YourMusicCompany

  • Make money as an investor or artist.

  • Vote for an artist to start the funding process and earn money by investing in an artist's project.

Terms and Conditions

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YOUR MUSIC COMPANY

Terms of Use

1. Your Acceptance

THIS WEBSITE IS OWNED AND OPERATED BY YOUR MUSIC COMPANY (the "Company”). BY USING AND/OR VISITING THIS WEBSITE ("Website”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use”) AND THE TERMS AND CONDITIONS OF THE WEBSITE’S PRIVACY POLICY, WHICH ARE PUBLISHED AT www.yourmusiccompany.com/homepage. If you do not agree to any of these terms, then please do not use the Website.

2. Who Is Your Music Company

The Company is a public participatory (more commonly known as ""crowdfunding"") record label, which offers third parties ("Investors”) the opportunity to invest in one or more full-length albums, singles or music videos (collectively, a ""Project""). YMC has filed with various U.S. states a disclosure document in the form of an Offering Memorandum for the offering of the Royalty Interests. That offering is exempt from registration with the U.S. Securities and Exchange Commission (the ""SEC"") under the Securities Act of 1933, as amended, by reason of Rule 504 of the SEC. The Company offers the Website as a platform where it will run, on behalf of certain users (""Artists""), campaigns to fund the recording, marketing and distribution of a Project by offering a Royalty Interest in the Project.

3. Use of Company’s Services

These Terms of Use apply to all users of the Website (""Users""). The Website may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. Investment Campaigns

A. The Website is a platform where the Company will run, on behalf of certain Artists, campaigns to fund the recording, marketing and distribution of a Project ("Campaign”). To be considered by Company for a potential Campaign, the Musician must: (i) create an Account; (ii) submit one or more original musical sound recordings or videos ("Sound Recordings”) and such other material requested by Company; and (iii) agree to the terms of the Recording Agreement Option Agreement. Company has the sole discretion to determine which Artists' Project will be the subject of a campaign. To be the subject of a Company run Campaign, a Musician must (i) have had its Project selected by the Company, and (ii) mutually agree with Company on the proposed budget for the Project (the "Funding Goal”). If a Musician's Project is not selected by the Company or if Musician does not agree with Company on the Funding Goal, the Musician's Project will not be the subject of a Company run Campaign. If a Musician's Project is entitled to be the subject of a Company run Campaign, the Musician's Sound Recording and other Campaign material shall be made available to Investors.
B. The Campaign must result in a total amount of investment commitments that are at least equal to the Fundraising Goal. Artists should not take any action in reliance on having their Project selected for inclusion in a Campaign or having a successful Campaign. There may be a delay between the end of a successful Campaign and the commencement of the recording process for Musician's Project.
C. To invest in a Campaign, an Investor must create an Account and agree to the terms of an Investor Agreement.

5. Website Access and Use

A. The Company hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted will be in compliance with all laws, regulations, ordinances, directives, court orders applicable to your use of the Website ; (ii) you will not copy or distribute any part of the Website in any medium without the Company’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use, including the terms and conditions of the Privacy Policy.
B. If you want to submit a Project in consideration for a Campaign or if you want to invest in a Project, you will have to create a member account ("Account”). You may never use another person's Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify the Company immediately of any breach of security or unauthorized use of your Account. Although the Company will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of the Company or others due to such unauthorized use. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
C. You agree not to use or launch any automated system, including without limitation, "robots,” "spiders,” "offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including Account names, from the Website, nor to use the communication systems provided by the Company through the Website without their express prior written consent.
You will not use this Website, or submit User Submissions (as defined below) that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iii) promotes, encourages or engages in child pornography or the exploitation of children; (iv) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (v) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another User or any other person or entity; (vii) violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity; (viii) interferes with the operation of this Website or the services found at this Website; (ix) contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or (x) contains false or deceptive language, or unsubstantiated or comparative claims, regarding you, another user Company or any Project. D. You agree to comply with all laws that may apply to your use of this Website. You also agree not to access or attempt to access the non-public areas of the Website.

6. Intellectual Property Rights

A. The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content”) and the trademarks, service marks and logos contained therein ("Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS-IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. As used herein, the term ""User Submission"" means the Sound Recordings and all material or content posted by a User on the Website.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Company and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name, voice or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Company and these Terms of Service. Except as otherwise provided for in the Recording Agreement Option Agreement, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Website, you hereby grant Company a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, display, publicly and digitally perform the User Submissions in connection with the Company and the Company’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to reproduce, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once Company removes the User Submission from the Website.
C. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. The Company reserves the right to remove User Submissions without prior notice. The Company will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The Company also reserves the right to decide whether User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
D. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VI) OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE, THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING OR ARISING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY OF THE WEBSITE'S CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (V) OTHERWISE RESULTING FROM YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL OR INFRINGING CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

9. Indemnity

You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

10. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13.

11. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

12. Termination

The Company may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. The Company may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability at any time in the Company’s sole discretion, without prejudice to any legal or equitable remedies available to the Company, for any reason or purpose, including, but not limited to, conduct that the Company believes violates these Terms of Use or other policies or guidelines posted on the Website or conduct which the Company believes is harmful to the Company, Website or others.

13. International Use

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. Policy for Making Claims of Copyright Infringement

If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work(s) claimed to have been infringed;
A description of the material on the Website that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Company’s designated Copyright Agent for notice of claims of copyright infringement is: Suzan KOÇ.

15. General

These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California or the United States District Court for the Central District of California. These Terms of Service, together with the Privacy Policy at www.yourmusiccompany.com/homepage and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. Acceptance of Terms of Use

By using the Website, you signify your agreement to the terms of this Terms of Use. If you do not agree to the terms in this Terms of Use, you must not use the Website. The Company may change the terms of this Terms of Use at any time, and your use of the Website after such changes are posted will mean that you accept them.

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