Terms of Service and Conditions

TERMS AND CONDITIONS

Last updated: September 23, 2018

 

Welcome to MixtapeMall.com

Mixtape Mall is a marketplace website for services offered by its users.

These Terms and Conditions are a legally binding agreement ( “Agreement” or “Terms”) between You either an individual, group or entity ( the “User”, “You”, or “Your” ) and ( “Company”, “We”, “Us” or “Our” ) a company operating in accordance with the Laws of The United States of America, www.MixtapeMall.com (hereinafter referred to as “ Mixtape Mall”, “Platform”, “Website” or “Site”) .

By using the Platform, you accept and agree to all the terms of this Agreement, Privacy Policy, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time.

This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Definitions

Unless explicitly stated otherwise, any reference to the following terms in the Agreement will have the following meaning:

“Buyer/Client”- refers to a registered User who purchases a music service, hire through the Platform. “Seller/Artist” – refers to a registered Users who creates and offers music services for sale to

prospective Buyer/Client or other users through the Platform.

“Seller’s Profile” – refers to a professional profile of the Seller on Mixtape Mall with samples of such Seller’s copyrighted work showcased on the Platform.

“Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any music services through the Platform, including the ability to communicate with other Users, rate and review their experiences.

“Platform fees” – refers to the commission fees payable by the Sellers for sessions and additional services sold through the Platform.

“Transaction Fees” – refers to any transaction fees billed by us using PayPal or any other payment methods.

“Order” or “Sale Agreement” – refers to the agreement between the Buyer and the Seller whereby the Buyer agrees to buy / commissions a session “service” from the Seller and the Seller agrees to create and deliver the agreed upon deliverable to the Buyer through the Platform at stated order price.

“Order Deliverables” – refers to the specific work (singles, units, songs, audio files, album) agreed upon and delivered by the Seller to the Buyer including but not limited to composition, melody-making, copyists, or practicing any skills, craft, techniques, sounds, chords, solos for the buyer to use anywhere for him/her to sell it in a downloadable format as included in the basic session price. The price you suggest to sell for means that WFH {Work for Hire} price. The basic session fee does not include the license for Full Broadcast (Buyout) which should be acquired by the Buyer from the Seller in addition to the basic license. All order deliverables should be in the agreed file format and in accordance with the order specifications.

“Sessions” or “Music Services” – refers to any music creation service as offered, listed, requested and ordered on Freelance basis by Users through the Platform.

“Service” – refers collectively to any sessions, extras, sold or purchased by Users through the Platform and includes the use of Platform Services.

“User”, “You” or “Your” – refers to all registered Users of the Platform. Eligibility

The Site is not designed for use by persons under the age of 16 years. In the event that you are under 16 years of age, you are not authorized to use our Platform or provide any personal information to us through this Site. By accessing the Platform and creating an account, you agree that you will use the Platform in accordance with any and all applicable laws and regulations. Where you enter into this Agreement on behalf of another individual, group or other organization, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or organization and to bind that individual, group or organization to this Agreement. You are required to agree to and accept these Terms in order to access and use the Platform and Services.

Mixtape Mall Services

Mixtape Mall is an online marketplace that connects Buyers/Clients , who are looking to buy “ Make” music services, with Sellers/Artist from around the world. All sessions/sales/jobs on the Platform are sold online and all payments are processed in accordance with our Payment Policy as outlined in this Agreement. Buyers and Sellers are both required to create an account on the Platform to offer, request, sell or buy any service(s) through the Platform.

Sellers can register on the Platform, build their Profile and list their Sessions at starting at USD 3 per minute of a song with a maximum of USD 999 per minute finished minute of song. In addition to the basic Session, service  that starts at $3 per finished minute, the Sellers can also offer session extras for an additional fee (as set by the Seller) such as number of revisions offered etc whereby a Buyer (subject to making full payment for session extra) can purchase session extras.

Buyers can easily select Sellers from the Platform and place an order for the music service they would like the seller to make for them, hire and to purchase the service. Buyers are required to make payment to the Platform at the time they place their order in accordance with our Payment, Cancellation and Refund Policy. Sellers must deliver the order deliverables within the agreed delivery timeframes. Once the order is delivered, the Buyer has an option to either request revision or mark the order as complete. If no revisions are requested, the order is automatically marked as complete after

5 days and the Parties can review their experience and service.

To maintain the integrity of our Platform, we encourage all Clients to rate and review their experience at the end of the transaction.

Please note that the Company only enables connection between Buyers who are looking to hire, purchase music services online and Sellers who are offering such services through the Platform. The Company cannot be held liable for any misrepresentation by any User or for any actions or omissions whatsoever of any User.

Please note that: Mixtape Mall respects the United States of America and the U.N  law OFAC listed countries. Unfortunately, we will not be able to accept users to sell on the platform from sanctioned countries including, the Balkans, Belarus, Burma, Cote D’Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea, Sudan, Syria, and Zimbabwe.

