All types of accounts allow you to participate in fundraising campaigns, but the possibilities differ depending on the type. Explanations:
Artist:You are an independent musical artist and you want to launch fundraising campaigns on ILNU.Find out how ILNU can help you finance your projects!
Band:You are a music group and you want to launch fundraising campaigns on ILNU.Find out how ILNU can help your band!
Music Lover:You are a music enthusiast who wishes to support projects by participating in fundraising campaigns.Find out how you can help artists and bands fund their projects!
Label:You are a music label that wants to help and promote its artists.Find out how ILNU can help create and promote your projects!
Producer:You are a producer, manager who wishes to help and promote his artists.Find out how ILNU can help support your little ones!
Creator:You are a content creator (graphic designer, photographer, community manager…) and you want to participate in the development of projects launched by artists and groups…Find out how you can help artists and promote your talents!
GENERAL CONDITIONS OF USE
It is important to carefully read and understand these terms and conditions of use of the site. By agreeing to this agreement, you agree to abide by the following terms and conditions. If you do not agree with these terms and conditions and do not wish to abide by them, you will not have to accept them and will therefore not be able to benefit from the services offered by the ILNU Company on the site.
(A) These General Conditions of Use of the Site (hereinafter referred to as the “General Conditions”) describe the terms and conditions applicable to access to the Services offered on the Site.
(B) The Site is the exclusive property of the Company ILNU, a simplified joint-stock company with capital of €1,000, whose registered office is located 11 AV STEPHEN LIEGEARD 83400 HYERES, registered in the Trade and Companies Register of TOULON under number 899 933 469 (hereinafter referred to as the “ILNU Company”).
The name of the ILNU Company is also used as the trade name, the name of the electronic platform on the Internet and in reference to the Services offered on the Site to Members.
(C) The purpose of the Services offered by ILNU Company is to:
(i) the intermediation between Project Sponsors and Internet users via the Internet platform managed by ILNU Company for the purpose of facilitating their interactions and promoting the Projects presented on the Site, and (ii) The collection of Donations through the intermediation of the Crowdfunding or crowdfunding Site in order to enable Internet users to provide their support to the Project Promoters and to finance the realization of the Projects presented on the Site.
2. Definitions and Interpretations
For the purposes of this Agreement, capitalized expressions shall have the following meanings unless the context requires otherwise:
“Association” means any endowment fund, foundation or non-profit association subject to the law of 1 July 1901;
“Members” means an Internet user registered on the ILNU platform;
“Artist” means singers, musicians, bands, labels, record labels… ;
“Creator” means graphic designers, illustrators, visual artists, photographers, directors, videographers, writers, community managers, etc.;
“Contributor” means Members wishing to financially support projects;
“Campaign” means the method chosen by the Artists for the promotion of the Project;
“Counterparties” means information relating to a Project reserved for Internet users or any special advantages that the Artist and/or ILNU propose to make available to Internet users in exchange for their contribution. The proposed project counterparties are defined by the ILNU;
“Terms and Conditions” means these Terms and Conditions of Use of the Site applicable to Visitors who may be viewed on the Site by any Visitor and to which these Visitors must adhere in order to become a Member;
“Intellectual Property Rights” means all intellectual property rights as provided for in the Intellectual Property Code and national conventions and, in particular, copyright, neighbouring rights of performers and producers of phonographic and video graphics, trademark law, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights on all models, rights on all databases, know-how, whether registered or not or which may be registered or not and which remain in any part of the world;
“Donation or Contribution” means any sum in cash collected in favour of the Promoter of the Projects through the intermediation of the Site with Internet users in order to finance one or more Projects proposed on the Site;
“Company” means any legal person under public or private law (other than an Association);
“Individualised Space” means (i) in respect of an Artist, the account (including the username and password chosen by the Artist) and the space made available on the Site to present its Projects, and (ii) in respect of an Internet user, the account (including the username and password chosen by the User) and the personal space that is reserved for each User registered on the Site containing information about this Member, as well as the characteristics of the Projects proposed to Members, for their participation in the development of such Projects;
“Force Majeure” means any fire, flood, natural element or other natural disaster, any declaration or progression of hostilities, wars, riots or public disturbances, acts or omissions of the government or competent authorities, breakdowns, blockages, failures or variations of telecommunications installations or networks, or any other cause similar or not to the causes mentioned aboveAny breach or delay in the performance of its obligations under a contract;
“Business Day” means a day (other than a Saturday or Sunday) when banks are generally open in Paris;
“Internet user” means a Member who has registered on the site and/or who wishes to support one or more Projects proposed on the Site by contributing to Grants in favour of Project Promoters;
“STRIPE” means STRIPE Company, STRIPE INC, a foreign company not registered in the Trade Register, registered as SIREN 812425882, 354 Oyster Point Blvd, South San Francisco, CA 94080 (Mailing Address 3180 18TH STREET 99404 CA SAN FRANCISCO)
“Member” means the Project Promoters and Internet users registered on the Site on condition of having previously adhered to the General Conditions;
“Sponsor”: Institution, organization, media, association, public person or Company that supports projects presented by ILNU on or off-site. Either by a financial contribution or by giving them visibility outside ILNU.
