TERMS AND CONDITIONS ONSETTERS

Dear Onsetter, thank you for trusting us. Before registering, please read carefully the following terms and conditions under which you, as a user, join the UONSET webpage to back different musical projects.

 

Once you have "clicked" to register and create your profile, it will be understood that you have read, understood, and are subject to these Terms and Conditions that regulate access to the services, the website, and the Software provided by UONSET.

 

CHAPTER I. NATURE OF UONSET

Section 1.1. Purpose and Scope: The UONSET Webpage is a platform that offers a virtual space for individual promotion of different musical projects in the context of crowdfunding, so that an individual yet cumulative financing may be carried out through contributions made by persons -hereinafter Onsetter(s) by accessing and using the Web platform offered by UONSET, in favor of the artist, artistic group, or band, thus collecting enough money to meet the goal previously set and informed to UONSET, in conformity with these Terms and Conditions. 

Section 1.2. Nature: For all legal purposes, UONSET is simply an intermediary that allows and enables, on the one hand, the contributor to get to know the different projects he/she wishes to endorse financially, and, on the other hand, the artists to advertise, according to the guidelines established by UONSET, the musical project for which they wish to obtain financing.

Section 1.3. No employment relationship: In accordance with the commercial nature regarding access to services and products offered on the UONSET Web platform, the user expressly states that he, as an individual or as representative of a legal person or its employees, agents, intermediaries, principals, or attorneys in fact, has no employment relationship whatsoever with UONSET, and is therefore not employed by and/or subordinate to UONSET and has full technical, administrative, and directive autonomy in the use of the products and services offered on the UONSET Web platform.

Section 1.4. Project Policies and Restrictions: In its capacity as intermediary, UONSET is not bound by any circumstance to exercise prior or subsequent effective control or to verify that projects intended for publication meet the parameters listed below. UONSET reserves the right, in accordance with its criteria and its discretion, and as a result of a notice from a government or legal authority, or from a third party, to admit and/or withdraw from the Webpage any project that does not follow the guidelines below:

(i)  Undefined Projects: Projects intended for publication through the UONSET Webpage must be clear and must have a limited purpose, such that they do not extend indefinitely in time, and simultaneously must give the Onsetter certainty and security regarding the project and final product that he/she will be supporting;

(ii)  Obscene, vulgar, racist, or discriminatory content: Projects must safeguard and be in line, at all times, with social morale, good practices, and ethics. If UONSET considers that any content of the project to be published violates ethics, morale, and good practices, it may decide at its discretion to withdraw immediately or to deny admitting the project.

 (iii)   Adjustment of projects to the categories previously established by UONSET: projects must adhere to the artistic genre categories determined by UONSET. These categories may be expanded at the discretion of UONSET.

(iv)  Observance of copyright: The artist and, in general, the project intended for publication must refrain from commercializingusing, or exploiting, in any way, third party intellectual property rights including, without limitation, their material, be it professional, technical, or promotional, of a bibliographic, video, text, recording, diskette, drawing or photographic nature, or material presented for courses, refresher training or seminars, distinctive signs, trademarks, industrial designs, advertising rights, patents, utility models, and all others of which he/she has knowledge either through personal information or through information provided by third parties, outside of the authorizations and guidelines provided by the owner or by the party with legal capacity who can decide on said rights.

 (v)   Truthfulness: Projects intended for publishing must be truthful, plausible, veritable, and real, and must be capable of being performed under the quality conditions, either personal, musical, and/or scenographic, offered to Onsetters.

 (vi)  Respectful: Projects may not be illegal, threatening, defamatory, slanderous, fraudulent, or damaging with regard to the reputation and/or good name of another identified or unidentified natural or legal person.

CHAPTER II. CONTRIBUTIONS

Section 1.0. Amount of Contributions. An Onsetter who wishes to back a musical project must establish the amount of the contribution or donation within the minimum and maximum limits determined by the Artist, which limits will be published in the respective projects. The values include applicable taxes, either in force or to be determined based on the promotion of the projects or the service provision. The Onsetter understands that he/she is pre-paying UONSET all tax that UONSET must charge or pay in relation to the promotion of projects, contributions or donations, and for its service.