Unless explicitly specified otherwise, Our responsibility is limited to facilitating the availability of the Platform Services.

Account Setup and Safety

You can browse through www.themusiciansplatform.com without signing up but to make use of the Musicians Platform to sell or buy music services, you must create an account for FREE of charge at www.themusiciansplatform.com. You are required to provide us with correct and current information at the time of account registration and you agree that you will provide us with complete and accurate information during the registration process. All personal information is collected under Encrypted secured url and used in accordance with our Privacy Policy. Please review our Privacy Policy before registering an account on the Platform to familiarize yourself with how we collect and use your information.

In the event of any material change in your personal details, please contact us at support@MixtapeMall.com with the words “Account details” in the subject line or alternative edit your details by logging into your online profile at www.MixtapeMall.com.

Please note that we reserve the right to refuse registration of any User account in our sole discretion without any requirement to provide reasons for our decisions.

Your account is access controlled and as with all access controlled software, the system relies upon the User to protect their login credentials. You accept that you are solely responsible for any activity that occurs on your account and you agree that you will maintain the confidentiality of your login credentials. You also agree that you will never use another User’s account for any purposes whatsoever.

You release us from any liability arising from or related to any unauthorized access to your Mixtape Mall account. If you become aware of any suspicious activity on your account or security breach, you must immediately notify us at support@MixtapeMall.com . You hereby release us from any liability, claim or action arising out of or associated with any loss of data, loss of opportunity, claim or damage arising out of such security breach. You understand that your decision to use the Platform is entirely at your own risk.

THE COMPANY ONLY PROVIDES THE PLATFORM TO HELP USERS TO BUY AND SELL MUSIC RELATED SERVICES ONLINE. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.

The Company reserves the right to introduce any paid features and functionalities without giving any notice to you. You accept and acknowledge that any paid functionality will be governed by Payment, Cancellation and Refund provisions as outlined in this Agreement.

We may access your account and the information that you have provided us, for support, maintenance or for any security-related or business reasons that we in our sole discretion deem fit. We reserve the right to immediately suspend or terminate your Account if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account registration process or anytime thereafter.

Payments, Refunds, Order Cancellations and Account Termination

Session Fees, Commission Payments and Chargebacks

All music services / sessions fees on the Platform are quoted in USD and all Platform commissions are payable in accordance with this Agreement. There are no hidden charges and transaction costs. Buyers only pay the session fees and session extras that they order through the Platform and Sellers receive their session sales revenue less deduction of 20% Platform Commission.

We reserve the right to modify any fees, commision payment, cancellation and refund policy at any time by amending these Terms.

The Company uses secure Paypal payment processor to process all online payments and protect both Buyers and Sellers. To learn more about Paypal’s Seller and Buyer Protection please visit Paypal Safety and Security.

Please note – By buying and selling sessions through our Platform, you further agree to abide by Paypal’s Legal Agreement.

Disintermediation

Users agree to make all payments relating to the sale and purchase of sessions and session extras through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute material breach of this Agreement. We are unable to offer any protections to Buyers and Sellers who enter into transactions outside the Platform. Any violation of this provision gives the Company the right to take any remedial measure it deems fit including but not limited to suspending and/or banning your account.

In the event of chargebacks and payment disputes, we will act on behalf of the Seller to resolve the dispute with Paypal Payment Processor. Although we cannot offer any guarantees that the dispute will be resolved in favor of the Seller and full or partial payment will be made

to the Seller’s account, whenever possible we will take the steps in accordance with Paypal’s Seller Protection Policy to resolve disputes in favour of the Seller.

Order Cancellations by Buyers, Sellers and Refunds

  • Buyers cannot unilaterally cancel an order if they simply change their mind after they order a session through the Platform. If Buyer changes their mind after ordering the session, they must contact the Seller to request a mutual cancellation of the order. The Seller may in his/her sole discretion accept the cancellation request. However, the Seller is not obligated to cancel an order where the Seller has already delivered the order deliverables or where the Seller has started work on the order. The Seller may refuse to accept Buyer’s cancellation and deliver the agreed upon work within the delivery timeframe. The Buyer will still be able to either mark the order as complete or request revisions. If no revisions are requested the order will be marked as complete automatically after 5 days, and the Seller will receive the session revenue after deduction of Platform Commission. The Parties can both review their experience.
  • Buyer may cancel an order if the Seller fails to deliver within the agreed delivery time frame. The Buyer will be entitled to a full refund under such circumstances. However, the Buyer is not entitled to any rights or claims in the work created by the Seller under such order. If the Buyer cancels an order, the Buyer does not have any rights or authorization to use Seller’s session / order deliverables in any context, medium or platform. The Seller will not receive any session revenue for time spent on such cancelled orders and retains all rights in his/her work.
  • Buyer may not cancel an order if the Seller has delivered the order deliverables and the Buyer is unhappy with the quality of order deliverables. The Buyer can request revisions and the Seller may revise the work but the order cannot be cancelled after delivery.
  • The Seller may cancel an order if the Seller is unable to deliver to create the order deliverable for any reason. The Buyer will receive the full refund in his/her account and the Seller will not receive any session revenue for such cancelled order.The processing of refund payment may take time. You acknowledge that we cannot offer any guarantees of any nature for the timeliness of refunds reaching your account.Mixtape Mall Account Termination
  • You may terminate your Mixtape Mall account by contacting us at support@MixtapeMall.com . We will provide you with instructions for terminating your account. Please take note that all your data stored on the your account will be automatically

