Terms of Use

Updated on:  May 3, 2024

1. Welcome to BeMajor!

By using BeMajor's website (the “Site”) and services (together with the Site, the “Services”) offered by BeMajor, you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, like our Community Guidelines and rules for starting projects.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Artists based in the European Union will be notified of material changes at least 15 days before they go into effect. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using BeMajor after a change, that means you accept the new terms.

2. About Creating an Account

You must be 18 or over to sign up for a BeMajor account. You’re responsible for your account and all the activity on it.

You can browse BeMajor without registering for an account. But to use some of BeMajor’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to support@bemajor.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. Things You Definitely Shouldn’t Do

This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, and so on. Please behave responsibly. Don’t do this stuff. Millions of people use BeMajor. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

  • Don’t break the law.
  • Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Don’t lie to people.
  • Don’t post information you know is false, misleading, or inaccurate.
  • Don’t do anything deceptive or fraudulent.
  • Don’t offer prohibited items.
  • Don’t offer any rewards that are illegal, violate any of BeMajor’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
  • Don’t victimize anyone.
  • Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Don’t spam.
  • Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters.
  • Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
  • Don’t harm anyone’s computer.
  • Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to BeMajor or another party).
  • Don’t abuse other users’ personal information. When you use BeMajor — and especially if you create a successful project — you may receive information about other users, including things like their names and email addresses. This information is provided for the purpose of participating in a BeMajor project: don’t use it for other purposes, and don’t abuse it. We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
  • Don’t try to interfere with the proper workings of the Services.
  • Don’t bypass any measures we’ve put in place to secure the Services.
  • Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to BeMajor or another party.
  • Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
  • Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
  • Don’t take apart or reverse engineer any aspect of BeMajor in an effort to access things like source code, underlying ideas, or algorithms.

4. How Projects Work

BeMajor provides a funding platform for artists' creative projects. When an artist posts a project on BeMajor, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the artist’s offer, and forming that contract.

BeMajor is not a part of this contract — the contract is a direct legal agreement between artists and their backers.

Here are the terms that govern that agreement:

When a project is successfully funded, the artist must complete the project and fulfill each reward. Once an artist has done so, they’ve satisfied their obligation to their backers.

Throughout the process, artists owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that they’re not buying something when they back a project—they’re helping to create something new, not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the artist from being able to finish the project as promised.

If an artist is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. An artist in this position has only remedied the situation and met their obligations to backers if:

  • they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
  • they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers; they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
  • they’ve been honest, and have made no material misrepresentations in their communication to backers; and
  • they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form. The artist is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers. BeMajor reserves the right to take any action it deems appropriate with respect to campaign funds while a dispute is pending.

5. How Funding Works

These are the terms that apply when you’re backing a project:

You’re only charged if the project reaches its fundraising goal. You’ll provide your payment information when you pledge, but you won’t be charged. The exact amount you pledged is the amount BeMajor will collect. If the campaign hasn’t reached its fundraising goal, you won’t be charged, no funds will be collected, and no money will change hands.

In some cases we’ll reserve the charge on your card. BeMajor and its payment partners may authorize or reserve a charge on your credit card (or whatever payment method you use) for any amount up to the full pledge, at any time between the pledge and the collection of funds.

You can update or cancel your pledge at any time before the project reaches its fundraising goal. Please contact us at support@bemajor.com in order to update or cancel your pledge. Once the project has been funded, you can only cancel or update your pledge by making special arrangements directly with the artist, at their sole discretion.

The estimated delivery is the artist’s estimate. The month and year listed on each reward is the artist’s estimate of when they will provide the reward — not a guarantee to fulfill by that time. The schedule may change as the artist works on the project. We ask artists to think carefully, set an estimated delivery they feel confident they can work toward, and communicate with backers about any changes.

The artist may need to send you questions about your reward. To deliver rewards, the artist might need information from you, like your mailing address or t-shirt size. They’ll request that information after the campaign has succeeded. To receive the reward, you’ll need to provide the information in a reasonable amount of time. Artists should not ask for personal information that is not necessary to provide your reward, and should never request sensitive personal information such as your Social Security number or payment information. Contact us at support@bemajor.com if you receive a request for information that seems inappropriate or excessive.

BeMajor doesn’t offer refunds. Responsibility for finishing a project lies entirely with the artist. BeMajor doesn’t hold funds on artists’ behalf, cannot guarantee artists’ work, and does not offer refunds.

These are the terms that apply when you’re creating a project:

You can refund individual pledges if you want. After your project has been funded, you can cancel and refund a backer’s pledge at any time. If you do, you have no further obligation to that specific backer, and no agreement exists between you.

BeMajor and its payment partners will subtract fees before transmitting the proceeds of a campaign. If you offer physical rewards, the cost of shipping those rewards will be transferred to you as well. Shipping costs are not considered a part of the funding goal. The payment processing fees vary based on the location of your bank account. If you have any questions about fees, let us know.

