TERMS AND CONDITIONS
General Terms and Conditions
Acceptance of Terms: Musicmerchnow.com (“MusicMerchNow!, LLC.”) is an online service that facilitates music fans ("Fans") contributing to the costs of independent musician's (the “Artist”) music, merchandise, equipment, and other ventures (“Service"). The Service is operated from the website www.musicmerchnow.com. The use of the MusicMerchNow! Service by an Artist to raise money from Fans shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Your continued use of the service indicates your acceptance of this agreement.
Participation: Your participation in the Service may require that you supply certain personal information to MusicMerchNow!. The information you supply must be full, complete, and accurate. You are required to maintain and update this information to keep it current, complete and accurate. Personal information supplied will be subject to MusicMerchNow! Privacy Policy , which is incorporated by reference into this agreement. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Responsible Use / Code of Conduct: As a condition of participation in the Service you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by MusicMerchNow!. Further your use of the Service will be in conformity with the MusicMerchNow! Code of Conduct, which is incorporated by reference into this agreement. MusicMerchNow! may remove any content or account at any time for any reason at its sole discretion.
Abuse: To report any abuse of the Service please use the contact form at: http://www.musicmerchnow.com/site/contact
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. MusicMerchNow! 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. MusicMerchNow! 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 MusicMerchNow! 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 MusicMerchNow! does not pre-screen or approve Content, but that MusicMerchNow! shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
Trademark and Copyright: musicmerchnow.com, MusicMerchNow!, the MusicMerchNow! logo, and other names, logos, icons and marks identifying MusicMerchNow! products and services are trademarks of MusicMerchNow!, LLC. and may not be used without the prior written approval of MusicMerchNow!, LLC. All rights not expressly granted in this agreement are reserved.
Payments:
Terms Applicable to All MusicMerchNow! Payments
In order to make a purchase you must be over eighteen [18] years of age and possess an acceptable valid credit or debit card issued by a bank acceptable to us. When placing an order 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 purchase of items such as concert tickets, books, albums, videos, t-shirts and other goods both physical and digital (Merchandise).
Terms Applicable Crowdfunding Campaign Payments
MusicMerchNow! and its payment partners may authorize or reserve a charge on your credit card (or other payment method) for any amount up to the full amount of your Campaign, at any time between the making of the Campaign and the collection of funds.
You may cancel your Campaign at any time prior to us notifying you that the Crowdfunding Campaign has reached its Campaign Goal by logging onto the MusicMerchNow! website and going to your Campaign and clicking ‘Edit Campaign’. Scroll to the bottom of the page, and select 'End Campaign'. If the Crowdfunding Campaign has reached its Campaign Goal, then click ‘Contact us about this Campaign’ to request a cancellation.
Once a Crowdfunding Campaign has reached its end date, any refunds given to a Fan are at MusicMerchNow!’s sole discretion. Where a refund is given, the refunds will be credited to the original method of payment, and can take 3 to 4 working days to process. Due to anti-money laundering regulations MusicMerchNow! will only refund funds back to the original credit or debit card used to make the Campaign.
Responsibility for fulfilling the Crowdfunding Campaign lies entirely with the Artist, and Fans make payments towards Campaigns entirely at their own risk. We do not represent that Campaigns will be used as described by an Artist and MusicMerchNow! will not be responsible for the failure by an Artist to meet any commitments in relation the Crowdfunding Campaign or for the misuse of Campaigns by the Artist. MusicMerchNow! may, at its sole discretion, refund Fans for exclusives not received and incomplete Campaigns.
MusicMerchNow! will engage in commercially reasonable efforts to collect monies committed by Fans, however MusicMerchNow! does not guarantee that it will collect the full amount of money committed by Fans. MusicMerchNow! reserves the right to terminate a Crowdfunding Campaign and refund all Fans payments at any time for any reason.
Terms Applicable to Non-Target Campaign Payments
Termination: MusicMerchNow! may terminate or suspend any and all Service, and your MusicMerchNow! 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 Service will immediately cease. If you wish to terminate your MusicMerchNow! account, you may simply discontinue using the Service or contact MusicMerchNow! through https://www.musicmerchnow.com/contact (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 SERVICE AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM MusicMerchNow! 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, SERVICE AND/ OR OTHER CONTENT. THE SERVICE AND/OR OTHER CONTENT YOU DOWNLOAD FROM MusicMerchNow! ARE PROVIDED ON AN “AS IS” BASIS. MusicMerchNow! EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MusicMerchNow! MAKES NO WARRANTY THAT THE SOFTWARE, SERVICE AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM MusicMerchNow! WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MusicMerchNow! 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 MusicMerchNow! 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 MusicMerchNow! IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MusicMerchNow!’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE TO THE AMOUNT PAID, IF ANY, BY YOU TO MusicMerchNow! FOR THE SERVICE, BUT IN NO CASE WILL MusicMerchNow!’s LIABILITY TO YOU EXCEED $200.00. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO MusicMerchNow! FOR THE SERVICE, YOU SHALL BE ENTITLED ONLY TO INJUNCTIVE RELIEF, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM MusicMerchNow!, REGARDLESS OF THE CAUSE OF ACTION OR ACTION BROUGHT.
