Terms of Use

Effective Date: August 15, 2019

Thank you for using themusic.fund (the “Website”), or the The Music Fund Mobile Application (the “TMF App”). By using the Website or clicking the “Sign In” button or downloading, installing, accessing or using the TMF App, you are agreeing to be bound by the terms of use described below (the “Terms of Use”), so please read them very carefully. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT (i) ACCESS OR USE THE WEBSITE OR THE TMF APP; (ii) CLICK THE “ACCEPT” BUTTON; OR (iii) DOWNLOAD THE TMF APP. These Terms of Use are provided on behalf of The Music Fund Advisors, Inc. and their affiliates (together, "The Music Fund”, "TMF", “we”, or “us”).

Privacy

Your privacy is very important to us. Our privacy policy explains how we treat your personal information and protect your privacy when you use our Website or the TMF App. We will not share or sell any of your information with any third party, except as specifically described in our privacy policy, which is hereby incorporated by reference into these Terms of Use.

Pre-Registrations and Fund Applications

You may be presented with the opportunity to pre-register and/or apply for funding through the Website or the TMF App. When pre-registering or applying for funding on the Website or the TMF App, you agree to provide current, complete, and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, The Music Fund has the right to terminate your fund pre-registration and/or application and to decline to provide any and all future use of the Website or the TMF App. We reserve the right to decline your application for funding.

Your Account

You may be required to create an account to use of the certain parts of the Website or the TMF App. When you create an account, you will be required to pick a user name and a password. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately.

Changes and Modifications

The Music Fund reserves the right to temporarily or permanently modify or discontinue the Website or the TMF App, or any portion of the Website or the TMF App, for any reason, at our sole discretion, and without notice to you. The Music Fund may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time, because your continued access or use of the Website or the TMF App after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Links

This Website or the TMF App may contain links to websites maintained by non-affiliated third parties. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of The Music Fund. The Music Fund does not endorse or recommend, and hereby disclaims any liability for, any information or products offered at such websites.

No Warranty

The Music Fund does not warrant the accuracy, adequacy or completeness of the information provided on the Website or TMF App and expressly disclaims liability for any errors or omissions in such information. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information. Calculators and tools on the Website or TMF App provide you with ESTIMATES that may be different than actual amounts.

Use of Personal Data

The Music Fund and its subsidiaries use third party service providers to retrieve certain personal data from non-affiliated financial institutions which hold accounts on your behalf. These service providers, including but not limited to Quovo, Inc., retrieve financial information such as holdings, balances and transactions. The Music Fund and its subsidiaries use this personal data for our business purposes in a manner that is consistent with our Privacy Statement.

The Music Fund and its subsidiaries may use your personal data, user data and other information collected through the Website or TMF App to help us improve the content and functionality of the Website or TMF App, to better understand our customers and markets, to improve our products and services and to effect and facilitate sales.

The Music Fund and its subsidiaries may use this information to contact you, electronically, through telemarketing or otherwise, in the future to tell you about, and to offer for sale, products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “opt out” of receiving future communications.

Consumer Communications

By accepting these Terms of Use, you expressly consent to be contacted by TMF, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your account, which includes, but not limited to, your user profile or any account used in connection with a product offered by The Music Fund, Inc. or its affiliates, at any telephone number, or any physical, email, or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave messages on your answering machine, voice mail, or send messages via text. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. TMF AND OUR AGENTS, REPRESENTATIVES, AFFILIATES AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E-MAILS OR OTHER MEANS.

  1. In order to access, view, and retain SMS Notifications that we make available to you, you must have: (i) a SMS-capable mobile phone, (ii) an active mobile phone account with a communication service provider; and (iii) sufficient storage capacity on your mobile phone.
  2. All SMS Notifications in electronic format from us to you will be considered “in writing.”
  3. There is no service fee for SMS Notifications but you are responsible for any and all charges, including but not limited to fees associated with text messaging, imposed by your communications service provider. Please consult your mobile service carrier’s pricing plan to determine the charges for sending and receiving text messages. These charges will appear on your phone bill. Message frequency depends on account status or settings. We may modify or terminate our text messaging services from time to time, for any reason, and without notice, including the right to terminate text messaging with or without notice, without liability to you.

Push Notifications (“Alerts”)

You agree to be contacted by TMF, our agents, representatives, affiliates, about your account activity, balances, and other information, such as payment reminders or suspicious activity. When you consent to these Terms of Use, you are agreeing to receive Alerts through push notification(s). Receipt of Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. TMF is not liable for losses or damages arising from:

  1. Non-delivery, delayed delivery, or the erroneous delivery of any Alert.
  2. Inaccurate Alert content.
  3. Your use or reliance on the contents of any Alert for any purposes.

The information in any Alert may be subject to certain delays. Each Alert may not be encrypted, and may include your name and information pertaining to your account(s). TMF may terminate your use of Alerts at any time without notice. You may choose to discontinue receiving Alerts by updating your TMF App Notifications preferences.