Throughout the process, BeMajor will facilitate the collection and transmission of funds, and track your progress toward your goal. In the unfortunate event that you’re unable to complete your project as defined by your funding goal, you will be expected to work with your backers to resolve the situation appropriately, and bring the project to the best possible conclusion in a timeframe that you communicate to backers. If you’re unable to do so, BeMajor may take appropriate action, which includes suspending your account.

6. How Projects are Launched

The launch of your project is an opportunity to showcase the unique qualities and characteristics of your art. It also sets expectations for the amount of work required to complete it, the rewards backers will receive, and how and when they’ll receive them.

When you create your project, you’re responsible for:

  • Meeting BeMajor’s project creation guidelines, which ensure that your project is well-defined, appropriate for BeMajor, and does not violate these terms;
  • Honestly presenting yourself, your project, and your funding needs;
  • Clearly explaining how you’ll use the funds you raise;
  • Describing the rewards that you’re offering;
  • Understanding that backers are expecting to receive the rewards you’ve listed at the end of the project if it’s successfully funded; and
  • Being accountable for your project throughout the campaign and beyond.

When you launch, you should:

  • Carefully review the preview of your project before launching to check for any errors and to ensure that it accurately represents your project;
  • Be prepared to begin working on your project as soon as you finish fundraising, and to complete it and fulfill rewards within the timeframe you’ve described; and
  • Be transparent and direct about your progress, setbacks, and any changes to your project and your rewards.

During the campaign, you should:

  • Post regular updates on your project’s progress, setbacks, and any changes. Backers are relying on you to do so.
  • Answer all backer questions and requests for information promptly.
  • Offer prompt and thorough solutions when the unexpected happens.
  • Contact backers if your project will be delayed beyond the original estimated delivery date.
  • Ensure that your project and rewards are consistent from the start of the campaign to the end of fulfillment.

After the project is successfully funded, you should:

  • Make every reasonable effort to fulfill rewards to backers.
  • Honor the delivery date you originally promised, or if a delivery date changes, make sure to communicate the new date to backers.

If you’re unable to complete your project and fulfill rewards, promptly inform your backers and propose a resolution.

Remember, backers support projects because they want to see them come to life. They want to be a part of the creative process, and receive unique rewards that reflect your project. Being honest, transparent, and responsive will help ensure a positive experience for both you and your backers.

7. Artist Responsibilities and Rights for Music Projects

  1. Uploading and Distribution of Music Projects:
    1. Upon successful funding and production of a music project (referred to as the "Masters"), the artist is required to upload the Masters to the BeMajor platform.
    2. BeMajor shall then release the Masters on all known and future streaming platforms.
  2. Grant of Rights:
    1. By uploading the Masters to BeMajor, the artist grants BeMajor irrevocable, exclusive, worldwide rights to distribute the Masters.
    2. This distribution right includes the authority to release the Masters on streaming platforms and distribute the revenues generated from such releases to the artist and the backers in accordance with the agreed terms.
  3. Artist Warranties:
    1. The artist warrants that they have the full legal rights and authority to enter into this agreement and grant the rights as mentioned above.
    2. The artist is responsible for ensuring that the Masters do not infringe upon the rights of any third parties and that all necessary permissions and rights have been secured.
  4. Liability:
    1. BeMajor is not liable for any breaches of contract or damages that may arise from the artist's failure to secure the appropriate rights for the Masters.
    2. The artist is responsible for any legal issues that arise from the Masters, including but not limited to copyright infringement.
  5. Proceeds:
    1. The proceeds, defined as the specified portion of revenue derived from the Masters, shall be directly allocated to the artists.
    2. Distribution of proceeds is contingent upon BeMajor receiving the funds from our distribution partners. As soon as the distribution partners release the funds to BeMajor, we will process and allocate these proceeds to the respective parties. Please note that receipt of funds by BeMajor may take up to two months longer than the standard processing time due to the complexities involved with accounting, international banking and currency conversion processes.
    3. BeMajor shall oversee the administration of these proceeds, ensuring transparency and equitable distribution in compliance with the stipulated conditions.
  6. Entitlements to Rewards:
    1. Entitlements to rewards, defined as the specified portion of revenue pledged by backers, shall be apportioned among the backers in accordance with the terms predetermined during the project's creation phase and proportional to the financial contributions made by each backer.
    2. Entitlement to rewards is contingent upon BeMajor receiving the funds from our distribution partners. As soon as the distribution partners release the funds to BeMajor, we will process and allow for the entitlements to be claimed. Please note that receipt of funds by BeMajor may take up to two months longer than the standard processing time due to the complexities involved with accounting, international banking and currency conversion processes.
    3. Such entitlements shall become claimable only when the accumulated entitlements for a backer reach a threshold of $10.
    4. BeMajor shall oversee the administration of these entitlements, ensuring transparency and equitable distribution in compliance with the stipulated conditions.
  7. Agreement:
    1. By using BeMajor’s services and uploading their Masters, artists agree to these terms and conditions regarding the uploading, distribution, and sharing of entitlements to rewards of their music projects.