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR UNDER APPLICABLE LAW.
External Links: MusicMerchNow! may provide links to other websites or resources, however MusicMerchNow! 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 MusicMerchNow! 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 MusicMerchNow!, its subsidiaries and affiliates, and its 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 MusicMerchNow!, your use of the Service or MusicMerchNow!, your conduct in connection with the Service or MusicMerchNow! or with other users of the Service or MusicMerchNow!, 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 MusicMerchNow! regarding the use of the Service, superseding any prior agreements between you and MusicMerchNow! relating to the Service. The failure of MusicMerchNow! 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 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 MusicMerchNow! unless it is made in writing and signed by a director or officer of MusicMerchNow!.
Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the 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 Summit County Court of Common Pleas located in Akron, Ohio. You waive any claim that any a 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
Musicmerchnow.com (“MusicMerchNow!”) is an online service that facilitates music fans (a “Fan”) contributing to the recording costs of independent musician’s (the “Artist”) music and also (optionally) to contribute to a charity designated by the Artist (the “Charity”) (collectively, the “Service”). The Service is operated from the website www.musicmerchnow.com. The use of the MusicMerchNow! Service by an Artist to raise money from Fans shall be referred to as a “Campaign”. These Supplemental Terms and Conditions govern the relationship between MusicMerchNow! and an Artist in relation to the Service.
Signing up: In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to MusicMerchNow! relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by MusicMerchNow!.
Payments:
MusicMerchNow! will deduct its fee before transmitting the proceeds of a Campaign to you. Our standard rate of commission is 10% of the gross amount of the Target Campaign in relation to Crowdfunding Campaigns, plus the associated credit card fees.
Prior to having received any payment from MusicMerchNow! in relation to any Campaign, you may cancel the Campaign at any time. However, if you have received payment from MusicMerchNow! in relation to a Campaign you wish to cancel you are solely responsible for any refund that may be due to Fans up to the total amount received from MusicMerchNow! by you in relation to that Campaign.
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 Crowdfunding Campaigns:
MusicMerchNow! shall transfer to the Artist 90% of the final amount raised by the campaign, minus credit cards fees, net 30 days following the later of:
The Campaign reaching its completion date;
Once the Campaign has completed the two-week hold, it moves to a completed state. The remaining funds will be paid out during the 2nd payment cycle after the Campaign achieves the completed state.
Withdrawal before Campaign Target: Artists may at any time before reaching their Campaign Target, but always on 30 days’ notice, withdraw from the Service and terminate their Campaign by contacting MusicMerchNow! here: https://www.musicmerchnow.com/contact and providing details of their reasons.
Withdrawal after Campaign Target: Artists who have reached their Campaign Target are committed to completing and distributing their Campaign deliverables. If for any reason this is not possible the Artist must immediately inform MusicMerchNow! of this fact, and cooperate fully and in the utmost of good faith with MusicMerchNow! to address this situation in a way that is consistent with the interests of MusicMerchNow!, the Artist, and involved Fans.
Disbursement of Campaign's monies: Monies collected by MusicMerchNow! for a Campaign will disbursed to cover the Artist’s recording and associated expenses (including MusicMerchNow!’s fee for running the Campaign) directly to the service providers involved. The Artist and MusicMerchNow! will agree together on which service providers are suitable for the Artist’s Campaign requirements, and MusicMerchNow! shall contract directly with these service providers for the Artists requirements. If MusicMerchNow! has reason to believe that Artist will not complete their Campaign obligations, MusicMerchNow! may cease to disburse funds for the Artist, and require that the Artist enter into discussions with MusicMerchNow! to address MusicMerchNow!’s concerns regarding the completion of the Campaign obligations. If the Artist and MusicMerchNow! are unable to reach a satisfactory agreement regarding the outstanding Campaign obligations of the Artist, MusicMerchNow!may terminate the Campaign and refund monies to Fans of the Campaign in proportion to the amounts remaining in the account for the Campaign. Interest on all funds held shall accrue to the benefit of MusicMerchNow!