removed upon termination of your account and you will not be able to reactivate your account and retrieve old data.

We reserves the right to cancel or suspend your access to the Platform if:

  • We believe you have violated any provisions of this Agreement;
  • We believe that your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason. Intellectual Property Unless expressly agreed otherwise, when purchasing a basic session the Buyer (subject to full payment) only receives a basic license to use the order deliverable from the Seller and the Buyer cannot use the order deliverable for any broadcasting purposes. If the Buyer intends to use the order deliverable for broadcasting purposes, the Buyer must also purchase the session extras (either at the time of placing the order or at a later stage) that grant the Buyer Full Broadcast Rights before using the order deliverables for any broadcasting purposes.Basic Session – Basic license When a Seller sells a basic session to the Buyer, the Buyer receives an exclusive, transferable, worldwide license to use the order deliverable for commercial or personal use on any streaming services including but not limited to Spotify, Pandora and physical copies of CD’s, or any other download services such as iTunes, CD Baby, but excluding any use for films and/or television. If the Buyer wishes to use the order deliverable for Film or Television, the Buyer must purchase the Full Broadcast License (“Buyout”) from the Seller.Session Extra – Full Broadcast license (“Buyout”)Once a Buyer purchases the Buyout (either at the time of purchasing the basic session or at a later stage) the Buyer will receive unrestricted, worldwide, royalty-free, fully paid, perpetual rights to the order deliverable and the Buyer can use the order deliverable for TV, movies or any other purposes without any limitation for television, movies etc provided the use is not for any purpose that may be deemed illegal, immoral or bring the Seller into disrepute.Additional Intellectual Property Agreements
  • As a User it is solely your responsibility to know your rights and obligations with regards to intellectual property you buy, sell or share with any other User through the Platform. We encourage all Users to clearly agree upon the licenses they wish to grant or buy from the other User. The Users can provide their own intellectual property rights agreements as well as confidentiality agreements through the Platform. Provided such agreements are not unlawful

or intended to disintermediate the Company by making payments outside the Platform, the Parties will be bound by such additional agreement they enter into with regards to intellectual property rights or any breach of confidentiality provisions.

Seller’s Intellectual Property

Seller retains all ownership/licenses in work that the Seller creates and which rights are not sold or licensed to any other User or a third party.

By using the Platform Services and selling sessions and session extras through the Platform, the Seller represents and warrants to the Company that the Seller has all the requisite Intellectual Property Rights in any and all content uploaded, shared or sold by the Seller on the Platform as well as any content delivered by the Seller to the Buyer in any file format.

User Generated Content

User Generated Content (“Content”) refers to any and all content uploaded, posted, showcased or listed on the public areas of Platform by Users.

We neither claim ownership of User Generated Content nor review / monitor such Content. By posting, submitting or contributing Content to the Platform, you expressly grant us irrevocable, royalty-free, worldwide, nonexclusive license to use, distribute, reproduce, modify, adapt, publish, display or share the Content that you uploaded, posted or publicly shared on the Platform for the promotion of the Platform or any other purposes that we in our sole discretion deem fit. You hereby waive any claims to future compensation arising from the Company’s use of your User Generated Content as outlined in this Agreement.

All website visitors and Users understand that all User Generated Content is the sole responsibility of the User from whom such Content originated; that the Company will not be liable for any copyrights, trademarks or other intellectual property rights violations by any User or for any errors, omissions or inaccuracies in any User Generated Content. The Company cannot guarantee the identity of any other User on the Platform or the protection of any copyrighted work that becomes publicly available as a result of posting / listing / sharing any User Generated Content on the Platform or other third-party websites.

Your use of User Generated Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Generated Content and the you hereby expressly release the Company from any liability arising out of or associated with your use of any User Generated Content.

Company’s intellectual property

Except User Generated Content, all content available on Mixtape Mall including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content or User Generated Content (where applicable) that you do not have rights and license to use. You understand that any unauthorized use of copyrighted work is strictly prohibited.

We hereby grant you a limited, non-exclusive, non-transferable license to use the Platform Services in accordance with this Agreement.

We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.