“Fundraising Objective” means the amount of Donations sought by the Artist for the realization of a Project and open to collection from Internet users through the intermediation of the Site;
“Individual” means any natural person who is at least 18 years of age on the date of his registration on the Site having full legal capacity under the law applicable to him;
“Party” means, as applicable, the Company and/or any Member who has accepted the application of the General Conditions, and “Parties” means all of them;
“Donation Collection Period” means the period during which Internet users may contribute to the Donations through the Site and achieve the Donation Collection Objective necessary for the achievement of the Project;
“Production Period” means the period of time during which the Creator takes the steps necessary to carry out the Artist’s project, after obtaining the requested funding.
“Artist” or “Project Creator” means any Company, Association or individual registered on the Site with the aim of providing and promoting one or more Projects that will be carried out with the support of the Donations collected through the intermediation of the Site from Internet users;
“Project” means any for-profit or not-for-profit initiative carried out by an Artist and published on the Site in accordance with the General Conditions;
“Services” means the services offered by the ILNU Company, including (i) the intermediation between Project Promoters and Internet users via the Internet platform managed by the ILNU Company in order to facilitate their interaction and promote the Projects presented on the Site, and (ii) The collection of Donations through the intermediation of the Site in order to enable Internet users to provide their support to Project Promoters and to finance the implementation of Projects presented on the Site;
“Site” or “www.ilnu.org” means the crowdfunding site, the exclusive property of the ILNU Company, The purpose of which is in particular to enable Project Promoters to promote their Projects and Internet users to provide their support through the Donations collected on the Site for the realization of a Project;
“ILNU Company” means ILNU Company, a simplified joint-stock company with capital of €1,000, whose registered office is located in HYERES, Registered in the Trade and Companies Register of TOULON under number 899 933 469 and holder of the licence to establish electronic money in the EU and the United Kingdom. ILNU Company operates the Site and allows Members to make payments through the STRIPE platform as part of a Contribution to a Project Owner;
«Follow the project»: Users can follow projects without contributing financially. This action allows them to receive the information posted by the project promoters.
“Visitor” means any person who visits the Site to view the content and information posted on the Site without being registered on the Site or prior to being registered on the Site as a Member.
Unless expressly stated otherwise or if the context requires a different meaning:
(i) references herein to the Preamble and Articles mean, unless otherwise specified, references to the Preamble and Articles of the General Conditions;
(ii) words containing the plural must include the singular and vice versa;
(iii) the reference to a person includes an implicit reference to the transferees of his business and his successors, heirs or potential assigns;
(iv) the reference to a legal provision includes, where applicable, any amendment or new enactment of that provision and any legal, regulatory or ordinance relating to that provision or its new enactment; and
(v) the reference to a document is to that document as amended, novated or supplemented.
The purpose of the General Conditions is to define the terms and conditions for the provision of the Services on the Site by the ILNU Company for the purpose of enabling (i) Project Creators to promote Projects presented on the Site, and (ii) Users to support the financing of the realization of said Projects by the Donations collected through the intermediation of the Site.
The conditions of access to the Services are described respectively in Articles 4 and 5 of the General Conditions.
4. Site Availability Service
4.1 Site Ownership
The ILNU Company has developed and set up the Site which provides the interface between Artists and Creators who wish to associate Internet users with the realization and promotion of Projects designed and contributed by them and Contributors wishing to support the Projects proposed on the Site.
All Intellectual Property Rights relating to all computer programs, as well as all updates, new versions and copies of said programs made available to the Members through the Site are and will remain the property of the ILNU Company or its assignees, successors or assigns and no title relating thereto is transferred to the Members hereunder.
The ILNU Company grants to Members, who accept it, the non-exclusive and non-transferable right, for the duration of validity of this Agreement, to install access to the Site and to use the Site solely for the purpose of accessing the Services hereunder.
The Members acknowledge that any information relating to the Site, apart from the contents of the Site, is the exclusive property of the ILNU Company which is the sole owner of the rights relating to the Site and ensures its updating and maintenance.
The right to reproduce under the Intellectual Property Code is only for the purpose of single-panel representation and is strictly reserved for private use. Any reproduction, distribution or publication of content for commercial or collective use without prior written permission from the ILNU Company is prohibited.
The mechanism of links is allowed when pages related to the Site appear in an entire and isolated window, under their respective addresses.
Any Member shall refrain from using the Site for commercial purposes and generally from offering products and services in return for direct or indirect remuneration; it shall refrain from “reselling” or making available to a third party and/or other Members, for payment and/or free, access to the Site and the Services; it is forbidden to publish any advertising, promotion, or sponsorship message remunerating the Member in any form whatsoever.
4.2 Accessibility of the Site
The crowdfunding or crowdfunding site is accessible, as far as possible, 24 hours a day and seven days a week. While the ILNU Company has taken all the necessary steps to ensure the reliability of the information, Software and Services contained on the Site, it cannot be held responsible for errors, omissions, viruses or results that could be obtained or be the consequence of a misuse of these.