8. Communication and Information Sharing for Reward Fulfillment

BeMajor recognizes the importance of communication between artists and their backers, especially in the context of reward fulfillment. To facilitate the smooth delivery of rewards to backers, BeMajor may provide artists with limited access to backers' information, including but not limited to, email addresses.

  1. Purpose Limitation: The information provided to artists, such as email addresses of backers, is solely for the purpose of fulfilling rewards, managing the project, or for communication directly related to the project. Artists are strictly prohibited from using this information for any other purposes, such as unsolicited marketing, sharing with third parties, or any activities that violate BeMajor’s Privacy Policy or these Terms.
  2. Privacy and Data Protection: Artists are reminded of their responsibility to protect backers' information and to comply with all applicable laws and regulations related to personal data, including the General Data Protection Regulation (GDPR) for backers within the European Union. Artists must implement appropriate security measures to protect the data and ensure that it is used only for the intended purposes.
  3. Backer Consent: By backing a project, backers consent to the sharing of their email addresses and other necessary information with the project’s artist for the purpose of reward fulfillment and project-related communication. Backers have the right to withdraw their consent at any time by contacting the artist or BeMajor support. However, withdrawing consent may affect the ability to receive project rewards.
  4. Artist Obligations: Artists are obligated to respect backers' privacy and handle their information with the utmost care. Any misuse of backers' information, including but not limited to, unauthorized sharing, spamming, or any form of harassment, will result in immediate action by BeMajor, which may include account suspension, termination, and legal action.
  5. Contact and Support: Backers who have concerns about the use of their information or wish to report misuse can contact BeMajor’s support team at support@bemajor.com. Artists seeking guidance on how to properly use backers' information for reward fulfillment can also reach out for support and resources.

9. Fees and transfers

Upon successful funding of a project, BeMajor collects a 5% platform fee of all proceeds and a variable administrative fee to cover additional operational costs associated with the management of certain types of payment methods.

Our payment processor charges a standard processing fee on each pledge received. Funds pledged by backers are processed by our payment processors, which operate as independent entities. BeMajor assumes no responsibility for their actions. Please note that the processing fees may vary slightly based on your location, and currency conversion fees may apply depending on the currency used for the transaction. Presently, our designated payment processor is Stripe.

Additionally, in the event of chargebacks initiated by backers, BeMajor reserves the right to recover the disputed funds from the payment method you have on file. This may include any additional fees associated with the chargeback process.

BeMajor will continuously collect a 5% distribution fee from the streaming proceeds generated by the Masters on streaming platforms and/or by distribution partners. This fee will be deducted before allocating entitlements to rewards to you.

To facilitate the transfers of any proceeds or entitlements to rewards, you will need to undergo identity verification and provide your bank details. The transfer process may take up to five (5) business days to complete. This period only covers the internal processing and does not include the time it takes for the transfer to reach your bank account. Please be aware that recipients will be responsible for any incurred bank transfer, payment processor, and/or other fees. These fees may be deducted from the total transfer amount prior to the initiation. The amount you receive may differ from the initial amount due to factors such as currency conversion rates and associated fees, over which BeMajor has no control or influence. BeMajor assumes no liability for any subsequent issues arising post-transfer, including, but not limited to, those stemming from inaccuracies in the information provided by you, banking complications, or other unforeseen circumstances beyond BeMajor's control.

You are responsible for any additional fees and all applicable taxes, including local, state, federal, or other assessments associated with your use of BeMajor and receipt of funds. It is solely your responsibility to report any necessary information to tax and/or other authorities as required by law. For instance, as an artist, you are solely responsible for reporting and/or remitting any applicable taxes related to funds received through your fundraising projects.

10. GDPR Compliance

BeMajor is committed to protecting the privacy and security of our users' data, especially for those based in the European Union, in compliance with the General Data Protection Regulation (GDPR). Our GDPR compliance efforts are designed to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subjects.

  1. Rights of Data Subjects: Under GDPR, users have the right to access, rectify, erase, restrict processing, object to processing, and port their data. BeMajor provides users with tools and settings to access, correct, delete, or modify the personal information associated with their account.
  2. Data Processing and Consent: We process personal data based on consent obtained from users, which can be withdrawn at any time, as well as on other legal bases such as contractual necessity and compliance with legal obligations.
  3. Data Protection Measures: BeMajor implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including measures to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
  4. Data Transfer: BeMajor complies with GDPR provisions regarding the transfer of personal data outside the EU and EEA areas, ensuring that such transfers are carried out in accordance with the applicable GDPR transfer mechanisms to ensure an adequate level of data protection.
  5. Contact and Complaints: Users can contact our Data Protection Officer at dpo@bemajor.com for any questions or concerns regarding their GDPR rights and data protection. Users also have the right to lodge a complaint with a supervisory authority competent for their country or region.