Confidentiality of Buyer’s Information

The Seller agrees to hold all Buyer confidential information in strict confidence and only use such information for the purposes of order delivery. For the purposes of this agreement Confidential Information includes but is not limited to: written scripts, contracts or similar content provided by the Buyer to the Seller to enable the Seller to deliver the session as ordered by the Buyer.

Confidential Information will not include any information which:

  1. is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
  2. was previously known to the Seller or rightly received by the Seller from a third party;
  3. is independently developed by the Seller;
  4. is subject to disclosure under court order or other lawful process; or

Seller agrees not to make Buyer’s confidential information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement. All Buyer confidential information shall remain the sole and exclusive property of the Buyer.

Copyright Protection

We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, re-publish, sell, resell or distribute or in any way access or make available any content that is protected by copyright laws without the the express permission to use such content from the authorized person. You may not use any copyrighted material on the Platform for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Platform and take any other appropriate remedial actions that we in our sole discretion deem fit.

If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization, please contact us via email stated below of and provide us with the following information:

  • Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
  • Your contact information including your name, phone number and email address;
  • A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.Contact usemail: support@MixtapeMall.com Buyers and Sellers Obligations You represent and warrant to the Company that you have the legal right to use any content that you upload, post, buy, sell or share through the Platform. You agree that:
  • You will not impersonate another User;
  • You will conduct yourself in a professional manner;
  • You will not post any offensive, obscene, degrading, misleading text, images, videos,audios or any other media through the Platform;
  • You will ensure that you are aware of any applicable laws and regulations that apply toyou as Buyer or Seller;
  • You agree to pay all amounts due and payable by you to the Company by the payment method chosen by the Company;
  • You agree that you will not use the Platform and/or any features and functionality offered by the Company for any unlawful/illegal purposes or in any manner that may violate the intellectual property or other legal rights of any third-party;
  • You agree to provide only true and accurate information on your publicly visible profile;
  • You agree that you will not upload any false or misleading information on the Platform;
  • As a Seller, you agree to deliver the order deliverables to the Buyer within the delivery time frames and as per agreed order specifications;
  • As a Buyer, you take sole responsibility to review all files are in acceptable format at the time of delivery and before the order is marked as completed;
  • You will immediately notify us of any change in any information or any issues that you encounter during your use of the Platform Services;
  • In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute.
  • You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
  • You will note collect any information about other Users (including names, email addresses) for any purpose;
  • You will not reformat or frame any portion of the Platform without express written consent of the Company;
  • You will not create User accounts by automated means or under false or fraudulent pretences;
  • You will not submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
  • You will not transmit any viruses, defects, Trojan horses or other items of a destructive nature;
  • You will not copy or store any content offered on the Platform for other than your own use;
  • You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;Link to Third-Party Websites The Platform may include links to third party websites. If you click on any such link, you may be redirected to third-party websites that are neither owned nor operated by us. We do not review these third-party websites and assume no responsibility for any content available on such third-party website. We do not endorse nor make any representation about any third-party websites, or any content, products or services available therein, or the results of use of such third-party websites. You are advised to carefully review the terms and conditions and privacy policy of such third-party websites that govern your use of their services. Your

decision to access any of the third party website linked to our Platform is entirely at your own risk.

 

Any mediatian or copyright concerns are to be moved to http://audio.exchange weere rights of audio files in quesstion can be tranfered. All communication is to be moved to audio.exchange or any other platform we deem fit.

Feedback

We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve our Platform Services, please submit your feedback to email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Contact us email: support@MixtapeMall.com

Maintenance

The Company reserves the right in its sole discretion to deactivate or/and suspend your access to the Platform Services with or without giving any prior notice to you to carry out: system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

Modifications

We are a technology Company and we are constantly adding new features and functionality to enhance our offering to you. We reserve the right in our sole discretion to introduce new features and functionality, modify existing features and amend any provision of this Agreement. Any changes in features and functionality of Platform Services will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes.

You release the Company of any liability arising from your failure to review such modified Terms.

Disclaimer

WE SECURE THE SITE AND THE SITE IS ENCRYPTED UNDER HIGH SECURITY SERVICES TO HELP YOU AND YOUR MATERIALS TO BE SAFE. ALL SALE AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT.

ALL SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

OUR DEVELOPER TEAM IS WORKING AROUND THE CLOCK FOR YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOUR USE OF THE PLATFORM AND SERVICES OFFERED THEREIN IS SOLELY AT YOUR OWN RISK. IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY, OR ITS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES ARISING OUT OF ASSOCIATED WITH YOUR USE OF THE PLATFORM SERVICES OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL EXCEED $200.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE PLATFORM SERVICES IN LOCATIONS OTHER THAN USA.

Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries and Users against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) the violation of these Terms by you,

(ii) Your gross negligence or willful misconduct, or

(iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any third-party person or entity.