ILNU Company shall not be held liable for any technical problems or incidents that may arise and result in a risk of data loss. The ILNU Company is only bound by a simple obligation of means.
The Member declares and guarantees that it is fully aware of the characteristics and constraints of the Internet.
The equipment (computers, software, electronic means of communication, etc.) allowing access to the Services provided by the ILNU Company are the sole responsibility of the Member, as well as the electronic communication costs resulting from their use.
The General Conditions apply (i) for the Visitor: from his connection to the Site at the end of his navigation, and (ii) for the Member: from the creation of the Individualised Space until the closure of it.
Each Visitor has, in general, obligations to (i) comply with the laws and regulations in force, (ii) behave loyally towards the ILNU Company and other Visitors, (iii) respect the Intellectual Property Rights relating to the content provided by the ILNU Company and the Members on the Site, (iv) only communicate accurate and accurate data in relation to its civil status and personal details, and (v) Do not commit to a third party.
In case of violation of the conditions of access to the Site and use of the Services offered on the Site, the ILNU Company reserves the right to suspend access to the Site and use of the Services to the Members and Visitors concerned. Continued and repeated violations entitle ILNU to terminate this Agreement with respect to the Members and Visitors concerned with immediate effect.
4.3 Registration and identification of Members
Any visitor may access the Site to which he has access only a limited and presentation version. For full access, visitors are required to register.
The Visitor can register on the Site and thus become a Member by completing all the mandatory fields in the registration form available on the Site. Individuals at least 18 years of age, Companies and Associations are eligible to become Members of the Site Community.
The Member has the choice between various categories of members:
– Music Lovers/Contributor: Member using the social network and able to financially support projects
– Artist: Freelance artist, singer, musician, group, Label, Label, etc.
– Creator: graphic designer, illustrator, visual artist, photographer, director, videographer, editor, community manager, etc.
The email address entered during registration can only be used for a Member account.
After registering and creating the Individualised Area on the Site, the User may contribute to the Donations for the purpose of supporting one or more Projects proposed by the Project Promoters on the Site.
As an Internet user, the Member must read and accept the General Conditions (which can be consulted permanently on the Site).
When the conditions necessary for registration are met, the Member has a login and a password that are strictly personal and confidential and must not be communicated or shared with third parties. This information will allow the connection to the Individual Space dedicated to each Member.
In the event of dissemination or use of these elements contrary to their purpose, the ILNU Company will be free to terminate access to Individual Space. The Member remains solely responsible for the use of these identification elements by third parties or for actions or statements made through its Individual Area as a Member, whether fraudulent or not. The Member guarantees the ILNU Company against all requests as such.
If the Member wishes to sponsor a friend and provide the ILNU Company with the latter’s contact information, it undertakes to have obtained prior express consent from that friend to allow the processing of its personal data by ILNU Company, data which will only be used to send to this friend, in the name and on behalf of the Member who provided the ILNU Company with his contact details, an e-mail informing him about the ILNU Company and the Services offered on the Site. Where applicable, the Member shall provide such information voluntarily and freely and under its sole responsibility and shall notify ILNU Company accordingly.
4.4 Personal data of Members
The ILNU Company fulfils its obligations under the General Data Protection Regulation (GDPR). The processing of personal data as well as the rights offered to users are detailed in the personal data.
4.5 General information about cookies
A “cookie” is a block of data sent to your browser by a web server and stored on the computer’s hard drive. One or more cookies may be placed anonymously by the ILNU Company on the computer’s hard drive. In particular, they enable the ILNU Company to continuously improve the service offered on the site in the access to content, to recognize the visitor when he connects to the site, to facilitate the management of the site, and they can be used for statistical purposes (pages consulted, date and time of consultations, etc.). The visitor is informed that he can oppose their implementation by following the procedure indicated on his browser.
4.6 Responsibility for Content
All information provided by a Member hereunder shall be accurate and up-to-date in all material respects on the date it is provided or, where applicable, on the date it relates.
The Member guarantees the ILNU Company against any recourse of any person (including Members, Visitors, and more generally, third parties) regarding the reproduction and dissemination of this content and information.
The Member shall not fail to comply with any of the legal, regulatory and administrative provisions applicable to it, the non-compliance of which would prejudice its ability to meet its obligations hereunder. In particular, the Member holds all rights relating to the content and information provided to the ILNU Company and Visitors.
The Member undertakes to comply with all laws, regulations and contractual or other agreements applicable to it, if their non-compliance is likely to significantly affect its ability to perform its obligations hereunder.
5. Intermediation and Liaison Department
5.1 Presentation of Projects
As part of the Services offered on the Site, the Artists submit, through the ILNU platform, to a Creator(s) a presentation detailing the nature, the objectives, the main characteristics and the progress of the Project(s) they intend to develop with the support of Internet users in accordance with the present.
For the purpose of being considered by ILNU Company for possible promotion on the Site, the presentation of a Project must specify the Donation Collection Objective, the Donation Collection Period, and the Counterparties.
