Music Arts Design (MAD) SAL
Effective January 27 2017.
In these Terms, we refer to those marketing their projects and seeking financing thereof as “Campaign Owners” and to their marketing and financing campaigns as “Campaigns.” We refer to those financing as “Contributors” and to the funds they advance as “Contributions.” Campaign Owners, Contributors and other visitors to the Services are referred to collectively as “Users.”
MAD is a Venue
MAD is an online venue for people and entities seeking to market and finance their own Campaigns and to contribute to the Campaigns of others. Campaign Owners can offer gifts or rewards in the form of tangible items or intangible services (collectively, “Perks“) to Contributors. Perks are not offered for sale. MAD makes no representations nor warranties about the quality, safety, suitability, morality or legality of any Campaign, Perk or Contribution or the truth or accuracy of User Content (as defined below) posted on the Services. MAD does not represent nor guarantee (whether expressly or implied, directly or indirectly) that Campaign Owners will deliver Perks or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not constitute any financial intermediation activities within the meaning of applicable Lebanese laws and regulations.
Eligibility to Use the Services
Users under 18 years of age are not eligible to use the Services without consent. Users between the ages of 13 and 17 can use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years old, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for such use of the Services.
Users who (i) have been convicted with illegal activities (including cyber-crimes, drug-trafficking, etc.) and (ii) are acting in contravention of any applicable anti-money laundering or other regulations or conventions of the Republic of Lebanon or other international jurisdictions, or on behalf of terrorists, terrorist organizations or narcotics traffickers, including those persons or entities that are included on any relevant lists maintained by the United Nations, the Financial Action Task Force, the United States Office of Foreign Assets Control and/or the United States Securities and Exchange Commission, all as may be amended from time to time, are not entitled to use the Services.
Users suspended from using the Services are not eligible to use the Services. MAD reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.
Campaign Owners are not permitted to create a Campaign to market and seek financing for illegal or immoral activities, to cause harm to people or property, or to scam others. Campaigns claiming to do the impossible or deceiving are strictly prohibited. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Perks and using Contributions. Campaign Owners shall not make any false or misleading statements, or omit to make material statements, in connection with their Campaigns.
Campaign Owners are not permitted to offer or provide any of the following as a Perk:
- any form of securities or financial instruments;
- any form of financial incentive or participation in any profit sharing;
- any tobacco or alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any controlled substance or drug paraphernalia;
- any weapons, ammunition and related accessories;
- any form of lottery or gambling;
- any human remains, such as bones or skulls;
- any form of air transportation;
- any products or services with sexual content or offending the Lebanese public order; or
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person’s rights if distributed.
MAD is not a place for hatred, abuse, bigotry, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not, inter alia:
- use the Services to promote violence, degradation, subjugation, discrimination, bigotry or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, or gender identity;
- post images or videos that are sexually explicit or post links to sites that contain sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections or other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services;
- take any action that imposes, in MAD’s sole discretion, an unreasonable load on MAD’s infrastructure; or
- represent products created by others as your own creation, or act as a reseller of other’s products.
MAD reserves the right to remove Campaigns and terminate User Accounts (as defined herebelow) for such activities without the obligation to notify the Users or even assigning any reasons for its actions.
Prohibited Visual Elements in Campaign Images
Campaign Owners are not permitted to do any of the following with Campaign images:
- incorporate MAD colors and branding elements, including but not limited to logos, colored frames, borders or badges;
- include any visual element that could be interpreted to have been produced by MAD, including but not limited to banners, progress bars or funding stats;
- include any visual element that communicates endorsement by MAD.
MAD reserves the right to remove Campaigns and terminate User Accounts for such activities without the obligation to notify the Users or even assigning any reasons for its actions.
Disputes between Campaign Owners and Contributors
Campaign Owners are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Perks). MAD does not recognize any third party and/or agency affiliated with the Campaign as a Campaign Owner. If a Campaign Owner is unable to perform on any promise and/or commitment to Contributors, the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may include the issuance of a refund of Contributions by the Campaign Owner. MAD is under no obligation to become involved in disputes between Campaign Owners and Contributors, or Users and any third party and shall be indemnified and held harmless against any liability that may arise in this respect. In addition, MAD is under no obligation to become involved in disputes regarding the determination of the rightful Campaign Owner, and will not be obligated to make any changes to Campaign Owner accounts or transfer of ownership and shall be indemnified and held harmless against any liability that may arise in this respect. In the event of any dispute, such as a Campaign Owner’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Perk, we may provide the Campaign Owner’s contact information to the Contributor so that the two parties may resolve their dispute without any liability on MAD whatsoever.
