General Terms and Conditions
Acceptance of Terms
Tao Records LLC DBA Infiniti Music presents Fanmix (“Fanmix”) as an online service that facilitates music fans (a “Pledger”) 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.fanmix.com. The use of the Fanmix Service by an Artist to raise money from Pledgers 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. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. Fanmix may modify the terms of this agreement, in our sole discretion, by posting amended terms to the Fanmix.com 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 to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Fanmix. Further your use of the Service will be in conformity with the Fanmix Code of Conduct, which is incorporated by reference into this agreement. Fanmix may remove any content or account at any time for any reason at its sole discretion.
To report any abuse of the Service please use the contact form at: https://fanmix.com/contact-us
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. Fanmix 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. Fanmix 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 Fanmix 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. Any funds generated for charitable or other causes promoted via any Content by the Artist may be used at the sole discretion of the Artist. You acknowledge that Fanmix does not pre-screen or approve Content, but that Fanmix 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
Tao Records LLC, Infiniti Music, Fanmix, Fanmix.com, the Fanmix logo, and other names, logos, icons and marks identifying Fanmix products and services are trademarks of Tao Records LLC and may not be used without the prior written approval of Tao Records LLC. All rights not expressly granted in this agreement are reserved.
Fanmix may terminate or suspend any and all Services, and your Fanmix 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 Fanmix account, you may simply discontinue using the Services or contact Fanmix through http://www.fanmix.com/contact-us (all termination request 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 FANMIX 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 FANMIX ARE PROVIDED ON AN “AS IS” BASIS. FANMIX 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. FANMIX MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM FANMIX WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES FANMIX 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 FANMIX 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 FANMIX IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FANMIX’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 FANMIX FOR THE SERVICE, BUT IN NO CASE WILL FANMIX ’S LIABILITY TO YOU EXCEED £200. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO FANMIX 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 FANMIX, REGARDLESS OF THE CAUSE OF ACTION.
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 LIMITED UNDER APPLICABLE LAW.
Fanmix may provide links to other websites or resources, however Fanmix 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 Fanmix 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.
You agree to indemnify and hold Fanmix, 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 Fanmix, your use of the Service or Fanmix, your conduct in connection with the Service or Fanmix or with other users of the Service or Fanmix, or any violation of this Agreement, any law or the rights of any third party.
This agreement constitutes the entire agreement between you and Fanmix regarding the use of the Service, superseding any prior agreements between you and Fanmix relating to the Service. The failure of Fanmix 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 Fanmix unless it is made in writing and signed by a director or officer of Fanmix.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the law of the State of California, 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 California. 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.
Terms Applicable to All Fanmix 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. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised 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 items such as concert tickets, books, albums, videos, t-shirts and other goods both physical and digital (Merchandise).
Dispatch times for Merchandise 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 Fulfilment Date is displayed on the checkout page of each Store Front Campaign. We will confirm to you when the Merchandise which you ordered have been dispatched to you by the Artist. However, delivery times may vary depending on the territory in which the Pledger resides. If the Artist anticipates that Merchandise due to a Pledger will not be sent by the Fulfilment Date, you will be notified of the delay in delivery and informed of the new Fulfilment Date (the Pledger will be entitled to a full refund in relation to any Merchandise not dispatched).
Whilst we try and ensure that all details, descriptions and prices which appear on the website are accurate, errors may occur. If we discover an error in the price of any Merchandise which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Merchandise, you will receive a full refund. Where applicable, prices are exclusive of VAT at the prevailing rate.
Unless otherwise noted in the item description and/or project disclaimer, Shipping & Handling costs will be charged when you place an order. Shipping & Handling costs are displayed where applicable and included in the total price you pay at checkout. The Pledger shall be solely responsible for any customs, excise tax and import fees incurred in relation to any Merchandise order.
All orders are subject to availability. All prices advertised are subject to change. We retain the right to refuse any order made by you.
It is your obligation to keep delivery information for order up to date. Refunds will not be given for orders shipped to the wrong address.