The characteristics and parameters of the Projects provided by an Artist, once accepted by ILNU and proposed on the Site in accordance with this, may no longer be modified by the Artist at the end of the Donation Collection Period. Any modification of the Project during the Donation Collection Period gives right to the withdrawal of Donations affected by a User. However, the Artist will be authorised during the Realization Period, to make modifications to the Project that are intended to improve the achievement of the objectives pursued by the Project or the Counterparties made available to Internet users.
It is the Artist’s responsibility to ensure that he has all the rights necessary to publish the Project on the Site and that he is in compliance with all the laws and regulations applicable to the design and implementation of the Project concerned. In particular, Artists shall refrain from bringing Projects (i) in violation of the laws and regulations in force, (ii) that may infringe on human dignity or the privacy of a person, (iii) contrary to good morals, or (iv) inciting or leading to illegal activity or any other activity that would infringe the rights of the ILNU Company and its co-contracting parties, Visitors, Members and, more generally, any third party.
L’Artiste est entièrement responsable de la présentation du Projet publiée sur le Site et doit s’assurer notamment que cette présentation ne saurait induire les Visiteurs en erreur. L’Artiste reconnaît que la fourniture d’informations trompeuses, incomplètes ou erronées est susceptible d’engager sa responsabilité à l’encontre de la Société ILNU et des Visiteurs et assume l’entière responsabilité des conséquences résultant de toute omission ou négligence à cet égard.
The Artist is entirely responsible for the presentation of the Project published on the Site and must ensure in particular that this presentation cannot mislead the Visitors. The Artist acknowledges that the provision of misleading information, Incomplete or erroneous is liable to incur liability against the ILNU Company and the Visitors and assumes full responsibility for the consequences resulting from any omission or negligence in this regard.
6. Conditions Applicable To Artists
6.1 Nature of Services Offered to Artists
The Site allows Users who wish to do so to have their Project(s) financed through the subscription of a pack on the Site.
The conditions applicable to Artists only apply to Projects animated by the Artist who creates and animates on the Site a community of Users supporting his Project. As such, the ILNU Company acts as a technical intermediary by providing the Artist with an online platform allowing him to finance, disseminate and promote his Project on a web page or a set of dedicated pages(s) audit Project.
6.2 Presentation of Projects
Artists who wish to promote their Projects and obtain funding, have the choice between different packs that they submit to different service providers listed on the platform.
Once the service provider(s) has been chosen, the Artist undertakes to provide clearly and precisely, for any proposed Project: the description of the Project and the Collection Period (maximum 80 days).
The characteristics and parameters of the Project are subject to the prior acceptance of the ILNU Company without obligation to justify its refusal and without guaranteeing in any way the Artist on the success of the Project or the authenticity of the information presented.
Indeed, the selection of content is essentially intended to verify the consistency and quality of the Project and is not intended to control the viability, feasibility or authenticity of the proposed Project.
For example, the ILNU Company will systematically refuse fanciful projects, devoid of seriousness, detached from any concrete reality and doomed to failure.
Once posted on the Site, the Projects may no longer be modified except to make corrections that are solely intended to improve the achievement of the objectives pursued by the Project.
It is the Artist’s responsibility to ensure that he has all the rights necessary to publish the Project on the Site and that he is in compliance with all the laws and regulations applicable to the design and implementation of the Project concerned. In particular, the Artists forbid to bring the Projects in violation of the laws and regulations in force, which may violate the human dignity or the privacy of a person, to the protection of the personal data of third parties (see in particular Charter of good conduct), contrary to good morals, or inciting or leading to an illegal activity or any other activity that would infringe the rights of the ILNU Company and its co-contracting parties, other Users and, more generally, of any third person.
The Artist is entirely responsible for the content of the presentation of the Project published on the Site and must ensure in particular that this presentation cannot mislead the Users.
The Artist acknowledges that the provision of misleading information, incomplete or erroneous is liable to incur liability against the ILNU Company and the Users and assumes full responsibility for the consequences resulting from any omission or negligence in this regard.
In case of death, incapacity, accident of the Artist or any other event placing him in the inability to conduct his Project, the ILNU Company is authorized to suspend the collection in progress. More generally, the ILNU Company may at its discretion cancel a collection in progress and delete a Project when it is found that the Artist contravenes the present.
In this case, all registered Contributions would be immediately cancelled, the Contributors concerned reimbursed and the Artist could not claim to recover the amounts collected.
The Artists acknowledge that they are firmly determined to implement all means to make their Projects a reality if they manage to collect the necessary Contributions.
They are invited to update their Projects on a regular basis and to share with other Users information about the current status of their Projects and their implementation.
They undertake to keep their contributors informed of the major progress of their Projects, even after the expiry of the Collection Period.
6.3 Promotion on and off the Site
As part of the management of the Projects and marketing operations of the ILNU Company, the ILNU Company is required to promote Projects, Services, the Site and/or the ILNU Company.
The Artist hereby agrees that the content and information provided shall be freely exploited by the ILNU Company for the purpose of promoting the Project.
Thus, the Artist grants to the ILNU Company, exclusively and free of charge, for the whole world and for the duration of this agreement, the rights as specified below, in order to enable the ILNU Company to provide the Service in the form of broadcasting on the Internet, on mobile telephone networks and/or on any other current public communication network.