Section 1.0. Responsibility in Choosing a Musical Project and Contributing an Amount. The Onsetter will be the sole party responsible for the quality and characteristics of the musical project he/she wishes to support financially.   In this regard, he/she shall make every effort to ensure that they meet the guidelines established by UONSET and contained in Section 1.4. of Chapter I under penalty of being removed from the Webpage.

Section 1.1. Assumption of responsibility. An Onsetter who supports a musical project through the Web platform provided by UONSET will assume, exclusively and for his/her own account and risk, the success of the project or the effective receipt of rewards derived from the project benefited by the Onsetter's contribution, taking into consideration:

(a) The amount of capital required to develop the project (Minimum 500 USD)

 (b) The amount of time for collecting said capital (maximum 120 days).

 (c) The person who will collect the money received: The Artist must indicate who will collect the contributions received, whether: A natural person (an individual or group of people), a legally incorporated company, or a Foundation or a Non-profit Entity.

 (d)  The modality of Crowdfunding: There are several crowdfunding categories that the Onsetter must take into consideration according to his/her interests, namely: 

Classification according to the type of compensation for the Onsetter

  1.       Rewards-based Crowdfunding: The project will be financed exclusively based on rewards for the Onsetters; it will not have an option for financial returns.
  2.       Financial Returns Crowdfunding: The project will by financed exclusively by offering financial returns on the project. This type of crowdfunding must be approved and operated by UONSET in order to guarantee contracts, investments, performance, and returns.
  3.       Mixed Crowdfunding: The project may be financed through a combination of rewards for Onsetters and financial returns. This type of crowdfunding must be approved and operated by UONSET in order to guarantee contracts, investments, performance, and returns. 

Classification according to the obligation to compensate the Onsetter

  1.       "All or Nothing" Crowdfunding: The artist must set an exact amount to be collected in full before the time limit previously stipulated, such that if the money is not collected in full, the artist will not receive any amount but, at the same time, will not be required to give out rewards.
  2.       "Flexible" crowdfunding: Although the artist must establish an exact amount to be collected, if he/she does not meet the goal within the stipulated term for collection, he/she may use the amount collected up to the expiry date of the fixed term, but he/she must also provide the rewards offered to Onsetters.

Rewards-based Crowdfunding may be combined with "All or Nothing" or "Flexible" crowdfunding such that in the event that the compensation promised to the Onsetter consists of rewards, the Artist may choose whether or not to set an attainable goal. For the remaining categories, namely Mixed Crowdfunding or Financial Returns Crowdfunding, they must always adjust or be limited to the "All or Nothing" modality.

Section 1.1. No refund of contributions. Contributions originating from Onsetters for UONSET are of a definitive and irrevocable nature. In no case will UONSET, as simple intermediary, be responsible for refunding or returning contributions to Onsetters. If this occurs, it will be due to mere liberality and autonomy of the Artist.

Section 1.2. Holding of Contributions. Regarding the "Flexible" Crowdfunding modality, UONSET will not hold, possess, provide custody for, or be the depository of the money collected for financing musical projects. Under this modality, the Onsetters will allocate contributions directly to the Artist.  For all purposes, UONSET is an intermediary facilitating contact between the Onsetters and the Artist. As such, UONSET will provide contact details, without said activity constituting any link to the contribution or its future returns.

If the project of the author, creator, or third party becomes, or if UONSET deems that it may become, the source of a breach or the object of a lawsuit, UONSET will have no other choice than to suggest to the contributor to redirect the contribution towards a different project that complies with all regulations, propose modifying the project so that it does not breach the terms and conditions, or suggest reimbursement of the contribution.

Section 1.3. Modifications. Once the musical project begins, the collection time, amount to be collected, and rewards offered will not be subject to modifications.  The content or other element of the project may only be modified with prior and express authorization from UONSET.

Section 1.4. Currency exchange: All amounts must be converted into the currency of destination.