Chargebacks and Refunds: If, for any reason, MusicMerchNow! is required to refund monies to Fans of a Campaign, the Artist will fully compensate MusicMerchNow! 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 publishing and recordings they create through or result from their Campaign. Artist grants to MusicMerchNow! 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 Campaign via any means developed, owned, or controlled by MusicMerchNow! or its partners solely for the purposes of promoting the Artist’s Campaign or MusicMerchNow!. Artist also grants to MusicMerchNow! a non-exclusive, worldwide license to (i) 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) 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 Campaign or MusicMerchNow!. Notwithstanding the foregoing, Artist acknowledges and agrees that MusicMerchNow!’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 MusicMerchNow! with the rights granted herein; (iii) MusicMerchNow!’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 MusicMerchNow! 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 MusicMerchNow!’s complete performance of this Agreement, or with the rights granted to MusicMerchNow! herein; and (vii) MusicMerchNow! 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 MusicMerchNow!, its parent companies, subsidiaries, affiliates, and their respective directors, officers, employees, members, partners, 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 its participation in the service. If, for any reason, MusicMerchNow! is required to pay any taxes or other financial obligations on behalf of an Artist or related in any way to an Artist’s Campaign, Artist shall fully reimburse MusicMerchNow! for those amounts immediately on being informed of these payments.
Code of Conduct
Principles: musicmerchnow.com (“MusicMerchNow!”) is an online service that facilitates music fans (a “Fan”) contributing to the recording costs of independent musicians (the “Artist”) music and also (optionally) to contribute to a charity designated by the Artist (the “Charity”) (collectively, the “Service”). In order to facilitate this we require that all users of the Service abide by this Code of Conduct. MusicMerchNow! may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the musicmerchnow.com 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:
• acting in an abusing or threatening way;
• intimidating or impersonating anyone;
• any illegal acts;
• any infringement of intellectual property rights;
• any commercial activities not approved in writing by MusicMerchNow!
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 to, a MusicMerchNow! 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 MusicMerchNow!;
• 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 MusicMerchNow!’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 MusicMerchNow! website; or
• use any form of automated device or computer program that enables the submission of postings on MusicMerchNow! 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”
Privacy Policy
Who we are
MusicMerchNow!, LLC. is a direct-to-fan sales and social platform that provides a unique experience between artists and fans. We provide target Campaign services, album and merchandise pre-sales, and retail options for the artist to market their unique brand to their fan-base.
We collect personal information from the customer to provide user accounts, order placement, management, shipping, and social interaction on https://musicmerchnow.com . We also send periodic marketing email messages to our customers, as do our artist and label partners.
Our compliance representatives can be contacted directly here:
The personal data we would like to collect from you is:
Personal data type: Source
First and last name, full address,
and phone number Customer supplied
Credit card Customer supplied
IP address Customer supplied
Email address Customer supplied
Website URL Customer supplied
Birthdate Customer supplied
Sex Customer supplied
Facebook Profile (If logged in via Facebook)
- Email address
- User profile ID
- Public profile
- Friend list
- Birthday
- Likes
Facebook supplied
The personal data we collect will be used for the following purposes:
Email marketing
Periodic marketing emails from MusicMerchNow!, LLC..
Periodic contest emails from MusicMerchNow!, LLC..
Periodic emails from artists and/or labels who are contracted data processors for MusicMerchNow!, LLC..
Order and shipment processing
Status and processing email notifications.
Customer service email communications.
To pick, pack, and ship customer orders.
Payment and refund processing.
Our legal basis for processing for the personal data:
We obtain consent from the customer to allow processing of their personal data ( GDPR Article 6(1)(a) ).
Consent
By consenting to this privacy notice you are giving us permission to process your personal data specifically for the purposes identified.
Consent is required for MusicMerchNow!, LLC. to process both types of personal data, but it must be explicitly given. Where we are asking you for sensitive personal data we will always tell you why and how the information will be used.
You may withdraw consent at any time by contacting us on our website at https://musicmerchnow.com/gdpr.
Once we receive your request we will process it accordingly and notify you.
Disclosure
MusicMerchNow!, LLC. will not pass on your personal data to third parties without first obtaining your consent. The following third parties will receive your personal data for the following purpose(s) as part of the processing activities:
Retention period
MusicMerchNow!, LLC. will process personal data and store the personal data for the up to 5 years based on the following categories:
Purpose Timeframe Reason
Google Analytics: 4 years to improve customer experience
Transaction History: 1 year to process customer orders
Download Log: 5 years to process customer orders
Facebook User Data: 5 years for recommendations to customers
Your rights as a data subject
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organization.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review: in the event that MusicMerchNow!, LLC. refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain.
All of the above requests will be forwarded on should there be a third party involved in the processing of your personal data.
Complaints
In the event that you wish to make a complaint about how your personal data is being processed by MusicMerchNow!, LLC. (or third parties), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and MusicMerchNow!, LLC.’s data protection representatives.