As such, the Artist grants the Société ILNU the right, in particular:
use, as part of its communication and promotion of the Site, its name and the name and characteristics of the Project;
the right to reproduce and have reproduced the content and information provided on the Site on any network, by any process, in any known or unknown form, in association or not with other works of whatever nature as long as these operations are carried out in connection with the promotion of the Project;
represent or have represented all or part of the contents of the Project;
adapt or adapt all or part of the content of the Project.
Use the content created and shared by the Artist. The latter owns the intellectual property rights (such as copyrights and trademarks) of all the content it creates and shares on the Site. Nothing in these Terms deprives the Artist of the rights he has over his own content. The artist is free to share his content with whomever he wishes. However, in order to provide quality services, the Artist grants certain legal authorizations (called «licenses») for the use of the content.
This is solely for the purpose of providing and improving our Products and Services.
The Artist also expressly authorises the ILNU Company to promote and/or advertise the Project, and to distribute with the content advertising, commercial and/or promotional messages relating to third-party products or services.
The Artist also expressly accepts that the content and information provided are exploited on the Site with the presence of trademarks or logos of the partners of the ILNU Company.
Consequently, the risks involved in the development and execution of a Project, such as possible postponements and cancellations of a Project, are fully assumed by the Artists.
Artists may not arrange refunds at their sole discretion. The ILNU Company cannot be held responsible for refunds that will take place or not on collections of Contributions.
The Artist undertakes not to propose his Project or any related Project on any other website or internet platform of crowdfunding.
7. Project and campaigns
The ILNU Company makes available to the Artist a list of Creators and a private messaging system in order to agree with a Creator on the realization of a project.
Once the price is agreed and the campaign selected, the project is published and ready to be financed.
The Artist benefits from 8 different campaigns to appeal to the Creators:
1/ Digital web visual (promotional covers or images, events, virtual).This is a fundraising campaign to create, via one, or creators (graphic designers, photographers, illustrators, other?):
The cover of your future single or album, for web use and destination, in square digital format 6000X6000 Pixels max, 72 dpi.
Or the promotional or event poster in digital format, portrait, landscape, or square. (Examples: Cover photo, banner, profile, banner, etc.)
Included in the performance of the creator: the cessation of copyright in the exclusive framework of the campaign.
2/ Covers or booklets for singles and albums, with pressing and vinyl edition, with pre-order marketing at our partner Diggers Factory.
This is a fundraising campaign to create, through one, or creators (graphic designers, photographers, illustrators, visual artists, painters, other?):
3/ Event posters and promotional photos with impressions at our partner GAME EURL.
This is a fundraising campaign to create, via one, or creators (graphic designers, illustrators, photographers, other?):
4/ Video clips.
This is a fundraising campaign to create, through one, or creators (videographers, directors, artistic director, visual artist, other?):
This is a fundraising campaign to create, via one, or creators (editors, journalists, writers, lawyers, other?):
6/ Social media and Community Management.
This is a fundraising campaign to create, via a creator (community manager):
7/ Visual identity.
8/ Derivatives produced by our partner GAME EURL.
This is a fundraising campaign to produce, from the works of the creators of campaigns 01, 02 or 07:
8. Payment of Donations
The payment of Donations will be made using one of the means of payment proposed for the Project concerned, which may be for example the bank card and/or any other means of payment already offered on the Site or which will be integrated into the service in the future.
8.1 Payment of grants for projects located in the SEPA area (Europe) by STRIPE
The ILNU Company has chosen to rely on STRIPE for the management of electronic payment services by Bank Card, transfer or other payment methods offered.
For projects that have reached 100%, the amount of donations collected will be transferred to the Creator’s bank account provided that he has a bank account in the SEPA (Single European Payments Area) area.
For projects that have generated a surplus of donations, the surplus will be transferred to the Artist’s bank account provided that he has a bank account in the SEPA zone (Single European Payments Area).
The ILNU Company thus allows its Users to proceed with the payment through STRIPE. In order to use the Credit Card, Bank Transfer or Direct Debit payment system offered on the Site, the User must accept the Special Conditions of Use and the STRIPE General Conditions of Use made available on the Site. The User will be opened an account with STRIPE.
In particular, the User acknowledges that pursuant to the provisions of Articles L.561-2 et seq. of the Monetary and Financial Code, relating to the participation of financial bodies in the fight against money laundering and terrorist financing, STRIPE and ILNU Company as mandated distributor are bound by certain obligations.
In particular, they may carry out all the necessary steps to identify the User. The User undertakes to make every effort to allow the Company ILNU and STRIPE to carry out an in-depth review of the transactions, to inform them of any change in their professional situation, In this case, it is necessary to submit any document relating to this data.
The User acknowledges that the Company ILNU and STRIPE have set up surveillance systems for the purpose of combating money laundering and terrorist financing.
The User acknowledges that the Company ILNU or STRIPE may terminate or postpone at any time the opening of an account or the execution of a transaction in the absence of sufficient information on its object or nature. He is informed that a transaction carried out under this agreement may be reported to the National Financial Intelligence Unit (TRACFIN) in case of suspicion.