Call Recording

You agree that TMF and our agents, representatives, affiliates or anyone calling on our behalf may contact you on a recorded line.

Limitation of Liability

You agree that all access and use of the Website, the TMF App and their contents is at your own risk. In no event shall The Music Fund be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with the Website or the TMF App or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if The Music Fund, or representatives thereof, are advised of the possibility of such damages, losses or expenses.



TMF App/Website End-User License

License Grant and Restrictions on Use The TMF App/Website is licensed, not sold, to you by The Music Fund, Inc. for use strictly in accordance with the terms and conditions of the Terms of Use and this license. Upon downloading the TMF App, TMF grants you a personal, revocable, non-exclusive, non-transferable limited license to install and use the TMF App on your Mobile Device to access and use the Services for your personal, non-commercial use and display strictly in accordance with this license, your Account Agreements, these Terms of Use and any applicable Usage Rules (the “License”). This License is granted solely for the use and purpose as intended for the TMF App.

You agree that you shall not (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the TMF App; (ii) make any modification, adaptation, improvement, enhancement, translation, copy or derivative work from the TMF App; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the TMF App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TMF or its affiliates, partners, suppliers or the licensors of the TMF App; or (iv) create, design, engineer or use any “bot” or other technology in connection with the TMF App.

Intellectual Property Rights of the TMF App/Website

You acknowledge and agree that the TMF App/Website and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are owned by TMF or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to the TMF App are reserved by TMF and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to TMF, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but not limited to, copyright and trademark notices, from the TMF App or alter, obscure or modify such notices in any way. Except as expressly stated in this license, you are not granted any intellectual property rights in or to the TMF App by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by TMF.

You acknowledge and agree that, in the event of a third-party claim that the application infringes any third party’s intellectual property rights caused by or arising out of your use of the TMF App, you (and not TMF or any third-party Mobile Device service provider or App Venue) shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim or suit, any third-party claims or any other harm or damages caused by, arising out of or resulting from your use of or access to the TMF App. You hereby release TMF and its employees, officers, directors, affiliates, agents and licensors from any and all liability caused by, arising out of or resulting from your use of the TMF App or the Services, including from product liability claims or any claim that the TMF App fails to conform to any legal or regulatory requirement. You will, however, promptly notify TMF in writing of any such claim.

Because TMF values the protection of its intellectual property, it seeks to respect other individual’s intellectual property rights. If you believe that material on our TMF App violates your copyright, please notify us at info@themusic.fund. TMF will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary. If a member repeatedly infringes upon copyrights, his or her account may be subject to termination at TMF's discretion.

You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

Indemnification

You shall indemnify, defend and hold harmless TMF and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the TMF App; (ii) your breach of this License; (iii) your violation of law in connection with this License; (iv) your negligence or willful misconduct in connection with this License; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of the License.

Export Control

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Application for any purposes prohibited by United States law.

Term

This License shall be effective until terminated.

Termination

TMF may, in its sole and absolute discretion, at any time and for any or no reason and with or without prior notice, suspend or terminate this License and the rights afforded to you hereunder. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by TMF. Upon the termination of this License, you shall cease all use of the Application and uninstall the Application.

Applicable Law

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Website or the TMF App. Our Website and the TMF App is available only to individuals who are permitted to use it under applicable law. Additionally, the Website and TMF App are intended only for personal, non-commercial use and display by U.S. residents aged 18 years and over. If you do not qualify, please do not use our Website or the TMF App. You agree to comply with all applicable laws, rules and regulations regarding the export of technical data from the U.S. You agree to be solely responsible for your actions and the contents of your transmissions through the Website or the TMF App. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You represent and warrant that you possess the legal right and ability to enter into these Terms of Use and the License, and to use the Website or the TMF App in accordance with these Terms of Use. Unauthorized use of this Website or the TMF App, including but not limited to unauthorized entry into The Music Fund’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited.

These Terms of Use and the License shall be governed in all respects by the substantive laws of the State of California, without regard to its provisions relating to conflict of laws. You and The Music Fund agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within San Francisco County, California. The failure of The Music Fund to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use or the License is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use or the License remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Website, the TMF App, or these terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.



Please direct all questions or comments about these Terms of Use to info@themusic.fund

COPYRIGHT © The Music Fund, Inc. ALL RIGHTS RESERVED.

The Music Fund owns the copyright in all of the information and material contained in this Website and the TMF App. The contents of the website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and foreign copyright, patent, trademark, and other laws. Your right to use the Website and the TMF App is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Website or the TMF App, or use of or access to the Website or the TMF App, or any information or technology obtained from the Website or the TMF App, including, but not limited to, TMF's trademarks. If you believe that any material on this Website or the TMF App, including any material posted by members, violates your copyright, please notify us at info@themusic.fund. TMF will respond to all copyright infringement notices that it receives and respond appropriately by removing infringing material if necessary.