All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. Users agree to notify MAD immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide, in a timely manner, additional information MAD may reasonably request and to answer truthfully and completely any questions MAD might ask you in order to verify such User’s identity. MAD shall not be responsible from the accuracy of the information contained in the User Accounts.
License to Users
MAD grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
Campaign Owners are permitted to offer Perks to Contributors. Campaign Owners are legally bound to perform on, and duly deliver, any promise and/or commitment to Contributors (including due deliverance of any Perks). This commitment includes shipping Perks to MAD Contributors before fulfilling any orders received after the Campaign has ended. For Campaign Owners participating in programs with our retail partners, failure to ship orders to MAD Contributors first may result in removal from such retail partnership programs. Campaign Owners will respond promptly and truthfully to all questions addressed to them by MAD or any Contributor. If any Campaign Owner is unable to fulfill any of its commitments to Contributors (including delivering any Perks), the Campaign Owner will work with the Contributors to reach a mutually satisfactory resolution, which may, at a minimum, include refunding their Contributions. Campaign Owners will comply with all applicable laws and regulations in the use of Contributions and delivery of Perks. Campaign Owners are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Perks. MAD may attempt to verify the identity and other information provided by Campaign Owners, and MAD may (but is not obliged) delay, withhold, reverse or refund any Contributions or other amounts without notice or liability in the event MAD is unable to verify any such information to its satisfaction. Campaign Owner eligibility is subject to MAD’s review of its track record. MAD reserves the right to prohibit or remove a Campaign if the Campaign Owner is delayed by three months or more in fulfilling a prior project on MAD or another platform.
Contributors are solely responsible for asking questions and investigating Campaign Owners and Campaigns to the extent they feel is necessary before making a Contribution. MAD hereby recommends that the Contributors investigate and carry out all required due diligence on Campaign Owners and Campaigns to which they consider making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. MAD does not guarantee (in any way whatsoever) that Contributions will be used as promised and/or projected, that Campaign Owners will deliver Perks, whether fully or partially, or that the Campaign will achieve its intended goals. MAD does not endorse, guarantee, make representations, or provide warranties (whether express or implied) for or about the quality, safety, morality, suitability, correctness or legality of any Campaign, Perk or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Perks for tax, legal or regulatory purposes. If a Contribution is returned to a Contributor, the associated Perks, if any, shall be canceled.
Setting up an account on the Services is free. MAD does not charge its Service fees to Contributors. Unless otherwise expressly indicated on the Services, MAD does charge its Service fees to Campaign Owners as a portion of the Contributions they raise (the “Service Fees“). By using the Services, Users agree to MAD’s Service Fees listed here http://www.howmadareyou/servicefees
Changes to Service Fees are effective after notice of the changes on the Services are posted. Updated Service Fees are applied to Campaigns launched after the notice is posted.
Contributors may request a refund from MAD before the end of a Campaign. Contributors may request a refund from MAD within 5 days of the Contribution. To process your refund please follow these steps.
Taxing authorities may classify financing secured as a result of the Services as taxable income to the Campaign Owner and any beneficiary who will receive funds directly from the applicable Campaign. MAD may (i) ask for the tax identification number (TIN) of Campaign Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities and/or (ii) withhold such amounts if required under applicable laws or representing the potential tax liability. MAD will provide Campaign Owners with a tax document if required by the relevant taxing authorities. If Campaign Owners give MAD misleading or inaccurate information regarding the tax identification number, Campaign Owners will be subject to legal action in this respect.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, “User Content“). Users grant MAD a perpetual, non-exclusive, royalty-free, transferable, sublcensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and MAD, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
Campaign Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a “Promotion“) on the Services without MAD’s prior written permission (which may be granted or withheld by MAD in its sole and absolute discretion). Campaign Owners may request permission from MAD by sending an email to email@example.com
Subject to and upon any such permission, each Campaign Owner offering any Promotion further acknowledges and agrees that: (a) such Campaign Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) MAD does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases MAD from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Campaign Owner and not to MAD.
Third-Party Websites, Advertisers or Services
Campaigner Owners that accept PayPal and Contributors that use PayPal in connection with a Campaign acknowledge and agree to comply with PayPal’s applicable Policies. Credit card payment processing services for Campaign Owners on MAD may be provided by Net Commerce (“Net Commerce“) and are subject to the terms and conditions applied by Net Commerce (collectively, the “Net Commerce Services Agreement“). By continuing to operate as a Campaign Owner on MAD, you agree to be bound by the Net Commerce Services Agreement, as the same may be modified by Net Commerce from time to time. As a condition to MAD enabling credit card payment processing services through Net Commerce, you agree to provide MAD accurate and complete information about you and your business, and you authorize MAD to share any such information with Net Commerce and waive any confidentiality and banking secrecy undertaking, as well as transaction information related to your use of the payment processing services provided by Net Commerce. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
If a chargeback is filed for a Contribution to a Campaign on MAD, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify MAD of the chargeback. MAD may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies MAD through the payment processor, MAD will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Campaign Owner.
