MCRFanfund General Terms & Conditions
- Acceptance of Terms: 94twenty LLC d/b/a MCRFanfund (“MCRFanfund”) is an online service that facilitates music fans (the “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (collectively, the “Service”). The Service is operated from the website www.bandtwangofan.com. The use of the MCRFanfund Service by an Artist to raise money from Fans shall be referred to as a “Subscription Membership”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. MCRFanfund may modify the terms of this agreement, at our sole discretion, by posting amended terms to the mcrnow.com/fan website. Your continued use of the service indicates your acceptance of the amended agreement.
- Responsible Use / Code of Conduct: As a condition of participation in the Service you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by MCRFanfund. Further, your use of the Service will be in conformity with the MCRFanfund Code of Conduct, which is incorporated by reference into this agreement. MCRFanfund may remove any content or account at any time for any reason at its sole discretion.
- Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email, or otherwise make available via the Service. MCRFanfund does not control and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. MCRFanfund makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will MCRFanfund be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that MCRFanfund does not pre-screen or approve Content, but that MCRFanfund shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service for any reason.
- Trademark and Copyright: MCRFanfund, mcrfandfund, the MCRFanfund logo, and other names, logos, icons, and marks identifying MCRFanfund products and services are trademarks of 94twenty LLC and may not be used without the prior written approval of 94twenty LLC. All rights not expressly granted in this agreement are reserved.
Terms Applicable to All MCRFanfund Payments
- In order to make a purchase, you must be over  years of age and possess an acceptable valid credit or debit card issued by a bank acceptable to us, or a Paypal account. When making a contribution you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the contribution.
- Dispatch times for Tier Incentives may vary according to availability and no guarantees or representations are made as to delivery times. The Artist is responsible for setting the date on which the deliverables will be satisfied (the “Fulfilment Date”) if applicable. The Artist will confirm to you when the Tier Incentive you have ordered has been dispatched. However, delivery times may vary depending on the territory in which the Fan resides. If the Artist anticipates that a Tier Incentive due to a Fan will not be sent by the Fulfilment Date, they will be responsible to notify you of the delay in delivery and inform you of the new Fulfilment date (the Fan may be entitled to a full refund from the Artist in relation to any Tier Incentive not dispatched).
- It is your obligation to keep delivery information for orders up to date. Refunds will not be given for orders shipped to the wrong address.
Terms Applicable Membership Project Payments
- MCRFanfund and its payment partners will authorize a charge on your credit card (or another payment method) for the full amount of your Subscription Contribution (“Contribution”), at any time between the making of the Contribution and the collection of funds.
- You may cancel your Contribution at any time by notifying us that you no longer wish to continue your subscription. Simply go to the MCRFanfund website’s ‘Contact’ page. Then click ‘Cancelling a subscription” to request a cancellation.
- Responsibility for fulfilling the Subscription Membership lies entirely with the Artist, and Fans make Contributions entirely at their own risk. We do not represent that Contributions will be used as described by an Artist and MCRFanfund will not be responsible for the failure by an Artist to meet any commitments in relation to the Subscription Membership or for the misuse of Contributions by the Artist. MCRFanfund may, at its sole discretion, refund Fans for exclusives not received and incomplete Projects.
- MCRFanfund will engage in commercially reasonable efforts to collect monies committed by Fans, however, MCRFanfund does not guarantee that it will collect the full amount of money committed by Fans. MCRFanfund reserves the right to terminate a Subscription Membership and refund all Fan’s payments at any time for any reason.
Terms Applicable to Non-Goal Project Payments
- Dispatch times for immediate purchase Tier Incentives without a Fulfilment Date may vary according to availability and no guarantees or representations are made as to delivery times.
- Termination: MCRFanfund may terminate or suspend any and all Services, and your MCRFanfund account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MCRFanfund account, you may simply discontinue using the Services or send an email to email@example.com (all termination requests will be completed within 30 days). All provisions of the General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities, and limitations of liability.
- Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM MCRFANFUND IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM MCRFANFUND ARE PROVIDED ON AN “AS IS” BASIS. MCRFANFUND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MCRFANFUND MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES, AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM MCRFANFUND WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MCRFANFUND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
- Limitation of Liability: IN NO EVENT WILL MCRFANFUND OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF BANDTWANGOFAN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MCRFANFUND’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, IF ANY, BY YOU TO MCRFANFUND FOR THE SERVICE, BUT IN NO CASE WILL MCRFANFUND’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO MCRFANFUND FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MCRFANFUND, REGARDLESS OF THE CAUSE OF ACTION.
- External Links: MCRFanfund may provide links to other websites or resources, however, MCRFanfund is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MCRFanfund shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
- Indemnity: You agree to indemnify and hold MCRFanfund, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through MCRFanfund, your use of the Service or MCRFanfund, your conduct in connection with the Service or MCRFanfund or with other users of the Service or MCRFanfund, or any violation of this Agreement, any law or the rights of any third party.
- Entire Agreement: This agreement constitutes the entire agreement between you and MCRFanfund regarding the use of the Service, superseding any prior agreements between you and MCRFanfund relating to the Service. The failure of MCRFanfund to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No variation to this agreement will be binding upon MCRFanfund unless it is made in writing and signed by a director or officer of MCRFanfund.
- Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the State of New York law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the State of New York courts. You waive any claim that any legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.
Supplemental Terms and Conditions – Artists
- 94twenty LLC d/b/a/ MCRFanfund (“MCRFanfund”) is an online service that facilitates music fans (a “Fans”) contributing to the costs of independent musician’s (the “Artist”) music (recording studio costs, video production, etc.), touring and performances (collectively, the “Service”). The Service is operated from the website www.mcrnow.com/fan. The use of the MCRFanfund Service by an Artist to raise money from Fans shall be referred to as a “Subscription Membership”. These Supplemental Terms and Conditions govern the relationship between MCRFanfund and an Artist in relation to the Service.
- Signing up: In signing up to use the Service, or during their Subscription Membership, Artists may be requested to provide information to MCRFanfund relevant to their Subscription Membership. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonably requested by MCRFanfund.
- MCRFanfund will deduct its fee before transmitting the proceeds of a Subscription Membership to you. Our standard rate of commission is 5% of the gross amount of the Subscription Contribution in relation to Subscription Membership (plus an additional 2.9% for credit card fees).
- International payments and certain payment methods may give rise to higher payment processing costs. We will ensure that your proceeds from a Subscription Membership are not lower than agreed on account of payment processing costs.
- Prior to having received any payment from BandtwangoFan in relation to any Subscription Membership, you may cancel the Subscription Membership at any time (MCRFanfund shall be responsible for any refunds due to the Fan). However, if you have received payment from MCRFanfund in relation to a Subscription Membership you wish to cancel you are solely responsible for any refund that may be due to Fans up to the total amount received from MCRFanfund by you in relation to that Subscription Membership.
- Some Contributions cannot be collected (for instance, when a Fan’s credit card expires before a Contribution has been paid in full, and they do not provide updated payment information). Although MCRFanfund will make reasonable attempts to contact a Fan whose payment method is declined in order to rectify the issue, in such circumstances, we cannot guarantee that the amount of the Contribution you receive will be exactly equal to the Goal Contribution minus MCRFanfund’s fee.
- We do not make any guarantees with respect to the timing of receipt of funds, which may be subject to payment processing or other delays. Do not take any actions in reliance on the receipt of funds until you are in receipt of cleared funds.
In relation to Subscription Memberships:
- Each month during a Subscription Membership Artist will be paid, by check, their contributions (minus our 5% fee; and 2.9% credit card processing fee) within 7 – 14 business days.
- The Artist making available for public consumption the project to which the Subscription Membership and Contributions relate.
- Disbursement of Contributed monies: Monies collected by MCRFanfund for a Subscription Membership will be held on account for the Artist. Once an Artist’s account accrues $75, we will disburse funds monthly, using the payment method the Artist chose at sign-up. The Artist and MCRFanfund will agree together on which services providers are suitable for the Artists Subscription Membership requirements, and MCRFanfund shall contract directly with these service providers for the Artist’s requirements. If MCRFanfund has reason to believe that Artist will not complete their Subscription Membership obligations MCRFanfund may cease to disburse funds for the Artist, and require that the Artist enter into discussions with MCRFanfund to address MCRFanfund’s concerns regarding the completion of the Subscription Membership obligations. If the Artist and MCRFanfund are unable to reach a satisfactory agreement regarding the outstanding Subscription Membership obligations of the Artist, 94twenty LLC may terminate the Subscription Membership and refund monies to Fans of the Subscription Membership in proportion to the amounts remaining in the account for the Subscription Membership. Interest on all funds held shall accrue to the benefit of 94twenty LLC.
