails without a clear unsubscribe option;
  • provide misleading or incorrect information in the sent emails;
  • send emails containing illegal, offensive, threatening, defamatory, obscene, or otherwise inappropriate content;
  • use the Platform to send spam or unsolicited messages.

Every email sent through the Platform must clearly identify the Artist, include a functional email address for withdrawing consent or submitting complaints, and offer a straightforward method for unsubscribing from future emails.

Without prejudice to what is included hereunder regarding liability. You expressly agree that you are fully responsible and liable for:

  • the content of the sent emails;
  • the lawfulness of the use of the personal data you provided, including but not limited to any email addresses;
  • compliance with applicable laws and regulations, including but not limited to the GDPR and legislation regarding email marketing and spam.

You agree to indemnify the Platform against all claims from third parties, including but not limited to claims from email recipients and supervisory authorities, arising from or related to your use of the Email Service.

Privacy and Data Protection

For any services provided by the Platform that involve the processing of personal data in for or on behalf of the Artist (including but not limited to sending emails on behalf of the Artist) the Artists is considered to be the data controller as defined by the GDPR for all personal data processed. Because the Artist, and not the Museum, controls the purposes and means of data processing for these services, the Artist is considered the data controller under the GDPR for all personal data processed through the Platform.

As the data controller, you warrant that all personal data has been lawfully obtained, you have a valid legal basis (such as consent) for processing the personal data, data subjects have been properly informed about the processing of their personal data, and data subjects can exercise their rights under the GDPR.

The Platform serves as the data processor as defined by the GDPR for personal data processed through the aforementioned services. Before using these services you must enter into a separate data processing agreement with Musisum that regulates the processing of personal data by Musisum.

Statistics Usage

The availability of analytics through the statistics service depends on the Artist's Platform activities and the data provided and/or available to Musisum.

The provided statistics, including all intellectual proprietary rights and/or database rights, remain the property of Musisum. Apart from the limited license granted here, nothing in this Agreement transfers or affects Musisum's ownership rights to this content or any other Musisum materials, whether tangible or intangible, in any form and medium.

Under the terms of the Agreement, Musisum grants the Artist a limited, non-exclusive, non-transferable, non-sublicensable right and license to use specific information provided through the statistics service. This information includes analytics, statistics, reports and data about the Artist's Fan base, social media interaction and marketing, including live performance attendance, purchases and similar Fan- or Artist-related information. This information may only be used for promoting and marketing the Artist's live concerts, performances, events, tickets, audio-visual content and related products and services.

Fan Content Usage

Fans and non-registered users can have the option to send messages and (audio) visual material to the Artist. Musisum makes no representation regarding the ownership or license to any material provided to the Artist on the Platform. Any use of material provided to Artist on the Platform, including the use of any Fan Content is the sole responsibility of the Artist.

Artist Rights

The Artist represents and warrants that he/she owns and controls all intellectual property rights to its brands, tradenames and logos, trademarks, text, photographs, videos, content and any other material published by the Artist (hereinafter "Artist Content", through his/her Account or otherwise made available by the Artist through the Artist's use of the Services or holds the necessary rights and authorizations from the rightful owner(s) of such rights to publish such content on the Platform and grant the rights granted to Musisum pursuant to this Agreement.

The Artist grants Musisum a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable license to access, reproduce, distribute, display, publicly perform, adapt, modify, use and otherwise exploit the Artist Content on all media and means of distribution for the following purposes: (a) providing the Services, (b) promoting the Artist Content on the Platform, (c) promoting Musisum and its products and services, including as part of advertising campaigns and in marketing emails and newsletters sent by Musisum and (d) for Musisum's other business purposes, which may include the provision of such Artist Content to third parties for inclusion in such third parties' product and service offerings. Without limiting the foregoing, the Artist grants Musisum the right to sublicense to the Fans a non-exclusive and non-transferable license to use the Artist Content.

The Artist expressly authorizes Musisum to modify the Artist Content where necessary to comply with the graphic charter of the Platform or other communication media as referred to above and/or to make them compatible with their technical performances or formats.

The Artist is solely responsible for the Content published on his/her Account or otherwise using his/her account credentials.

The Artist also represents, warrants and covenants that:

  • he/she owns the Content published or is otherwise authorized to grant the rights, licenses and privileges described in this Agreement and to perform and comply with all of the requirements set forth herein;
  • his/her submission, uploading, posting, emailing, displaying, transmission and/or making available of the Content does not violate this Agreement, any rights of any other party or entity, any of his/her obligations, any law, rule or regulation.
  • he/she holds and shall continue to hold all ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform the obligations under this Agreement and shall pay for all royalties, fees, and any other monies owing to any person or entity by reason of the Content published on the Services.