By using our Services, you acknowledge that MAD reserves the right to attempt to recover or hold funds from your Campaign, or the connected Net Commerce or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, or other situations resulting in negative balances.
Each User agrees to defend, indemnify and hold harmless MAD, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. MAD may assume the exclusive defense and control of any matter for which Users have agreed to indemnify MAD and each User agrees to assist and cooperate with MAD in the defense or settlement of any such matters.
MAD has no, and does not owe any, fiduciary duty to any User and is not acting as advisor or a servicer to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.
Limitation of Liability
MAD (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF FIFTY U.S. DOLLARS ($50.00) OR THE FEES PAID TO MAD FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow MAD to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then MAD’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, MAD does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by MAD without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but MAD may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms, that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Beirut, Lebanon (the principal place of business and corporate headquarters of MAD); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over MAD, either specific or general, in jurisdictions other than Beirut, Lebanon. This Agreement shall be governed by the laws of the Lebanon, without respect to its conflict of laws principles.
MAD and User agree that any and all disputes or claims shall be resolved exclusively through final and binding courts of Beirut, Lebanon.
MAD merely provides a technology platform to allow Campaign Owners to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
MAD makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall prevail, govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.
أنني افيد بانني أفهم اللغة الانكليزية وانني اطلعت وفهمت ووافقت على الشروط (المشار اليها بالTerms).
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information.. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Campaign is deemed to be in violation of applicable export laws.
Cooperation with Authorities and Police Enforcement
We will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree that MAD may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Unsolicited Idea Submissions
MAD is always pleased to hear from its Users, and welcome their comments or suggestions. However, products, services, and features developed by MAD or its Users might be similar or even identical to a submission received by MAD or its Users. When MAD refers to a “submission” in this paragraph, it mean: any submission, comment, or suggestion (including, but not limited to, ideas, products, or services and suggested changes) made either on the MAD platform or to MAD about an existing product or service on, or a feature of, or a proposed addition to, the MAD platform.
With regard to User submissions:
(1) all such submissions are non-confidential and non-proprietary and will be treated as non-confidential and non-proprietary;
(2) MAD and its Users will have no express or implied obligation or liability of any kind concerning the submissions, including, for example, any use or disclosure of the submissions; and,
(3) MAD and its Users are entitled to unrestricted use or disclosure of the submissions for any purpose whatsoever, all without compensation to the User that submitted the submission.
These Terms are the entire agreement between each User and MAD regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. MAD’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Changes to Terms
MAD may alter the Terms at any time, so please review them frequently and regularly. If a material change is made, MAD may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A “material change” will be determined at MAD’s sole discretion, in good faith, and using common sense and reasonable judgment.
IP LAWS Complaints
If any User believes that its copyrighted work has been copied in a way that constitutes copyright infringement under the applicable laws and regulation (the “IP Laws“) or that any User Content infringes such User’s intellectual property rights and is accessible the Services, please notify MAD at . “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. For such complaint to be valid, the User (the “Complainant“) must provide the following information in writing (the “Notice of Infringement“):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MAD to locate the material.
- information reasonably sufficient to permit MAD to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the MAD IP Laws agent (the “IP Laws“) by mail and email to the following addresses:
Greek Orthodox Hospital Street – Ground Floor
Beirut – Lebanon
Telephone: + 961 3 007 894
If any User (the “Respondent“) believes that its material has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the “Counter Notice“) with the IP Laws Agent, including the following information within five business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the Respondent will accept service of process from the Complainant or an agent of the Complainant.
Upon receipt of the Counter-Notice by the IP Laws Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that MAD, at its discretion, may replace the removed material or cease disabling it in not less than ten, nor more than 14, business days following receipt of the Counter-Notice, unless the IP Laws Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the Service.
MAD WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the IP LAWS and other applicable laws, MAD has adopted a policy of terminating, in appropriate circumstances and at MAD’s sole discretion, repeat infringers.
All subpoenas must be properly served on MAD, preferably by mailing the subpoena to :
Attention: Legal Department
Greek Orthodox Hospital Street – Ground Floor
Beirut – Lebanon
Telephone: + 961 3 007 894
MAD does not accept service via e-mail or fax and will not respond subpoenas delivered by email or fax.
Attention: Legal Department
Greek Orthodox Hospital Street – Ground Floor
Beirut – Lebanon
Telephone: + 961 3 007 894