CHAPTER III. REWARDS

Section 1.1. Determining Rewards. When backing a musical project, the Onsetter agrees to abide by the considerations fixed by the Artist at the moment of creating the project, and may not demand considerations or rewards other than those promised by the Artist in conformity with the collection modality and the amount contributed by the Onsetter.

Section 1.2. Responsibility Regarding Delivery of Rewards. For all legal purposes, the Artist who created the project is solely and exclusively responsible for producing and delivering the rewards offered, or an equivalent value, as long as the requirements for their demand are met in conformity with the modality used. The Onsetter will entirely assume the risk of said production and delivery of rewards. The Artist shall deliver the rewards offered in accordance with the stipulated time, place, and modality, even if the funds required to develop the project are not obtained in full, in conformity with the crowdsourcing modality under which the respective project is executed. Both the Artist publishing a project and the Onsetter who supports said project release UONSET from any liability regarding any promised consideration or obligation including, without limitation, delivery and receipt of the rewards involved in the musical project.

Section 1.3. Tax and expenses. The Artist will be the sole party in charge of taxes, expenses, or outlays incurred during the preparation, manufacture, fabrication, design, printing, musicalization, delivery, transportation, or, in general, any other act involved in the development, delivery and/or production of the offered rewards.

Section 1.4. Pre-payment of rewards: When an Onsetter backs a musical project, he/she understands and accepts that he/she is pre-paying for goods and services as consideration for the contribution to the musical project. Therefore, the Onsetter expressly and irrefutably accepts that, on the one hand, the conditions for each promised reward and its delivery will be carried out in conformity with the chosen crowdfunding modality which has been communicated by the Artist and, on the other hand, is informed in detail about the crowdsourcing characteristics, conditions and modalities of the project to be backed and for which he/she is pre-paying for the goods or services. Therefore, he/she releases UONSET of liability for any confusion, deceit, damage, delay, or non-fulfillment in the delivery of the pre-paid reward. 

CHAPTER IV. LIMITATION OF LIABILITY

Section 1.1. Limitation of Liability

Under no circumstance and in no case will UONSET be liable to any natural or legal person for any loss or damage including, without limitation, direct, indirect, special, actual, or consequential damages or loss of earnings, profit, revenues, data, information, program, or business interruption, either contractual or non-contractual, derived from or related to the use of the UONSET Website or the use, disclosure, or execution of any material contained or accessed through the UONSET Website, even if UONSET was expressly advised of the possibility of said damages.  Likewise, in no case will UONSET be liable for any direct or indirect damage, loss, or expense, or for any financial loss including, without limitation, promised rewards, and/or loss of earnings due to revenues or profit incurred by the contributor as a result of or in connection to the project of the author, creator, or third party.  These limitations may be applied regardless of how the liability of UONSET arises including, without limitation, negligence or non-performance by UONSET, even if said non-performance involves the main purpose or a fundamental obligation.

The contributor acknowledges and agrees that UONSET will not be liable for continuing or cancelling services or delivering goods related to the project or the project itself, or any other charge related to the project of the author, creator, or third party. The latter -author, creator, or third party- must immediately reimburse UONSET for the totality of said charges, upon receipt of a notice from UONSET.

Users or Onsetters shall bear all risks and liabilities for any damages caused by non-performance, and therefore release UONSET of any liability.

Section 1.2. Disclaimer. UONSET offers no representation or warranty regarding goods, services, musical projects, or any other information contained in the Webpage.  Therefore, information about goods and services provided by and published in the UONSET Web platform is provided for the user and/or Onsetter “as-is” and/or “as-available”, under the same conditions as it is proposed, published, and submitted by the Artist, without any sort of express or implicit warranty, including, without limitation, the legal warranty of fitness for a particular purpose, of non-infringement, or of any other nature with respect to the information the project, the asset, the consideration or the service to which the information refers. Therefore, the Onsetter releases UONSET from any warranty either implied by law, use, or otherwise regarding the projects, their purpose or execution including, without limitation, any legal or presumed warranty, or a warranty of fitness for a particular purpose.   UONSET is not liable to the Artist, the Onsetter, or a third party regarding the contributed resources, or any other remedy available at law or in equity with respect to the project or its execution, which is the exclusive duty and responsibility of the Onsetter and the Artist involved in the project.