(iv) the use of this Platform by you.

California Civil Code Section 1542 Waiver

You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of Platform Services. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.

Governing Law

This Agreement shall be construed in accordance with the laws of the State of Virginia and USA. Any action or claims brought against the Company must be brought in the court of law with appropriate jurisdiction to rule upon the matter located in Virginia.

No Class Action

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to your use of Services. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

Entire Agreement

These Terms, including the Privacy Policy which is incorporated herein by reference constitutes the entire understanding between you and the Company.

Waiver

Any omission on the part of the Company to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by the Company.

Assignment

The Company may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of the Company.

Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, Nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either the Company or the User may terminate this agreement without any notice.

 

ATTENTION: PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS DO NOT PROCEED WITH REGISTRATION AT VESTD.NETWORK TERMS AND CONDITIONS

Agreement This is a contract between you and VSD.NETWORK platform Ltd, a limited liability company operating in Clearwater, Florida or any other legal entity that succeeds VSD.NETWORK platform Ltd or may be further incorporated (“Company”) and that holds the rights to VSD.NETWORK platform protocol (“Protocol”), website www.vestd.network or any associated websites or mobile applications (“Platform”). By signing up to use an account at the Platform (“VSD.NETWORK Account”), you agree that you are eligible for use of the Platform and that you have read, understood, and accept these Terms and conditions, as well as our Privacy Policy.
Eligibility You are allowed to use the Platform if you are eligible in accordance with the law of your residence. The Company has no obligation or capability to verify whether you are eligible to use the Platform and bears no responsibility for your use of the Platform. The Company reserves a right to block or deny access to your VSD.NETWORK Account on the Platform if we have any doubts with regard to your eligibility with no refund.
Services 3.1. You may use your VSD.NETWORK Account under these Terms and conditions and receive the following services (“Platform Services”):
a) Token generation tool that allows you to issue special digital items within the Platform (“Tokens”);

b) Electronic wallet (“VSD.NETWORK Wallet”) that allows you to store, track, transfer and manage your, tokens that you issue or the Tokens that you acquire;

c) VSD.NETWORK Brand Exchange (“VBX”) that allows you to place and execute orders for buying or trading brand tokens within the VSD.NETWORK community.

3.2. The Company grants you a limited non-exclusive nontransferable revocable license to use the Platform via your VSD.NETWORK Account free of charge. All Platform Services are the program functions of Platform enabled by the Protocol. Any fee that you might pay while using VSD.NETWORK Account is not a consideration for services of the Company and are distributed between participants of the VSD.NETWORK Network vested with the right to approve transactions in VSD.NETWORK Network (“Miners”) according to the Protocol.



VSD.NETWORK Account 4.1. To start using VSD.NETWORK Account you shall register at the Platform by providing your email address and accepting these Terms and conditions, the Privacy Policy and receiving all legal notices including risk statements and disclaimers. A password to your VSD.NETWORK Account will be automatically generated for you during the registration procedure. You shall ensure safety and confidentiality of your password and bear all risks related to the disclosure of your password to third parties. The Company or any affiliated person is not in possession of your password and at no event shall bear any liability in case of loss of the password or its disclosure to a third party. 4.2. The Company may refuse your registration at the Platform, limit the number of your VSD.NETWORK accounts or restrict your use of the Platform Services at its discretion. 4.3. The Company may ask you to provide at any stage additional personal information.


VSD.NETWORK Network. Protocol governs relations within VSD.NETWORK Network system (“VSD.NETWORK Network) – distributed electronic ledger that is maintained by Miners and that is available to you through the Platform. All entries in VSD.NETWORK Network are transactions in VSD.NETWORK, native digital units of VSD.NETWORK Network. VSD.NETWORK are necessary for the performance of VSD.NETWORK Blockchain, the Platform and correct provision of Platform Services. You shall acquire VSD.NETWORK in order to use the Platform Services. 5.2. VSD.NETWORK are cryptocurrency and have no centralized issuer. The Company is neither the issuer nor the major holder of the VSD.NETWORK in circulation, and therefore has not control over the price VSD.NETWORK are traded at DEX and at any other cryptocurrency exchange. The Company is not a Miner of VSD.NETWORK Blockchain and does not execute any control over the Miners of VSD.NETWORK Blockchain. 5.3. You may lease your VSD.NETWORK by sending them to Miners and receive the payment from the Miners for any VSD.NETWORK that the Miners earned by encrypting transactions according to the Protocol. The Company is not the party of your lease agreement with Miners and does not represent you or Miners in these relations. 5.4. VSD.NETWORK is not a security, is not registered with any government entity as a security, and shall not in any case be considered as such. VSD.NETWORK is not intended to be a commodity or any other kind of financial instrument, does not represent any share, equity, stake, or security in the Company or equivalent rights, including, but not limited to, any intellectual property rights, and does not represent any ownership right.