Code of Conduct
Fanmix is an online service that facilitates music fans (a “Pledger”) 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. Fanmix may modify the terms of this Code of Conduct, in our sole discretion, by posting amended terms to the Fanmix.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:
- to act in an abusing 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 Fanmix
You will not to 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, a Fanmix 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 Fanmix;
- 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 Fanmix’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 Fanmix website; or
- use any form of automated device or computer program that enables the submission of postings on Fanmix 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”
Terms Applicable Crowdfunding Project Payments
Fanmix 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 Pledge, at any time between the making of the Pledge and the collection of funds.
You may cancel your Pledge at any time prior to us notifying you that the Crowdfunding Campaign has reached its Pledge Target by logging onto the Fanmix website and going to the "Orders" section and clicking "See pledge details" . If the Crowdfunding Campaign has reached its Pledge Target, then click "Contact us about this pledge" to request a cancellation.
Once a Crowdfunding Campaign has reached its Pledge Target, any refunds given to a Pledger are at Fanmix’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 Fanmix will only refund funds back to the original credit or debit card used to make the Pledge.
Responsibility for fulfilling the Crowdfunding Campaign lies entirely with the Artist, and Pledgers make Pledges entirely at their own risk. We do not represent that Pledges will be used as described by an Artist and Fanmix will not be responsible for the failure by an Artist to meet any commitments in relation the Crowdfunding Campaign or for the misuse of Pledges by the Artist. Fanmix may, at its sole discretion, refund Pledgers for exclusives not received and incomplete Projects.
Fanmix will engage in commercially reasonable efforts to collect monies committed by Pledgers, however Fanmix does not guarantee that it will collect the full amount of money committed by Pledgers. Fanmix reserves the right to terminate a Crowdfunding Campaign and refund all Pledgers payments at any time for any reason.
Terms Applicable to Non-Target Project Payments
As well as Crowdfunding Campaigns, you may pre-order or immediately purchase items ( Order ). The Artist’s Store Merchandise, which may be immediately purchased and some which can only be pre-ordered. Each Artist’s Store shall specify which Merchandise can be purchased immediately indicated by Buy or Order buttons and which needs to be pre-ordered indicated by Pre-Order buttons.
Dispatch times for immediate purchase Merchandise without a Fulfilment Date may vary according to availability and no guarantees or representations are made as to delivery times.
Supplemental Terms and Conditions for Artists
Fanmix is an online service that facilitates music fans (a “Pledger”) 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.fanmix.com. The use of the Fanmix Service by an Artist to raise money from Pledgers shall be referred to as a “Campaign”. These Supplemental Terms and Conditions govern the relationship between Fanmix and an Artist in relation to the Service.
In signing up to use the Service, or during their Campaign, Artists may be requested to provide information to Fanmix relevant to their Campaign. Artists will provide this information promptly and in good faith, and provide all other assistance and information reasonable requested by Fanmix.
Fanmix will deduct its fee before transmitting the proceeds of a Campaign (Crowdfunding or Store Front) to you. Our standard rate of commission begins at 15% of the gross amount of the Target Pledge in relation to Crowdfunding Campaigns and begins at 15% of each payment in relation to Store Front Campaigns.
International payments and certain payment methods may give rise to higher payment processing costs. Payment costs will be paid by the Pledger and will be displayed at checkout.
Prior to having received any payment from Fanmix in relation to any Campaign, you may cancel the Campaign at any time (Fanmix shall be responsible for any refunds due to the Pledger). However, if you have received payment from Fanmix in relation to a Campaign you wish to cancel you are solely responsible for any refund that may be due to Pledgers up to the total amount received from Fanmix by you in relation to that Campaign.