CHAPTER V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Section 1.0. Liability regarding any claim, action, or lawsuit. The author or creator involved in the musical project must, at his/her own expense and except as otherwise provided, defend or reconcile, at his/her prerogative, any claim, lawsuit or procedure brought against him by the Onsetter or by a third party, based on a claim involving the infringement, ownership, inadequate use of distinctive marks, brands, industrial designs, patents, advertising rights, utility models, new creations, or copyrights. The Author or Creator involved in the musical project must pay all direct damages and costs finally allocated in favor of the third party claimant and against the Artist and/or the Onsetter. The Author or Creator involved in the musical project will not have the power or authority to decide any action in the name of UONSET, nor may he/she incur in any costs or expenses on behalf of UONSET. UONSET will not be liable for any infringement resulting from the use of contributions by the author or third party in a manner not reasonably foreseen.

Section 1.1. Waiver of Intellectual Property. The name or logo of UONSET as well as any other associated composite mark are the industrial property of UONSET. The Artist or creator of the project is strictly forbidden to use the name of UONSET in any publication, commercial, or any other type of advertisement without prior written consent from UONSET. Requests for authorization must be addressed to This email address is being protected from spambots. You need JavaScript enabled to view it. and await confirmation of receipt. All associated brands that do not belong to UONSET are commercial brands belonging to their respective third party owners. The information and references that UONSET produces regarding names, brands, projects, or services from third parties, or hypertext links to third party Websites do not necessarily constitute or imply endorsement or sponsorship by UONSET, or a recommendation in favor of the third party, the information, or the service. Information circulating on the UONSET Webpage must not be interpreted as an implicit, mandatory or any other type of license to any intellectual property rights or otherwise belonging to UONSET or to third parties. Nevertheless, UONSET may provide a link to the content of the musical projects and general information appearing on the UONSET Webpage, which the Onsetter is authorized to use on different media and social networks, without prejudice to compliance with the regulations contained in this Section and, in general, in these Terms and Conditions.

CHAPTER VI. NATURE OF THE INFORMATION

Section 1.0. Materials. Any material, information, question, comment, suggestion, data, or idea that the Artist or Creator involved in the musical project transmits, sends, or publishes on the UONSET Webpage (excluding personal information discussed under the Internet Privacy Policy) is considered and shall be treated as non-confidential and/or private, and may be reproduced, used, distributed, or spread by UONSET for any purpose including, without limitation, the development of projects or services that incorporate said information. UONSET assumes no obligation to protect said information from being spread and will be free to reproduce, use, and distribute any idea, concept, know-how, or technique contained in said information to others without restriction.

CHAPTER VII. DATA PROVISION AND PROTECTION

Section 1.0. Data provision. UONSET will not disclose to third parties any personal information provided by its users, Onsetters, Artists, Bands, or Artistic Groups necessary for registration, except upon request from a competent authority or from persons designated by the subject providing said information for user registration.

Nevertheless, users, Onsetters, Artists, Bands, or Artistic Groups expressly accept that UONSET will receive, collect, analyze, and pass on to third parties any opinions and ratings of users and Onsetters, and may file reports addressed to the media, authorities, companies, or citizens when making a contribution. The following data will be exchanged between the creator of the musical project and the Onsetters in order to enable delivery of products, rewards, and services:

- Name, Surname:

- Identification Document:

- E-mail:

Section 1.1. Personal data protection and privacy policy. This personal data protection and privacy policy (hereinafter the "Policy") regulates collection, storage, processing, management, transfer, transmission, and protection of information received from third parties through different channels collecting personal information (hereinafter "Personal Data") that UONSET has made available to the general public through different means in accordance with the provisions contained in Law 1581 od 2012, Decree 1377 of 2013, and other relevant regulations that contain general provisions for the protection of Personal Data.