Thus, no prosecution based on articles 226-13 and 226-14 of the Penal Code and no civil liability action may be instituted or any professional sanction pronounced against the Company ILNU or STRIPE, their officers or servants who have made in good faith the declarations referred to in Articles L.561-15 et seq. of the French Monetary and Financial Code.
When the User makes a Contribution by Bank Card, transfer or other payment method offered by STRIPE, the amount of his Contribution is immediately debited from the User’s account.
If at the end of the Collection Period (maximum 80 days), the Financing Objective has not been met, the Contribution is cancelled and the amount of the Contribution is returned to the User’s Bank Account (before the end of 90 days)Either by cancelling the payment if it was made by card or by transfer where this is not possible. In the latter case, the amount of the Contribution shall be kept on the platform account until the latter communicates to the ILNU Company the bank details necessary for the successful completion of the repayment transfer.
If at the end of the Collection Period the Financing Objective has been met or exceeded, the total sum of the Contributions will be made available from the Creator and the Artist to their bank account and will therefore no longer be refundable to the User who made the Contribution via the system set up by ILNU and its partner STRIPE.
8.2 End of collection period
The Donations will be given to the Creator only at the end of the Collection Period and only if they meet the regulatory obligations of ILNU and STRIPE Company in the fight against money laundering and terrorist financing in accordance with Articles L.561-2 et seq. The Artist acknowledges that as long as its supporting documents (notably but not exclusively, proof of identity, domicile, statutes, K-bis, if applicable) are not received by the Company ILNU and STRIPE and declared compliant by them, Donations cannot be disbursed.
In the event that some Projects require further study to rule out any risks related to the fight against money laundering and terrorist financing, No dispute concerning any delay in the execution of the payments of the Donations to the bank accounts of the Artists could be raised by them against the Company ILNU or STRIPE.
In order to facilitate the verification of these documents, the Creator or the Artist may be invited by the ILNU Company by electronic means to begin the process as soon as 50% of the Donation Collection Objective is reached.
8.3 Disbursement of Donations following an Extension of the Collection Period
In the event that the Project Holder wishes to extend its Collection Period, subject to the agreement of the ILNU Company, the latter may benefit from an early disbursement under the same conditions of article 8.2 hereof.
8.4 Invoicing of Donations
The ILNU Company does not receive commissions from Contributors on Donations collected that are the responsibility of the Artist receiving the Donations.
For Project Holders receiving Grants, the fees for the Services provided by ILNU Company are calculated as a percentage of the amount of Grants collected through the Site. The applicable percentage is five percent (5%) including tax of commission Company ILNU to which is added bank transaction fees.
If the Project Owner has opted for a payment processing by STRIPE, the bank fee is on average two percent (2%) TTC and is invoiced by ILNU Company.
The Services fees are automatically deducted from the amount of Donations collected through the Site when the funds are paid into the Artist’s bank account that is the beneficiary of the Donations. This payment is made within 10 working days once the objective of the collection of donations is reached and the collection of donations necessary for the realization of the project is confirmed by the ILNU Company. The corresponding invoice is made available to the Artist in his Individualised Space on the Site as soon as the collection is successful.
8.5 Monitoring of Donations
The ILNU Company undertakes to communicate to each Artist the amount of each Donation made for its benefit, the date of payment of the Donation and, if applicable, the nominative data of the User within the limits of the strict necessary to the realization of the Project in accordance with the present. Users, Contributors, Creators and Artists may follow, during the Collection Period applicable to the Projects proposed on the Site, the evolution of the Donations collected for each Project supported in their Individual Space.
The Site will transmit to Internet users the information received from the Artists concerning the start-up and progress of the Projects supported, as well as, where applicable, the realization and the results of the Projects funded by the Contributors.
8.6 Tax Receipts
It is up to each Member to pay any applicable tax or associated tax, whether on Donations collected through the Site as an Artist, or on Donations provided by Internet users as support to the Project.
The Artists are responsible for establishing and transmitting directly to the User any tax receipts evidencing the contribution to Donations through the intermediation of the Site. It is up to each User to verify his eligibility to benefit from tax deductions on all or part of the Donations made through the Site, in accordance with the provisions of the French law in force. Any complaint concerning the production of said tax receipts and the information contained therein must be sent directly by the User to the Artist.
9. Referencing Projects
The Projects are listed on the Site in accordance with the rules set out below.
9.1 Musical Genre tab
On the homepage of the Site, in the «Typical projects» tab: Projects are listed in this tab according to several musical styles: Acoustic, classical, Punk, Soundtrack, alternative, ambient, blues, Country, Devotional, Disco, Electronic, Experimental, Folk, Funk, Hip-Hop/Rap, Jazz, Latin, Metal, Pop, R&B/Soul, Reggae, Rock, World Music.
For each musical style, the Artist has the possibility to submit a new project. It must on the dedicated page fill in the name of the project, a description of the project, the type of projects the musical style and choosing a professional (graphic designer, photographer, videographer, director, community manager, editor) associated with the project style.