Token Generation Tool 6.1. You may issue your Tokens by entering your VSD.NETWORK Account and transferring prescribed amount of VSD.NETWORK to Miners and adjust the settings for your Tokens, such as their designation, abbreviation, number, divisibility, reissuance features and any other settings that may be required by the Platform at the time of issuance or later on. All issued Tokens will be available at your VSD.NETWORK Account instantly and you may further send them to any user of the Platform and create sell orders at DEX. 6.2. The Company provides you with technical opportunity to issue Tokens, you are the only person who is liable for any losses, damages, claims related to the issuance of Tokens. The Company assumes no responsibility or liability related to your issuance of Tokens or your purchase of Tokens issued at the Platform. Nothing at the Platform shall be construed as endorsement, sponsorship, affiliation, approval, backing, underwriting of any Token or any Token issuer by the Company. 6.3. By issuing your Tokens you warrant and represent that you have received all approvals, authorizations, licenses or registrations required by the competent authority in jurisdiction of your residence or any other applicable jurisdictions.


VSD.NETWORK Wallet 7.1. You may store cryptocurrencies and Tokens at VSD.NETWORK Wallet, sent them to and receive them from third parties according to the instructions you provide through VSD.NETWORK Wallet. The Company provides no financial services including but not limited to accepting deposits or money transferring. The Company does not store your private key of your VSD.NETWORK Account and has no access to the cryptocurrencies and Tokens stored in your VSD.NETWORK Wallet. Some cryptocurrencies may not be supported by VSD.NETWORK Wallet, please, check the supported cryptocurrencies before transferring them to your VSD.NETWORK Wallet. The Company assumes no responsibility and liability in connection to any attempt to use VSD.NETWORK Wallet for the cryptocurrencies that are not supported by VSD.NETWORK Wallet. 7.2. By using VSD.NETWORK Wallet you acknowledge that the transactions with cryptocurrencies and Tokens are irreversible. The Company cannot be liable under any circumstances for any transaction made by you with your VSD.NETWORK Wallet. The Company has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of the Platform). Any dispute you have concerning a transaction with cryptocurrencies and Tokens you shall resolve with such third party directly without involving the Company. If you believe that a third party behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify our support team for assistance so that we may consider what action to take, if any. 7.3. The Company may use a third party payment processor to enable you to make payment any fiat (government issued) currency payment at Platform. The Company will never be a payee or any sort of intermediary between the parties of the deal and under no circumstances will hold your funds in fiat currencies or cryptocurrencies.


VBX enables you to place order and provides you with an in-built matching engine to meet the cross orders. 8.2. You may place buying or selling orders from your VSD.NETWORK Account. To place an order you need to choose a cryptocurrency or a Token you are going to sell or purchase and the price in cryptocurrency or exchange rate for other Tokens and adjust additional settings such as lifetime of the order or any other setting that may be required by the Platform at the time of placing order. As soon as the cross order is found by the matching engine both orders are executed by changing balances of corresponding cryptocurrencies and/or Tokens at VSD.NETWORK Accounts of the buyer and the seller. 8.3. The Company does not define, suggest and execute any control over price or exchange rates of cryptocurrencies and Tokens. The Company is not a counterparty to any deal concluded at DEX. Any dispute you have concerning a transaction with cryptocurrencies and Tokens you shall resolve with such third party directly without involving the Company. 8.4. The Company does not organize or participate in the trade of any Token and cryptocurrency.


Risk warning By accepting these Terms and Conditions, you also acknowledge that you have been warned of the following risks: 9.1. New Technology. You understand that cryptocurrencies including VSD.NETWORK, blockchain technology, including VSD.NETWORK Blockchain and other associated and related technologies are new and untested and outside of your or the Company’s control and adverse changes in market forces or the technology, broadly construed, will excuse the nonperformance by the Company under this Agreement including temporary interruption or permanent termination of your access to the Platform Services. 9.2. Loss of funds. The risk of loss in trading or holding cryptocurrencies and Tokens can be substantial. Therefore, you should carefully consider whether trading or holding cryptocurrencies is suitable for you in light of your financial condition. Forks and changes in relevant network may result in significant and sudden changes to the value and/or usability of cryptocurrencies and Tokens. The Company is not responsible for such loss of value of cryptocurrencies and Tokens and bears no responsibility for any loss incurred by you while using the Platform or in any direct or indirect connection to the Platform. 9.3. Unfavorable regulatory environment. Cryptocurrencies, Blockchain technologies have been the subject of scrutiny by various regulatory bodies around the world. The functioning of the Platform could be impacted by one or more regulatory inquiries or actions, including but not limited to restrictions of use of cryptocurrencies. 9.4. Risk of theft and hacking. Hackers or other groups or organizations may attempt to interfere with your VSD.NETWORK Account or the Platform performance in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. 9.5. Risk of security weaknesses of the Platform. There is a risk that the Platform may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of Tokens and cryptocurrencies. 9.6. Risk of mining attacks. As with other decentralized cryptocurrencies, VSD.NETWORK blockchain is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attacks present for the Platform performance and your access to the Platform Services. Mining attacks, as described above, may also target other blockchain networks, which the Platform interacts with, and consequently affect the Platform performance and your access to the Platform Services. 9.7. Internet transmission risks. You acknowledge that there are risks associated with using the Platform including, but not limited to, the failure of hardware, software, and internet connections. You acknowledge that the Company shall not be responsible for any communication failures, disruptions, errors, distortions or delays you ma4y experience when using the Platform, howsoever caused.