UONSET, which shall be the Controller of Personal Data, as defined in Law 1581 of 2012, respects the privacy of each and every third party providing Personal Data through different data collection and capture points provided for this purpose. UONSET receives the mentioned data, stores it in an adequate and safe manner, and uses it. This does not prevent third parties from verifying the accuracy of said data and exercising their right to know, update, rectify, and delete information provided, as well as their right to revoke the authorization given to UONSET for processing their Personal Data. Data collected by UONSET belonging to third parties is processed and used in conformity with the current privacy and data protection regulations mentioned above.

UONSET gathers Personal Data for the purpose of consulting, processing, and using it for the following specific ends:

(i) Innovating, improving, developing, and implementing new promotional campaigns for products and services; designing and offering new products and services through permanent analysis of the preferences, taste, and profiling of the users of the UONSET Web platform. 

(ii) Carrying out basic administrative tasks.

(iii) Communicating sales promotions, novelties, products and services related to the advertisement and promotion of musical projects on the UONSET Web platform through any means established for said purpose. Said use will only be made if the third parties decide to submit the information voluntarily and provide express authorization to this end.


The use, determined by the different purposes indicated above, which include sending commercial information and publicity related to the products and/or services offered by UONSET, may be carried out through (i) e-mails to the address provided by the UONSET user when registering on the Webpage, (ii) text messages (SMS), and/or (iii) telephone calls (mobile phones or land lines).

Personal Data is understood as personal information provided to UONSET, in any way and through any channel for its receipt by third parties, which includes data such as names, surnames, birth dates, identity document type and number, gender, postal address, email address, land line, mobile phone, city of residence, and field of work.

The data subjects understand that entering their Personal Data is voluntary, taking into consideration the characteristics enabled for said purpose, and the powers by virtue of which UONSET may use said data, and they understand as well that the information will form part of a file and/or database that will contain their profile, which may be used by UONSET in accordance with the terms and for the ends established herein.

Moreover, the data that the data subject provides voluntarily must be truthful and complete, and will not be used, processed, or transferred beyond the limits defined by said data subject in his/her statement of consent (see Law 1581 of 2012 and Regulatory Decree 1377 of 2013) and those established by the regulations in force, that is, for commercial purposes that each Author, Band, or Artistic Group has with UONSET. Additionally, UONSET will share and transfer information only if it is forced to do so by an administrative or legal authority.

The Onsetter authorizes UONSET to share his/her Personal Data with the Artists.  Likewise, he/she authorizes UONSET to use his/her Personal Data for UONSET's own management to generate added values. Therefore, he/she authorizes UONSET to keep, update, process, consult, and handle them in the manner established in this Policy.

UONSET clarifies that although data processing activities regarding data entered by the data subjects are carried out by UONSET personnel, these activities may be carried out by contractors and/or service providers (Processors of Personal Data) who may have access in any way to the Personal Data entered in the UONSET databases, by reason of any special assignment. The Processor is contractually bound to store, process, protect, and keep certain information confidential and may not process said information for any purpose other than that contractually indicated by UONSET. By accepting this Policy the ends described in this paragraph are also accepted.

The data subject may know, update, rectify, and delete the data provided, and he/she may also exercise his/her right to revoke authorization given to UONSET for its processing  through the channels established for said purpose.

In addition to the provisions of this Policy, the procedures to be followed for addressing inquiries and claims shall be those established in the applicable regulations, especially those referred to in Articles 14 and 15 of Law 1581 of 2012.

UONSET will safely store information and will process data entered by the data subjects in a safe way. Therefore, it will take all measures required to protect its information against loss, abuse, tampering, non-authorized or fraudulent access or use. Likewise, these activities may be carried out by contractors and/or service providers (Processors of Personal Data) who may have access in any way to the Personal Data entered in the UONSET databases, by reason of any special assignment. The Processor is contractually bound to store, process, protect, and keep certain information confidential and may not process said information for any purpose other than that contractually indicated by UONSET.

UONSET will not be liable for any consequence derived from unauthorized access by third parties to the databases and/or for any technical failure in the operation and/or conservation of data in the data storage system for causes not attributable to UONSET.

