Terms of Use


Last updated: December 10, 2019
1. Welcome to PerDiem!

Welcome to PerDiem. By using this website (the “Site”) and services offered by PerDiem, LLC 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.

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. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using PerDiem after a change, that means you accept the new terms.

PerDiem is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

2. About Creating an Account

You can browse PerDiem without registering for an account. But to use some of PerDiem’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@investperdiem.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

We expect everyone who uses PerDiem 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 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 PerDiem or another party).

* Don’t abuse other users’ personal information. When you use PerDiem — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a PerDiem project: don’t use it for other purposes, and don’t abuse it.

* 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 PerDiem 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 PerDiem in an effort to access things like source code, underlying ideas, or algorithms.

4. How Projects Work

PerDiem provides a funding platform for music projects. When an artists posts a project on PerDiem, 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.

PerDiem 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 funded, the artist must fulfill the promise they made to the backers.

Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to fulfill the promise they made. At the same time, backers must understand that when they back a project, there is a chance that the project may not go as expected. There may be changes or delays, and there’s a chance something could happen that prevents the artist from being able to create a return for their backers.

If an artist is unable to create a return, 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. A creator 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 creating a return 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 create a return 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 a return (in proportion to the amounts invested), 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.

We do not become involved in legal disputes between Users. PerDiem bears no liability, and has no obligation to participate or become involved in any dispute between Users, including between Contributors/Backers and Campaign Owners (Artists).

You are responsible for your Campaigns, even if you engage Our help. PerDiem may offer additional services. Even where We help with your Campaign, Campaign Owners bear sole responsibility for the Campaign and must comply with all obligations in the Terms as the only responsible party for the Campaign.

5. How Funding Works

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

* Voluntary Contributions. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor.

* No Guarantee. There is no guarantee that the artist will fulfill and deliver a return. PerDiem does not guarantee or represent that contributions will be used as promised, that artists will deliver a return. PerDiem also does not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any campaign, contribution, or the truth or accuracy of User Content posted on the Services.

* Credit Card Charges. When you Contribute to a Campaign, your card will be charged the amount of the Contribution after you confirm and submit your payment information.

* Taxes are your responsibility. Contributors bear the sole responsibility for determining how to treat their Contributions and receipt of any Perks for tax purposes. PerDiem does not offer any advice or take any responsibility for how Contributors treat their Contributions or for any financial consequences arising out of such treatment.

* PerDiem doesn’t offer refunds. Responsibility for finishing a project lies entirely with the project creator. PerDiem cannot guarantee creators’ work, and does not offer refunds.

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

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

* We’ll charge our fees before putting funds in your account. PerDiem and its payment partners will subtract fees before transmitting the proceeds of a campaign.

* Some contributions can’t be collected, which might reduce the amount of funding you get. Because some payments can’t be collected — for instance, when a backer’s credit card expires before funding ends, and they don’t provide updated information — we can’t guarantee that the amount of funding you receive will be exactly equal to the full amount invested minus fees.

* We'll help resolve payment-card disputes. If a backer of your project disputes the charge with their card issuer, we'll handle re-presenting the charge to settle the dispute with the card issuer. You’ll be notified that a dispute has been filed, and you’ll be able to provide evidence to help us resolve it in your favor. If the cardholder’s dispute is found valid, you authorize us to charge the credit card number you provided when you started your project for the amount of the chargeback.

* There may be a delay between the end of a successful campaign and your access to the funds. And don’t take any actions in reliance on collecting any of the money contributed until you actually have the ability to withdraw it from your account and spend it.

6. Stuff We Don’t Do and Aren’t Responsible For

PerDiem isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release PerDiem from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Our Fees

Creating an account on PerDiem is free. If you create a project that is funded, we (and our payment partners) collect fees. Our partners’ fees may vary slightly based on your location.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds invested by backers are collected by payment providers. Each payment provider is its own company, and PerDiem isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of PerDiem.

8. Other Websites

PerDiem may contain links to other websites. (For instance, artist’s pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

PerDiem partners with other companies (such as Stripe) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

PerDiem doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:

* We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.

* We are granted the exclusive right, for as long as the artist is using the platform, to distribute the funded project for collection of royalties to split between the artist and backers.

* When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.

* You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant PerDiem all the license rights outlined here).

* Any non-mechanical royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on PerDiem’s hosting of that Content.

* You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If PerDiem or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

* You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.

* We’re not responsible for mistakes in your content. PerDiem will not be liable for any errors or omissions in any content.

10. PerDiem’s Intellectual Property

PerDiem’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

PerDiem grants you a license to reproduce content from the Services for personal use only. This license covers both PerDiem’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from PerDiem or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. PerDiem complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please email support@investperdiem.com

12. Deleting Your Account

You can terminate your account by emailing support@investperdiem.com. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not automatically remove the project from the Site.) You can contact us at support@investperdiem.com for additional information or to request project page deletion (this is not available in all circumstances).

13. Our Rights

PerDiem reserves these rights:

* We can make changes to the PerDiem Site and Services without notice or liability.

* We have the right to decide who’s eligible to use PerDiem. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use PerDiem in that jurisdiction.

* We have the right to cancel any investment 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.

PerDiem is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

14. Warranty Disclaimer

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

PERDIEM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PERDIEM SHALL CREATE ANY WARRANTY.

15. Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of PerDiem. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

16. Limitation of Liability

To the fullest extent permitted by law, in no event will PerDiem, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall PerDiem’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

17. Dispute Resolution and Governing Law

We at PerDiem encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that PerDiem and its Services are deemed a passive website that does not give rise to jurisdiction over PerDiem or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of PerDiem, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

18. The Rest

These Terms and the other material referenced in them are the entire agreement between you and PerDiem with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and PerDiem with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or PerDiem to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get PerDiem’s prior written consent. PerDiem has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. PerDiem will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

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