Your warranties and representations 10.1. By entering these Terms and conditions you warrant and represent that: a) You are have full capacity to contract under applicable law; b) You will only be transacting on the Platform with legally-obtained funds that belong to you; c) You will not be furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of the Platform; d) You will not use the Platform for illegal purposes, including money laundering of criminal proceeds, transfer or receipt of payment for planning, preparation or commitment of crime, for financing the terrorism and illegal trade; e) You will not use the Platform for any purpose prohibited by these Terms or in any manner that could damage, disable, overburden, or impair the Company; f) You will be complying with and obeying all applicable laws, including but not limited to securities and capital market legislation, anti-money laundering and counterfeiting terrorism, consumer protection laws, financial promotion.


No Warranties; Exclusion of Liability; Indemnification 11.1. The Platform and its components such as the VSD.NETWORK Account, Token Generation Tool, VSD.NETWORK Wallet, DEX are provided “as is”. The Platform and its components are under development, the Company cannot guarantee that all program functions will be available for any period in the future or that the functionality of the Platform will not change dramatically. The Company and its affiliates make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the Platform, including any warranty that the Platform will be uninterrupted, error free or free of harmful components, secure or not otherwise lost or damaged. Except to the extent prohibited by law, the Company and its affiliates disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealings, usage or trade. 11.2. The Company shall not have any liability or responsibility for any errors or omissions in performance of the Platform, for your action or inaction in connection with our Platform or for any damage to your computer or data or funds or any other damage you may incur in connection with the Platform. Your use of the Platform is at your own risk. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform, the delay or inability to use the Platform or otherwise arising in connection with our Platform whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. 11.3. You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Platform. 11.4. The Company makes no representation that Platform Services can be received are applicable or appropriate for use in all jurisdictions.


Third-Party Websites and content The Platform may contain links to websites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not monitor or control outside the Platform and is not responsible for their content. The inclusion of links to third party resources does not imply any endorsement of the material on the Platform or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does such inclusion of links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website. The Company does not control the third party content including the content posted by you or other users of the Platform or monitor it for compliance with any requirement (e.g. truthfulness, integrity, legality). Accordingly, the Company does not bear any liability arised in connection with your access or use of the third party content.


Taxes The Company bears no liability for determining whether taxes apply to any of your transactions, or for collecting, reporting, or remitting any taxes arising from any transaction.


Assignment You may not transfer or assign these Terms and Conditions or any rights or obligations you have under these Terms and Conditions without our prior written consent. The Company reserves the right to freely assign or transfer these Terms and Conditions and the rights and obligations under these Terms and Conditions to any third party at any time without prior notice or consent. If you object to such transfer or assignment, you may stop using the Platform and terminate these Terms and Conditions by contacting us.


Jurisdiction, applicable law 15.1. The Terms and conditions and any legal relationship between the Parties arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales without regard to its conflict of laws rules. The Parties settle all their disputes arising out of or in connection with the Terms and conditions in accordance with the laws of England and Wales. 15.2. The Parties agree to try in good faith to settle through negotiations any dispute, disagreement or claim arising out of or in connection with execution, termination or rescission of these terms and conditions. The claiming party shall send a message with its claim to the other party. The message in question shall contain the essentials of the claim and evidence supporting such claim. 15.3. In the absence of a reply to the claim within 30 working days since the sending date, or if the Parties have failed to reach an amicable settlement, the dispute shall be brought and heard exclusively in appropriate court at the location of the Company determination.


