Terms and Conditions
Welcome to soundeon.com (the “Site”) Terms and Conditions Page. This website is owned and operated by Soundeon OÜ, a company established under the laws of Estonia.
These Terms and Conditions constitute Soundeon OÜ legal agreement with you and apply to your access and use of our website and services and do not invalidate any other agreement or terms you may have with Soundeon, unless otherwise stated by Soundeon OÜ. Your breach of any of these terms and conditions automatically terminates your permission to use our website and services and any other legal agreement we have with you.
The terms “us”, “we”, and “our” refer to soundeon.com, Soundeon OÜ and the owner(s) of this website. A “visitor” is someone who merely browses this website. A “member” is someone who has registered with this website or to use our service(s). The term “user”, “you” and “your” collectively refers to either a visitor or a member.
The products, services, content, features, technologies and functions on our website are created to achieve our mission of bringing Artists and Fans together by presenting the fans a platform to engage, support and become part of their favourite artist’s success story.
WHO OUR SERVICES ARE DESIGNED FOR
Our services are design for individuals who are 16 years or older. Individuals under the age of 18 or limited legal capacity who wishes to make purchases on our website are required to confirm that they have full authority of their parents or guardian or that such purchase will be done out of money they are permitted to use.
CREATING YOUR USER PROFILE
In order to use our services you will be required to create your personal profile on the website (“Profile”).
We urge you to provide authentic information while creating your personal profile as false representation of details will be considered violation of this Agreement. Such violation will lead to suspension of your account or prohibited access to our services.
As member of soundeon.com you agree to
- Provide accurate and updated information about you on your profile;
- keep your password safe and confidential;
- keep access to your profile private;
- ensure there is no data breach on your device or on your network during data transmission;
- provide your digital signature and/or copy of your identification document for verification upon our request;
- be liable to all use and activities of your profile, including obligations to comply with all applicable laws and regulations as well as contents you create or use in connection with our services;
- provide additional information and documents necessary for SOUNDEON OÜ or its partners (such as CMOs, banks, artists, authors and copyright owners) to comply with regulatory or law requirements upon our request.
CONCERT TICKETS, DISCOUNTS & OTHER MERCHANDISE
You will be able to acquire merchandises related to your favourite artist through the website. Such merchandises included but not limited to videos, musical or video contents, promotion or discount codes, concert tickets, personal greetings or souvenirs e.t.c
All third party merchandises are subject to terms and conditions of the seller or organizer, kindly read such terms and conditions carefully before buying.
Merchandises are third party offers, Soundeon won’t be responsible for the content and delivery of such merchandises however, Soundeon remains your authorised representative and will communicate with parties involved to ensure all merchandises paid for are received.
Artists and third parties can decide on specific purpose they wish to spend the merchandise income on, for example, for concert planning or donations. In such case, Soundeon will bear no responsibility for such spending but will inform such decision to fans.
HOW IT WORKS
As a member of our platform you can acquire part of future royalties from copyright exploitation of musical works. We described how it works below.
Please note that our main goal is to bring the Fans and their favourite artist closer not a monetary source or income generation platform. Your funding amount should be out of likeness and support to an artist. There is no guarantee that every musical work will turn out a commercial success thus, we consider donations to be risky and should be done with caution. You hereby acknowledge that you will be solely responsible for the risk arising from such donation.
Soundeon and copyright owners are required to sign agreement. Upon signing the agreement and consideration of these agreements Soundeon will be entitled to receive all or partial royalties from the musical work copyright exploitation. The royalty will be from the copyright owner and/or from the Collective Management Organisations (“CMO”) in different countries. Royalty will be within a defined territory or all over the world.
The details of each copyright package which included all revenue sources will be provided in the project description on our website and may vary from each project. Such copyright package allows Soundeon to receive royalties on all or a defined number of sources of the copyright work earnings such as radio and TV broadcasts, online streaming, live performances, or from collaborated commercials.
In addition to royalties to be collected from the CMOs, the signed agreement will also allow Soundeon to sell synchronization and merchandise right of the musical works.
Your support is like a micro-loan given to Soundeon for the purchase of copyright package in our name. Once royalty payments are received from the copyright package, we will then distribute to you and other fans in proportion to each fan’s size of support. You will be updated on the status of your support as a fan.
You are entitled to receive only the amount generated from the copyright package as repayment of the loan and interest. All pay-outs to you will be final and considered as repayment of the loan and interest. The principal amount will be returned first followed by payment of interest.
Please note that interest rates are not fixed. Interest solely depend on profits made by each project and equals to difference between the royalties’ income Soundeon receives from the copyright package and the amount of the support. There’s a possibility that a supporter may not earn any interest.
Should the pay-outs be less than the principal amount of the loan) and/or will earn no interest, you waive all rights to claims against Soundeon or third parties in regards to outstanding portion of the principal amount of the loan nor interest, provided that Soundeon has not violated the terms explained above.
For example, if you donated 100 euros and royalties from the Copyright Package are 130 euros, then 100 euros will be repaid to you as return of the principal amount of loan and 30 euros as interest. If the royalties from the Copyright Package will be 80 euros, then you will get no interest and only 80 euros will be repaid to you as return of the principal amount of loan. As stated earlier, Soundeon will not pay fixed amount of interest or guaranteed you will get any interest at all neither will the principal amount of loan be repaid if pay-out is less than the principal amount. Soundeon will not be be liable to repay the full principle amount.
All donations will have a fixed period of time and may vary for different projects. A support slated for 2 years will only receive pay-outs generated from the copyright package within that duration of 2 years. Disbursement of pay-outs may take longer than the slated number of years if royalty collection cycle by the copyright owner or CMOs are longer. In such cases, fans will be presented an option to extend the term of such support upon payment of additional fee.