In compliance with the Law, UONSET refrains from collecting data of any nature regarding minors, or Sensitive Data of its clients, as stipulated in Law 1581 of 2012.

For more information related to legal provisions on data protection and to information regarding claim procedures thereof, please visit the Webpage of the Superintendency of Industry and Commerce (www.sic.gov.co).  

UONSET reserves the right to modify this Policy at any time without prior notice. Any modification will be in force and will be enforceable before third parties upon its publication through the appropriate channels.

CHAPTER VIII. CONDUCT

Section 1.0. Rules and Conducts. In order to protect the content on the Website, the UONSET Web platform user must observe the following conducts:

(i) Provide information that:

- Does not infringe any patent, trademark, copyright, advertising rights, or the rights of any other person or entity, or that breaches any law or contract.   

- Is not false or inaccurate.

- Is not illegal, threatening, defamatory, slanderous, fraudulent, damaging, obscene, or invades privacy.

- Does not constitute unauthorized publicity, promotional material, or any type of junk, spam, or chain mail.

- Does not contain computer viruses or other files designed to interrupt, damage, limit, or interfere with the correct functioning of the Website.

(ii) Impersonating buyers, sponsors or any UONSET employee or representative is forbidden.

(iii) Respect the rights and reputation of third parties at all times.

CHAPTER IX. MODIFICATIONS

Section 1.1. Unilateral Modifications. UONSET reserves the right to modify the content of this document at any time and without prior notice. If the above were to happen, the new document will appear on the UONSET Webpage, indicating the date of the modifications and the date on which the modifications become effective. If the user or Onsetter continues using the UONSET platform after the modifications become effective, it shall be understood that he/she understands and accepts the new content in full and without reservations. If he/she does not agree with the modifications, he/she may cease to use or to access the UONSET virtual platform.

 

TERMS AND CONDITIONS ARTISTS

SPECIALIZED PUBLISHING SERVICE CONTRACT

Congratulations! Thank you for trusting UONSET to support and back your musical project!

Below we will explain the Terms and Conditions under which you, as an artist, access the UONSET Webpage to publish your project.

Before beginning a project, please read the access conditions carefully. Once you have "clicked" to begin a project, it shall be understood that you have read, understood, and agreed to comply in full, without reservation, with all articles, terms, and conditions regulated by this specialized publishing service contract.

 

 ARTICLE I. Purpose and Scope

Section 1.0. Purpose: The purpose of this contract is to allow specialized use for publication, which consists of accessing, and using the UONSET Web platform in order to publish and promote musical project within a crowdfunding context.

Section 1.1.  Scope: the UONSET Webpage is a platform that offers a virtual space for individual promotion of different musical projects, so that an individual yet cumulative financing may be carried out through contributions made by persons -hereinafter Onsetter(s) in favor of an artist, artistic group, or band, thus collecting enough money to meet the goal previously set and informed to UONSET, in conformity with the Terms and Conditions contained herein. 

Section 1.2. Nature: For all legal purposes, UONSET is simply an intermediary that allows and enables, on the one hand, the contributor to get to know the different projects he/she wishes to endorse financially, and, on the other hand, the artists to advertise, according to the guidelines established by UONSET, the musical project for which they wish to obtain financing.

Section 1.3. No employment relationship: In accordance with the commercial nature of this contract, the contracting parties expressly state that the Artist, Artistic Group, or Band or its employees have no employment relationship whatsoever with UONSET, and are therefore not employed by and/or subordinate to UONSET and have full technical, administrative, and directive autonomy in the performance of this contract, making use of their own means and hiring the personnel required for the execution of this contract.

Section 1.4. Project Policies and Restrictions: In its capacity as intermediary, UONSET is not bound by any circumstance to exercise prior or subsequent effective control or to verify that projects intended for publication meet the parameters listed below. UONSET reserves the right, in accordance with its criteria and its discretion, and as a result of a notice from a government or legal authority, or from a third party, to admit and/or withdraw from the Webpage any project that does not follow the guidelines below:

(i)  Undefined Projects: Projects intended for publication through the UONSET Webpage must be clear and must have a limited purpose, such that they do not extend indefinitely in time, and simultaneously must give the Onsetter certainty and security regarding the project and final product that he/she will be supporting;

(ii)  Obscene, vulgar, racist, or discriminatory content: Projects must safeguard and be in line, at all times, with social morale, good practices, and ethics. If UONSET considers that any content of the project to be published violates ethics, morale, and good practices, it may decide at its discretion to withdraw immediately or to deny admitting the project.