- Chargebacks and Refunds: If for any reason, MCRFanfund is required to refund monies to Fans of a Subscription Membership, the Artist will fully compensate MCRFanfund for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.
- Intellectual Property: Artist shall fully own all the intellectual property to all publishings and recordings they create through or result from their Subscription Membership. Artist grants to MCRFanfund a non-exclusive, worldwide, royalty-free license to reproduce, digitally distribute, and publicly perform the recordings (as well as any underlying musical compositions) created or contributed by the Artist as part of the Subscription Membership via any means developed, owned, or controlled by MCRFanfund or its partners solely for the purposes of promoting the Artist’s Subscription Membership or MCRFanfund. Artist also grants to MCRFanfund a non-exclusive, worldwide license to (i) to reproduce, display and distribute any artwork, photographs supplied by the Artist, liner notes, metadata, track data lyrics and editorial content relating to the recordings, and (ii) to use the name (including professional name(s)), likeness, performances, photographs, and biographical material of each performer, producer, and songwriter featured on a recording, in connection with promoting the Artist’s Subscription Membership or MCRFanfund. Notwithstanding the foregoing, Artist acknowledges and agrees that MCRFanfund’s business model may involve free promotional downloads and/or streams of recordings.
- Representations, Warranties and Indemnities: Artist hereby warrants and represents that: (i) It has the right and power to enter into and fully perform all of its obligations under this Agreement; (ii) It has the authority and right to provide MCRFanfund with the rights granted herein; (iii) MCRFanfund’s exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person anywhere in the world; (iv) Neither the recordings, nor any other content provided to MCRFanfund by the Artist violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) The recordings do not include any unlicensed samples or interpolations, Artist shall have the sole responsibility to ensure, as necessary, that all recordings are fully licensed; (vi) No agreement of any kind entered into by Artist does or will interfere in any manner with MCRFanfund’s complete performance of this Agreement, or with the rights granted to MCRFanfund herein; and (vii) MCRFanfund shall not be required to make any payments to third parties in connection with exploitation of the Masters, Controlled Compositions or Content hereunder. Artist will defend, indemnify, and hold harmless MCRFanfund, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of Licensor’s representations, warranties, covenants, or obligations.
- Tax or other financial obligations: Artist will be fully responsible for any taxation or other financial obligations arising out of their participation in the service. If for any reason, BandtwangoFan is required to pay any monies relating either directly or indirectly to an Artist’s Subscription Membership, Artist shall fully reimburse MCRFanfund for those amounts within 30 days of being informed of these payments.
Code of Conduct
- Principles: 94twenty LLC d/b/a MCRFanfund (“MCRFanfund”) is an online service that facilitates music fans (a “Fans”) contributing to the costs of independent musicians (the “Artist”) music (recording studio costs, video production, etc.), touring and performances. In order to facilitate this, we require that all users of the Service abide by this Code of Conduct. MCRFanfund may modify the terms of this Code of Conduct, at our sole discretion, by posting amended terms to the mcrnow.com/fan website. Your continued use of the Service indicates your acceptance of the amendments.
When using the Service activities that are not permitted include, but are in no way limited to, the following:
- to act in an abusive or threatening way;
- to intimidate or impersonate anyone;
- any illegal acts;
- any infringement of intellectual property rights;
- any commercial activities not approved in writing by MCRFanfund
You will not post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
- that is pornographic;
- that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, an MCRFanfund employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person’s explicit consent;
- that is false, deceptive, misleading, or deceitful;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- that constitutes or contains any form of advertising or solicitation;
- that includes links to commercial services or web sites;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
- that employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You agree not to:
- contact anyone who has asked not to be contacted
- “stalk” or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by MCRFanfund;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to MCRFanfund’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or MCRFanfund website; or
- use any form of automated device or computer program that enables the submission of postings on MCRFanfund without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, or engage in any other acts which could be considered “gaming the system”