Each project and package will have a varying minimum and maximum amount of donation set up by Soundeon. Fans may be limited to one donation per project. All donation will be final without refunds or withdrawal.
Being a supporter does not give the fan any license to reproduce, sell, copy, perform, alter, broadcast or manipulate the musical work and/or copyright package in any way.
By supporting on any project you acknowledge that you have no right to and will not demand any royalties directly from other copyright owners, CMOs, artists, authors or any third parties.
There is a limited time stipulated for accepting donations for each project, the term will be disclosed together with all other information on the respective project. In relation to each project, Soundeon may set a minimum aggregate amount for the donations made by Fans. If the total amount of the donations is less than the targeted amount, then we shall have the right, but not the obligated to null the project, reject and return all donations to fans or alternatively to extend timeframe of the project so more Fans will be able to make their donations.
Soundeon, CMOs, authors, artists, copyright owners and other third parties are not liable for any reimbursement of non-profitable donation or complete/partial loss of support.
PAYMENTS AND PAY-OUTS
Your profile with soundeon.com will have a wallet. All payment and pay-outs will reflect on the wallet. All funds received will be shown on your wallet where you can withdraw to your bank account or make purchases.
Funds can only be withdrawn from your wallet to your bank account bearing the same name. Kindly ensure you provide correct information while registering a your profile as further verification may be required when adding a bank account.
All payments and pay-outs are in Euros (EUR). Please note that bank accounts that are not in Euros will attract additional charges and exchange fees from the bank or payment processing companies.
Your donation or other purchase on the Website are completed once the fee for the respective transaction has arrived our bank account.
Payments to Soundeon shall be done in Euros (EUR) through the credit card or bank wire transfer (if so provided). Payments not received within three (3) business days will have the purchase cancelled.
All payments made through bank link or credit card are collected and processed by Stripe.
APPLICABLE FEES AND TAXES
Soundeon charge a little amount of fee for its services. The fee will be automatically deducted from amounts which are transferred to or by you.
Unless categorically stated for a separate deal or project on our Website, Soundeon standard fees for Fans are as follows:
For money withdrawals to your bank account a fee of 1.3 Euros + VAT (which is Soundeon transaction fee) and up to 2.5% of the deposited amount (which is fee due to our payment processing company)
10% of the total fee paid from sale of any merchandise rights and synchronization.
It is the sole responsibility of Fans to declare and pay all taxes associated to donations and our services. You acknowlegde that Soundeon has the right , but not obligated to declare, retain or pay applicable taxes on your behalf. You hereby give Soundeon your consent to withdraw such Taxes before funds are shown in your wallet and/or paid-out to your bank account in cases where Soundeon are required by law to pay such taxes on your behalf.
Funds received from CMOs and third parties which may be subjected to taxation will require Soundeon to deduct and pay its own taxes from the funds as well.
DENIAL AND TERMINATION OF SERVICES
Soundeon reserves the right without an advance notice to suspend, limit or terminate your access to our website, including your Soundeon Profile if:
- you violate any of our terms;
- you commit any offense or has been rude to Soundeon, CMO, copyright owner, artist, author or another user of our services;
- your activities are disrupting or causing harm to our services or services of our third party services.
You agree to reimburse Soundeon for any expenses or costs, including consequential damages, we or anyone else arising from your breach of this Agreement.
Fans whole are terminated from using our services will also have their profile and donations terminated. Soundeon will not be obligated to pay back any donation or profit to such fan.
COMPANY NAME TRADEMARKS
The Company name, and all associated names, logos, product and service names, designs and slogans are trademarks of Soundeon OÜ or its affiliates or licensors. You must not use such marks without the prior written permission of Soundeon OÜ. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Conditions of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the E.U or other countries).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Soundeon or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Soundeon may at all times and without prior notice, make functional, procedural or technical changes or improvements to the Soundeon Profile, the Website or the platform. Soundeon is under no circumstances obliged to adjust or add any specific functionality to the Soundeon Profile, the Website or the platform.
YOUR PRIVACY AND DATA
LIMITATION OF LIABILITY
IN NO EVENT WILL SOUNDEON 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 OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR WEBSITE OR SERVICES, EVEN IF SOUNDEON IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOUNDEON’S 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 AS SERVICE CHARGE.
You agree to defend, indemnify and hold harmless Soundeon and our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use and access of the Website and/or the platform.
If any of the provisions of the Agreement proves to be void or voidable, or is or becomes invalid in full or in part for any other reason, the remaining provisions of the Agreement will continue to apply in full. We will replace the invalid stipulation by a stipulation that is valid and whose legal consequences, in view of the substance and purpose of the Agreement, correspond as much as possible to those of the invalid stipulation.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
We reserve the right, at our sole discretion, to make changes to the Agreement at any time. If a revision is material we will provide at least 14-days’ notice on the website prior to any new agreement taking effect. By using our platform after those revisions become effective, you agree with the amendments to the Agreement and you agree to be bound by the revised Agreement.
You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under the Agreement (including the Soundeon Profile) without our prior written consent. We reserve the right to transfer, assign or novate our rights and obligations arising from the Agreement (including the Soundeon Profile) or any right or obligation under this Agreement at and by entering into the Agreement you grant us your consent for that.
This Agreement shall be governed and construed in accordance with the laws of Estonia, without regard to any choice of laws or conflicts of law provisions. You agree that any lawsuit arising from or related to platform shall be brought exclusively to courts located in Estonia, and you consent to the exclusive jurisdiction of such courts.
In case of any questions or if you wish to submit a complaint, please contact us.
You can send your queries to us by email email@example.com. We will do our best to respond to your queries within a reasonable time.