Personal data
Under the General Data Protection Regulation (GDPR) personal data is defined as:
“any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
How we use your information
This privacy notice tells you how we, MusicMerchNow!, LLC., will collect and use your personal data. When signing up with the Service you will be asked to supply information which may include your name, address, telephone number, email address, credit card details, date of birth, or other information. When using the Service we may collect your browser type, OS type, IP address. We also store certain information in your browser called “cookies”. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Service. You can remove or block this cookie using the settings in your browser if you wish to disable this convenience feature.
We will also use your personal information for order processing, shipment processing, and customer support. From time to time your information will be used for email marketing purposes by MusicMerchNow!, LLC. and our third-party suppliers.
Why does MusicMerchNow!, LLC. need to collect and store personal data?
In order for us to provide you with order processing, shipment processing, and customer support we need to collect personal data. In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
In terms of being contacted for marketing purposes MusicMerchNow!, LLC. asks for your consent as you sign up for service.
Will MusicMerchNow!, LLC. share my personal data with anyone else?
We may pass your personal data on to third-party service providers contracted to MusicMerchNow!, LLC. in the course of dealing with you. Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfil the service they provide you on our behalf. This may include order processing, shipment processing, customer support, analytics, and/or email marketing. When they no longer need your data to fulfill this service, they will dispose of the details in line with MusicMerchNow!, LLC.’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.
How will MusicMerchNow!, LLC. use the personal data it collects about me?
MusicMerchNow!, LLC. will process (collect, store and use) the information you provide in a manner compatible with the US’s General Data Protection Regulation (GDPR) and all other applicable laws of the U.S. We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. MusicMerchNow!, LLC. is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices. Personal data may be held in addition to these periods depending on individual business needs.
Under what circumstances will MusicMerchNow!, LLC. contact me?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to rigorous measures and procedures to minimize the risk of unauthorized access or disclosure.
Can I find out the personal data that the organization holds about me?
MusicMerchNow!, LLC. at your request, can confirm what information we hold about you and how it is processed. If MusicMerchNow!, LLC. does hold personal data about you, you can request the following information:
Identity and the contact details of the person or organization that has determined how and why to process your data. In some cases, this will be a representative in the US.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of MusicMerchNow!, LLC. or a third party, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
If we intend to transfer the personal data to a third country or international organization, information about how we ensure this is done securely. The US has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this?
MusicMerchNow!, LLC. accepts the following forms of ID when information on your personal data is requested: Passport, driving license, birth certificate, utility bill (from last 3 months), current vehicle registration document, bank statement (from last 3 months), rent book (from last 3 months).
Principles: musicmerchnow.com (“MusicMerchNow!”) is an online service that facilitates music fans (a “Fan”) contributing to the recording costs of independent musicians (the “Artist”) music and also (optionally) to contribute to a charity designated by the Artist (the “Charity”) (collectively, the “Service”). To achieve this aim MusicMerchNow! collects and processes certain personal information (the “Personal Information”). MusicMerchNow! may modify the terms of this Privacy Policy , in our sole discretion, by posting amended terms to the musicmerchnow.com website and sending an update email to all customers. Your continued use of the Service indicates your acceptance of the amendments.
Abuse: Any improper collection or misuse of information provided on MusicMerchNow! is a violation of MusicMerchNow!’s General Terms and Conditions and should be reported here: http://www.musicmerchnow.com/site/contact
Credit Card Information and Security: MusicMerchNow! does not store credit card information. Credit card transactions are transmitted to a secure financial gateway, and we endeavor to protect the security of your payment information during transmission by using Secure Sockets Layer (SSL) technology. Credit card information is stored in an encrypted form by our payment gateway provider. MusicMerchNow! stores only the last four digits of any credit card with a reference ID for the payment gateway.
Children Under Age 13: MusicMerchNow! does not knowingly collect any information from persons under the age of 13. If MusicMerchNow! learns that a posting is by a person under the age of 13, MusicMerchNow! will remove that post.
Children Between the Ages of 13 and 18: We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
Conditions of Use: If you decide to visit MusicMerchNow! website, your visit and any possible dispute over privacy is subject to this privacy policy and our General Terms and Conditions, including limitations on damages, and jurisdiction.
Contacting MusicMerchNow!: If you have any questions about this privacy policy, please contact us. http://www.musicmerchnow.com/contact
Copyright Policy
Musicmerchnow.com is in compliance with international copyright laws including 17 U.S.C. 512 and the Digital Millennium Copyright Act (“DMCA”). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
• If you are a copyright owner or an agent thereof and believe that any file or other content or link infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512©(3)):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit MusicMerchNow! to locate the material;
• Information reasonably sufficient to permit MusicMerchNow! to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• If your notification complies with all of these requirements, you can contact MusicMerchNow! here: http://www.musicmerchnow.com/contact . Any notifications not complying with the above requirements will be ignored. Please allow 1-2 business days for an email response.