Some Pledges cannot be collected (for instance, when a Pledger’s credit card expires before a Pledge has been paid in full, and they do not provide updated payment information). Although, Fanmix will make reasonable attempts to contact a Pledger whose payment method is declined in order to rectify the issue, in such circumstances we cannot guarantee that the amount of the Pledge you receive will be exactly equal to the Target Pledge minus Fanmix’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 Crowdfunding Campaigns:
Fanmix shall transfer to the Artist 60% of the Pledge Target, net 30 days following the later of:
- The Campaign reaching its Pledge Target;
- Fanmix receiving 100% of the Pledge Target in cleared funds; and
- The Artist making available for public consumption the project to which the Campaign and pledges relate.
The remaining 25% (of the set target amount) due to the Artist ( Retained Funds ) shall be paid to the Artist upon the Artist’s successful upload of the digital core component to be released to the Pledgers. In the event that there is no core digital content to be released by the Artist, the Retained Funds shall be paid to the Artist in accordance with a pre-determined schedule agreed by both Fanmix and the Artist.
Once the project 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 project achieves the completed state.
In relation to Store Front Campaigns:
Fanmix shall transfer to the Artist 51% of the proceeds of each Merchandise, on net 30 days following the later of:
- The fulfilment date (being the date on which the Artist has committed to provide the relevant Merchandise); and
- Fanmix receiving 100% of the proceeds of the Merchandise in cleared funds.
Once the project 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 project achieves the completed state.
If the Artist wishes to receive payments other than as detailed above (Special Payment Request), Fanmix will assess each Artist request and will have sole discretion to decide whether the request is complied with. An Artist must send the Special Payment Request to the campaign manager the week before he hopes to be paid the requested funds. Fanmix shall assess the request on, among other things, the total number of Merchandise due to be fulfilled versus the total Campaign funds left in balance.
Withdrawal before Pledge Target
Artists may at any time before reaching their Pledge Target, but always on 30 days notice, withdraw from the Service and terminate their Campaign by contacting Fanmix here: https://www.fanmix.com/contact-us and providing details of their reasons.
Withdrawal after Pledge Target
Artists who have reached their Pledge Target are committed to completing and recording and distributing their album. If for any reason this is not possible the Artist must immediately inform Fanmix of this fact, and cooperate fully and in the utmost of good faith with Fanmix to address this situation in a way that is consistent with the interests of Fanmix, the Artist, and involved Pledgers.
Disbursement of pledged monies
Monies collected by Fanmix for a Campaign will be held on account for the Artist. Fanmix will immediately make any Charitable Contributions required by the Campaign in the Artist’s name, and then disburse funds to cover the Artist’s recording and associated expenses (including Fanmix’s fee for running the Campaign) directly to the service providers involved. The Artist and Fanmix will agree together on which services providers are suitable for the Artists Campaign requirements, and Fanmix shall contract directly with these service providers for the Artists requirements. If Fanmix has reason to believe that Artist will not complete their Campaign obligations Fanmix may cease to disburse funds for the Artist, and require that the Artist enter into discussions with Fanmix to address Fanmix’s concerns regarding the completion of the campaign obligations. If the Artist and Fanmix are unable to reach a satisfactory agreement regarding the outstanding campaign obligations of the Artist Fanmix may terminate the Campaign and refund monies to Pledgers 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 Fanmix
ChargeBacks and Refunds
If, for any reason, Fanmix is required to refund monies to Pledgers of a Campaign, the Artist will fully compensate Fanmix for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs .
Artist shall fully own all the intellectual property to all publishings and recordings they create through or result from their Campaign. Artist grants to Fanmix 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 Fanmix or its partners solely for the purposes of promoting the Artist’s Campaign or Fanmix. Artist also grants to Fanmix 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 Campaign or Fanmix. Notwithstanding the foregoing, Artist acknowledges and agrees that Fanmix’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 Fanmix with the rights granted herein; (iii) Fanmix’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 Fanmix 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 Fanmix’s complete performance of this Agreement, or with the rights granted to Fanmix herein; and (vii) Fanmix 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 Fanmix, 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 its participation in the service. If, for any reason, Fanmix is required to pay any monies relating either directly or indirectly to an Artist’s campaign, Artist shall fully reimburse Fanmix for those amounts within 30 days of being informed of these payments.