By using BeMajor’s services, users acknowledge and agree to the processing of their personal data in accordance with these terms and our Privacy Policy.

11. Our Rights and Responsibilities

We have the right to remove a project from BeMajor for any reason. Some of the reasons might include:

  • The project or its creator violates BeMajor’s rules.
  • The project includes prohibited items.
  • The project campaign is misleading or false.
  • The project campaign promotes hatred or discrimination.
  • The project campaign violates someone else’s rights.
  • The project campaign uses copyrighted material without permission.
  • The project campaign poses a risk to backers.
  • The project campaign involves any illegal activity.
  • The project campaign is fraudulent.
  • The project campaign has not been properly vetted by the artist.

We have the right to suspend or terminate your account at any time for any reason. Reasons for termination or suspension may include:

  • Violation of these terms;
  • Violation of BeMajor’s rules;
  • Fraudulent or illegal activity;
  • A failure to pay any amounts owed to BeMajor or artists; or
  • A failure to fulfill the commitments you’ve made to backers.

We have the right to cancel any pledge to any project, at any time and for any reason.

We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.

We have the right to cancel or suspend your access to BeMajor Services if you:

  • Create a project that is prohibited by these terms;
  • Violate BeMajor’s rules;
  • Fail to pay any amounts owed to BeMajor or artists;
  • Create more than one account, or create an account if you have been previously suspended or removed from the BeMajor community;
  • Provide false or misleading information, including misrepresenting your identity or qualifications; or
  • Fail to comply with these terms or any other terms governing your use of BeMajor’s services.

We have the right to refuse service to anyone, for any reason, at any time.

12. What happens if you don’t comply with these terms?

We can terminate or suspend your access to BeMajor services at any time, without prior notice, for any reason, or for no reason.

If you are found to have engaged in fraudulent activity, BeMajor reserves the right to take legal action against you.

If you fail to comply with these terms, you will be liable for any losses or damages that BeMajor or artists may incur as a result.

13. How project disputes are handled

If you have a dispute with an artist, you agree to handle the dispute directly with the artist. If the dispute cannot be resolved, BeMajor may, at its sole discretion, mediate the dispute. However, BeMajor is not obligated to do so.

14. Changes to these terms

We may update these terms from time to time. If we believe that the changes are material, we will inform you via email or through the BeMajor Services. Your continued use of BeMajor’s services after the changes are made will constitute your acceptance of the updated terms.

15. Termination of services

These terms are effective until terminated by either you or BeMajor. You may terminate these terms by discontinuing your use of BeMajor’s services and closing your account. BeMajor may terminate these terms and your access to its services at any time, without prior notice, for any reason, or for no reason.

16. Indemnification

You agree to indemnify, defend, and hold harmless BeMajor, its affiliates, and its and their respective officers, directors, employees, and agents from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:

  • Your use of BeMajor’s services;
  • Your breach of these terms; or
  • Your violation of any rights of any other person or entity.

17. Limitation of liability

BeMajor will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use BeMajor’s services;
  • Any conduct or content of any third party on the services;
  • Any content obtained from the services; or
  • Unauthorized access, use, or alteration of your transmissions or content.
  • In no event shall BeMajor’s aggregate liability for all claims related to its services exceed the greater of $100 or the amount you paid BeMajor, if any, in the last six months for use of the services.

18. Dispute resolution

Any claim or dispute arising out of or relating to these terms or BeMajor’s services will be governed by the laws of Denmark without regard to its conflict of law provisions.

19. Other terms

These terms constitute the entire agreement between you and BeMajor regarding the use of its services and supersede any prior agreements or understandings between you and BeMajor.

If any part of these terms is found to be unenforceable, the remaining terms will remain in full force and effect.

No waiver of any breach of these terms by BeMajor will be considered a waiver of any subsequent breach.

You may not assign or transfer these terms or any rights granted by these terms without BeMajor’s prior written consent.

BeMajor reserves the right to assign these terms or any rights granted by these terms to any third party.

These terms do not confer any third-party beneficiary rights.

Any feedback, comments, or suggestions you provide to BeMajor regarding its services will be the sole and exclusive property of BeMajor, and you hereby irrevocably assign to BeMajor all of your right, title, and interest in and to all feedback, comments, and suggestions.

If you have any questions about these terms, please contact us at support@bemajor.com.

By using BeMajor’s services, you agree to these terms and conditions in their entirety.