Miscellaneous 16.1. The Parties agree to use electronic signatures while delivering all necessary documents or claims. The Parties confirm that documents and claims signed by electronic signature have the legal effect and are to be accepted and considered by the Parties. The Parties confirm that all emails sent from the authorized email addresses are deemed to be sent and signed by the Parties. 16.2. Notices sent by email in accordance with these Terms and conditions shall be deemed to be sent on the date on which the e-mail is confirmed as being sent provided that day is a working day. 16.3. Your authorized email is the email that you entered during the registration at the Platform. The authorized email of the Company is available on the Platform. 16.4. All communications and documents to be made or given pursuant to this Agreement must be in the English language. 16.5. Until one Party advises the other one of the fact of the breach of security in respect of its authorized email, all actions and documents done and sent from the authorized email of one of the Parties, even if these actions and documents have been done and sent by third parties, are considered to be done and sent by the owner of the authorized email. In that case the owner of the authorized email acquires all rights and incurs all obligations, as well as bears the liability arising out of these facts. 16.6. These terms and conditions constitute the entire agreement and understanding of the Parties and supersedes any previous agreement between the Parties relating to the subject matter of these terms and conditions. 16.7. If at any time any one or more of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of these terms and conditions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected or impaired as a result. 16.8. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Risk Disclosure
Unlike regular FIAT, the VSD token is not insured by any legal or financial authorities. Contributing to the VSD.NETWORK’s ICO or Pre-ICO like with any other crowdfunding campaigns of this nature does not allow one to ownership in VSD.NETWORK’s or holding of shares; or voting right; or any other corporate rights such as profit sharing or anything else similar in that matter.

The VSD.NETWORK Token may increase or lower in value overtime depending on its environment and its usage on the VSD.NETWORK’s network. VSD Token owners only guarantee is to hold the value of such token at the time of its holding.

Contributing in the VSD Token has its risks and must be considered like any other contribution of this nature as is. There is and will never be any guarantee of performance, of profit sharing or speculation from VSD.NETWORK’s about the VSD Token value at any time.

TERMS OF SALE
Everyone is allowed as a contributor during the pre-sale stage as long as they meet the following criteria’s:

Are willing to purchase the minimum of VSD required at the time of registration.

The contributor must be aware that the contribution to the pre-sale does not mean that profits will be made; at the time of this writing, the VSD token is not a security and cannot directly return profits to the token holders.

INSTITUTIONAL AND SOPHISTICATED INVESTORS
If you are considered a sophisticated investor, are representing a venture capitalist firm or are interested to contribute more than 10ETH into VSD.NETWORK?

We will not take contributions higher than 10 ether through our normal pre-sale platform for legal concerns. However, if you strongly believe in our project and would be interested to contribute more, we will be more than happy to discuss with you. Feel free to contact us at : support@vestd.network We are very pro-active and will respond to you the same day on normal business hours.

REFUNDS
The token’s pre-sale is managed by our VSD.NETWORK mycred network.
All contributions are final and will not be refunded unless a discrepancy was a fault of VSD.NETWORK.

OTHER JURISDICTIONS
It is the legal and moral responsibility of the citizens of any country to respect the laws of their jurisdiction. International laws are complicated and varies from country to country. VSD.NETWORK is advising every contributor to be aware of their local laws before considering any contribution in VSD.NETWORK pre-sale, sale or any other contribution to a 3rd party in that matter. In the event that foreign authorities enter in contact with VSD.NETWORK, we will fully collaborate with them. We cannot stress enough the importance of compliance to your local authorities, any consequences that may result of the non-compliance to your local authorities may result in financial lost, legal penalties, fines or other penalties that are in place in such case. VSD.NETWORK cannot be responsible for any consequences that occur from a citizen of a foreign country not respecting the laws of their local authorities.

DISCLAIMERS
NO SECURITIES REGULATORY AUTHORITY HAS EXPRESSED AN OPINION ABOUT THE VSD TOKEN. THE VSD TOKEN MAY AT A LATER TIME BE CONSIDERED A SECURITY TO THE SOLE DISCRETION OF THE REGULATORY AUTHORITY. TO CLAIM THAT THE VSD TOKEN IS A SECURITY IS AN OFFENSE UNTIL CONSIDERED A SECURITY BY THE REGULATORY AUTHORITY.



VSD.NETWORK IS A ENTERTAINMENT WEBSITE NOT A FINANCIAL INSTITUTION OF ANY SORT. ANY TOKENS (COINS) WITHIN THE NETWORK ARE FOR ENTERTAINMENT USE ONLY.

VSD IS NOT A SHARE, VOTING RIGHT OR OWNERSHIP OF ANY PART WHATSOEVER OR RIGHT TO CONTROL.

 

©2019 a VSD NETWORK company

ERC20 CONTRACT: 0xa37cdc5ce42333a4f57776a4cd93f434e59ab243

 
VSD's available:
433,581,806.6632500 VSD

TV/RADIO PARTNERS 

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ONLINE TRANSACTIONS  (Live)

UserDateVSD'sEntry
VSD BANK-1.0000000 VSDVSD's for site visit
Napoleon Miah1.0000000 VSDVSD's for site visit
VSD BANK-0.5000000 VSDVSD's for viewing a page
Napoleon Miah0.5000000 VSDVSD's for viewing a page
VSD BANK-1.0000000 VSDVSD's for new friendship
preston1.0000000 VSDVSD's for new friendship
VSD BANK-1.0000000 VSDVSD's for new friendship
UserDateVSD'sEntry
 

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