The Artist is solely responsible for any use of material including any material provided to Artist through the Platform by Fans and/ or non-registered Users. Artist shall indemnify, defend and hold Musisum harmless from and against any claim or action brought by third parties, and all liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), relating to and/or arising out of or in connection with any alleged violation of such third party's intellectual property rights with respect to material obtained by using the Platform and /or published or otherwise made available by the Artist through the use of the Platform and the Services.

The Artist agrees to indemnify, defend and hold the Musisum Parties harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees), arising in any way out of or in connection with (a) his/her breach or violation of this Agreement or any applicable law, (b) any third party claims regarding his/her use of the Services, including the Manager/Analytics Services, and/or (b) his/her postings on the Platform.

Musisum reserves the right to temporarily or permanently deny or suspend access to certain services either in part or entirety until in its sole judgment conditions that are required according to Musisum, including but not limited to the provision of further information or the grant of consent of third parties has been fulfilled. Musisum will endeavour to first give prior notice and a reasonable time make the changes required. Musisum shall not be liable for any damages or losses arising from such denial or suspension of access to services.

Rights Reservation

All intellectual property rights to, for example, texts, logos look-and-feel, house style, etc., remain with us or with the relevant third parties from whom we have obtained certain rights. This also applies to word or image trademarks, trade names, logos and domain names and anything else communicated to Users via the Platform or otherwise. We reserve all rights not expressly granted.

The Platform may contain links to other websites that are not owned by us or beyond our control. We are never responsible for the availability or conduct of other websites or resources. A link on our site to an existing other website or resource never means that we endorse the conduct, content or policies of that website or resource. This also applies to Content on the site, the fact that Content may be found on our site does not mean that we endorse that Content.

Liability

The Musisum Platform acts solely as a (passive) platform on which Users can post Content. Musisum does not actively verify uploaded or posted Content, unless required by law. If there are possible infringements of third-party rights, these can be reported via abuse@musisum.com with i) a direct link to the content, ii) substantiation of the illegality, iii) Contact details of the reporter . Musisum will review these complaints within a reasonable time, aiming at 48 hours) and remove them if necessary "Content that falls under legal restrictions (e.g. quote, parody) will not be removed unless illegality is demonstrable." Musisum reserves the right to assess the validity of complaints for the legitimacy of the claim and to assess any exceptions to legal restrictions (e.g. quotation, parody etc.

The Platform is provided "as is". We cannot guarantee the availability of the Platform or the Services, the error-free nature of the Platform or the accuracy of the information on the Platform. Apart from mandatory legal provisions (e.g. for prohibition of liability for wilful intent or gross negligence) we therefore do not accept any liability. More specifically, Musisum accept no liability for Fan Content, Artist Content and or any of the opinions, views or advice given therein. We also accept no liability for the consequences of your choice to post Content on the Platform, nor for the consequences of the (temporary) unavailability of Content and/or your Account. Separately, we shall not be liable for any indirect or consequential damages, including loss of profits (suffered directly or indirectly), loss of goodwill or business reputation, or loss of data etc.

Musisum endeavours to maintain the security, availability and integrity of data transmissions on the Platform and Services. However, in view of the characteristics and limitations of the Internet, Musisum cannot be held responsible for any errors, interruptions, lack of availability or bugs on its Platform and/or through its Services.

Changes to Terms

Musisum may modify or adapt the provisions of the Agreement at any time, for example to take into consideration new Services offered on the Platform or to comply with new legal obligations. In the event of any material changes to the Agreement, notice will be provided to the User through the Platform or by email. If you do not agree to any material change, you have the right to terminate your account and/or subscription without charge.

By continuing their use of the Service and keeping their Account active after such notice of the new version of the Agreement, the registered User will be deemed to have accepted such new version.

General

If any provision of these Terms should be declared void or unenforceable for any reason, the remainder of the Terms and Conditions shall not be affected. All other provisions will remain in place.

This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by the Artist, but may be assigned or transferred by Musisum without restriction, notice or other obligation to the Artist.

This Agreement is exclusively governed by Dutch law. All disputes arising in connection with this Agreement or further agreements resulting therefrom shall be brought exclusively before the competent court in Amsterdam.