The Projects are displayed:
Ongoing or successfully completed;
assets that have not been deleted; and
not having been the subject of a request for de-indexation by the Project Holder.
First, Projects in Progress are displayed, then Projects completed successfully. Then, the Projects with the nearest collection end date appear first.
9.2 Typical Projects Tab
On the Site’s home page, in the “Typical Projects” tab: Projects are listed in this tab according to several categories:
– Album covers and photos, digital web posters,
– Album covers with vinyl edition and sale,
– Printed photos and posters,
– Video clips,
The User has the possibility to register as a Creator (graphic designer, illustrator, visual artist, photographer, videographer, director, editor, community manager) and to this end offer his services that will appear according to the category chosen in this tab.
The Artist will have the opportunity to choose a Creator (graphic designer, illustrator, visual artist, photographer, videographer, director, editor, community manager), when creating the project.
Projects are sorted and displayed on the home page in the news feed:
from the most popular to the least popular: The calculation of popularity of the projects started takes into account the daily amount collected, the total number of views of the day, the number of days when a contribution was made on the Project, the total amount collected and the total amount expected.
From the most recent to the most recent,
The least needs at least needs,
Depending on the profile selected during registration,
9.3 Keyword Search
It is possible to perform a keyword search on the entire Site. The search bar is accessible at any time of the navigation.
The search result offers Projects responding to it. 12 Projects are displayed per page. Only Projects started, failed or successful are considered in the search. The name of the Project Leader and the description of the project are taken into account.
The keyword search also allows you to find the members registered on the ILNU website.
10. Validity, Amendments and Termination
10.1 These Terms and Conditions take effect from their publication on the Site and remain in force until they are partially or completely modified by the ILNU Company. The ILNU Company reserves the right to unilaterally modify the General Conditions at any time. The ILNU Company will inform the User of the changes by email. Each use of the Services offered on the Site by Visitors and Users constitutes acceptance of the latest version of the Terms and Conditions published on the Site.
10.2 These General Conditions may be automatically terminated:
(a) by Internet users at any time and without notice;
(b) by the Artists at any time under thirty (30) days notice;
(c) by ILNU Company in the event of interruption of access to the Site or the provision of the Services at any time under thirty (30) days’ notice;
(d) by the ILNU Company in the event of non-compliance by one of the Artists or Creators of the commitments made in these General Conditions which have not been remedied within seven (7) days of the notification of default sent by the ILNU Company.
Notwithstanding this termination, the Projects in the course of the Donation Collection Period or Realization Period, as well as the related Donations collected through the Site, will continue until the Projects are fully completed, and ILNU Company and Members undertake to respect their respective commitments hereunder.
10.3 In the event of non-performance, non-compliance or default by one of the Artists or Creators of an undertaking made in these General Conditions, the ILNU Company shall be entitled to claim any damages and interest due as a result of damage suffered by it.
10.4 From the effective date of termination of registration on the Site or of access to the Services, any publication of the contents relating to the Member concerned, as well as the promotion of its Projects previously published on the Site will be immediately stopped, and the Member concerned will no longer have access to its Individualised Area on the Site.
11. Duration of the relationship with ILNU
These Terms and Conditions apply throughout the term of use of the Site and until the account is closed for any reason.
12. Liability of the ILNU Company
(a) The ILNU Company takes the utmost precautions with regard to the operation and maintenance of the Site, and makes use of this only of the information and technical means that it considers reliable. However, the ILNU Company does not guarantee an error-free and uninterrupted operation of the Site, nor the accuracy or updating of its content. ILNU Company expressly disclaims all liability in this respect. Furthermore, the ILNU Company may change the content and functionality of the Site without notice and therefore requests Members to refer to it regularly. Unless expressly stated otherwise, any new feature that improves or increases one or more existing Services, or any new Service launched by the ILNU Company on the Site will be subject to the Terms and Conditions.
(b) The liability of the ILNU Company cannot be incurred, except gross negligence or fraud, for any act or omission, failure, partial performance or delay in the performance of its obligations in connection with the damage or loss suffered directly or indirectly by the Member as a result of an act or omission of another Member or any other person related to the latter.
(c) The ILNU Company may not be held liable to a Member or to any third party for any degradation, suspension or interruption of the Services attributable to the Force Majeure, by a Member or a third party, and the inevitable risks that may arise from the technical and complex implementation of the Services.
(d) Members are solely responsible for the entirety of the content they transmit on the Site and the resulting consequences. Thus, Members guarantee not to transmit content constituting a violation of Intellectual Property Rights, a breach to persons (including defamation, insults, insults, etc.), respect for privacy and personal data ( Visitors and Members must in particular ensure that they do not communicate personal data of third parties without their authorization), a breach of public order and good morals (including apologies for crimes against humanity, incitement to racial hatred, child pornography, etc.). The transmission of said contents is strictly prohibited. In the event of violation of the laws in force, the customs, the present conditions of use or for any other reason freely interpreted, ILNU Company reserves the right to exclude for a limited period or permanently Members who are guilty of such offences and to delete information and references to such information.
(e) ILNU Company endeavours to keep the Site accessible 24 hours a day, seven days a week, but is not bound by any obligation of result. The ILNU Company may therefore interrupt access to the Site, particularly for maintenance and upgrade reasons. Access may also be interrupted for any other reason. The ILNU Company shall under no circumstances be held liable for such interruptions and the consequences that may result for Members or any third party. It is also recalled that the ILNU Company may terminate or modify the characteristics of the Site at any time, without notice. Under no circumstances can the ILNU Company be held responsible for any loss or deterioration of this data. Any information or advice provided by the ILNU Company cannot be interpreted as any guarantee. In addition, hypertext links may lead to a consultation of external websites managed by third parties. On these websites, ILNU Company has no control and assumes no responsibility for their content.
(f) In particular, the ILNU Society provides members with a forum for expression (comment spaces) on the Projects presented by the Project Promoters. Société ILNU does not intend to assume any editorial responsibility for opinions, reports, advice, texts or any other content exchanged in connection with its Services. ILNU Company disclaims all liability resulting from the possible violation of the rights of third parties. Members are solely responsible for the content and data they post online as part of the forum and comment spaces and undertake that the information published does not violate any legal or regulatory provisions in force. In particular, Members shall refrain from posting any manifestly or potentially unlawful content, regardless of the medium (sounds, texts, images, videos, etc.).
The ILNU Company does not exercise upstream moderation on messages and content posted by Members, or to which the Site is likely to refer. It acts as a hosting provider within the meaning of Article 6 I 2 of the LCEN (Law for Confidence in the Digital Economy, No. 2004-575 of 21 June 2004), and thus engages in a simple storage activity.
(g) ILNU Company is not obligated to do or refrain from doing anything that would violate, or in its reasonable opinion would compel, any law, regulation, or duty of confidentiality.
(h) The ILNU Company may in no case be held liable for any damage, whether it be for contractual, quasi-tort or any other reason, by reason of any action or fact occurring after the date of expiry or termination of this Agreement.
(i) The ILNU Society does not provide advice to Members. In this respect, the ILNU Company cannot in any way be held responsible for the consequences of the contribution of the Donations. In particular, ILNU does not provide any recommendations or opinions on the tax consequences for Internet users and Project Promoters. Each Member should inquire about its tax obligations arising from the contribution and collection of Donations.
13.1 Modes of notification
Any notification, request or communication made in execution of the General Conditions must be made by a written document sent, by any means, to the party concerned.
Any notification, request or communication to be made and any document to be issued by one Party to another Party in performance hereof shall be made in accordance with the following:
(a) For ILNU: Attention: email@example.com
(b) Concerning Members: To the address, telephone number, email address, service or responsible name indicated by the Member on his Individual Area.
13.3 Notifications shall be deemed to be made:
(a) by registered letter with acknowledgement of receipt: on the date of first submission of the registered letter by the postal services, the date indicated on the receipt being proof of the date
(b) by hand delivery: on the date indicated on the receipt signed by the recipient or any of his employees or servants.
(c) by electronic communication: on the date indicated on the sending message provided that it has been received in legible form.
14. Miscellaneous Stipulations
In the event that one or more stipulations contained in the General Conditions are declared void, the validity of the other stipulations herein is in no way affected.
The stipulations declared void shall, in accordance with the spirit and subject-matter hereof, be replaced by other valid stipulations, which, having regard to their scope, are to the full extent permitted by law, the stipulations declared void.
Unless otherwise stipulated, the General Terms and Conditions contain in a complete and exclusive manner all the terms applicable to the subject matter hereof and cancel and replace all previous negotiations, communications, declarations and commitments, whether oral or written, between the Parties as to the subject matter hereof.
14.3 Independence of Members
The Member uses the Site and the Services offered on the Site in a totally independent manner and its registration on the Site and the collection of Donations are not constitutive, vis-à-vis the ILNU Company, of any relationship of subordination, Agency, ILNU Company in fact or in participation or representation.
The ILNU Company reserves the right to assign to any third party of its choice all or part of its rights and obligations under these General Conditions, which the Member accepts without reservation.
14.5 Claims Management and Mediation
In the event of a dispute, you may submit a written complaint to: firstname.lastname@example.org
We undertake to acknowledge receipt of your complaint within 10 working days and to provide you with a definitive response within 2 months.
We will do our utmost to find a solution adapted to your request, as soon as possible.
You can also read the dedicated article on our FAQ.
If you are not satisfied with the response provided by our service or in case of no response within 2 months, you can contact the consumer mediator chosen by the association Financement Participatif France of which our platform is a member – MEDIATION-NET Consumption:
On the mediation site www.mediation-net-consommation.com (tab dedicated to consumers)
By post: MEDIATION-NET Consumption, 34 rue des Epinettes 75017 Paris
The solution proposed by the Mediator does not impose on the parties, who remain free at any time to leave the mediation process.
The mediation of consumption:
applies only to natural person contributors;
is limited to relations between funders and platforms (excluding relations with a project leader or a Payment Services Provider)
In the absence of an amicable solution, the most diligent party shall refer the matter to the competent courts.
15. Applicable Law
The General Conditions are subject to French law for their validity, interpretation and enforcement.
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