(iii)   Adjustment of projects to the categories previously established by UONSET: projects must adhere to the artistic genre categories determined by UONSET. These categories may be expanded at the discretion of UONSET.

(iv)  Observance of copyright: The artist and, in general, the project intended for publication must refrain from commercializingusing, or exploiting, in any way, third party intellectual property rights including, without limitation, their material be it professional, technical, or promotional, of a bibliographic, video, text, recording, diskette, drawing or photographic nature, or material presented for courses, refresher training or seminars, distinctive signs, trademarks, industrial designs, advertising rigths, patents, utility models, and all others of which he/she has knowledge either through personal information or through information provided by third parties, outside of the authorizations and guidelines provided by the owner or by the party with legal capacity who can decide on said rights. 

(v)   Truthfulness: Projects intended for publishing must be truthful, plausible, veritable, and real, and must be capable of being performed under the quality conditions, either personal, musical, and/or scenographic, offered to Onsetters.  

(vi)  Respectful: Projects may not be illegal, threatening, defamatory, slanderous, fraudulent, or damaging with regard to the reputation and/or good name of another identified or unidentified natural or legal person.

ARTICLE II. CONTRIBUTIONS

Section 1.0. Communication of modality, money required for the development of the project, collection period, and rewards offered. The Artist who wishes to use the UONSET Webpage platform must set or establish:

(a) The amount of capital required to develop the project (minimum 500 USD)

(b) The amount of time for collecting said capital (maximum 120 days).

(c) The person who will collect the money received: The Artist must state who will collect the contributions received, whether: A natural person (an individual or group of people), a legally incorporated company, or a Foundation or a Non-lucrative Entity. 

(d)  The form of Crowdfunding: There are several crowdfunding categories from which the Artist must choose and indicate to Onsetters, namely:

Classification according to the type of compensation for the Onsetter 

  1.          Rewards-based Crowdfunding: The project will be financed exclusively based on rewards for the Onsetters; it will not have an option for financial returns.
  2.          Financial Returns Crowdfunding: The project will by financed exclusively by offering financial returns on the project. This type of crowdfunding must be approved and operated by UONSET in order to guarantee contracts, investments, performance, and returns. 
  3.          Mixed Crowdfunding: The project may be financed either through a combination of rewards for Onsetters and financial return. This type of crowdfunding must be approved and operated by UONSET in order to guarantee contracts, investments, performance, and returns.

 Classification according to the obligation to compensate the Onsetter

  1.          "All or Nothing" Crowdfunding: The artist must set an exact amount to be collected in full before the time limit previously stipulated, such that if the money is not collected in full, the artist will not receive any amount but, at the same time, will not be obligated to give out rewards.
  2.          "Flexible" crowdfunding: Although the artist must establish an exact amount to be collected, if he/she does not fulfill the goal within the stipulated term for collection, he/she may use the amount collected up to the expiry date of the fixed term, but he/she must also provide the rewards offered to Onsetters.

 Rewards-based Crowdfunding may be combined with "All or Nothing" or "Flexible" crowdfunding such that in the event that the compensation promised to the Onsetter consists of rewards, the Artist may choose whether or not to set an attainable goal. For the remaining categories, namely Mixed Crowdfunding or Financial Returns Crowdfunding, they must always adjust or be limited to the "All or Nothing" modality.

Section 1.1. Money transfer to Artists: If the Artist has chosen the "Flexible" crowdfunding modality, once the collection period has expired, UONSET will send the money collected during said period, for account and on behalf of the Onsetters. If, on the other hand, the Artist has chosen the "All or Nothing" modality, UONSET will only send the money collected, for account and on behalf of the Onsetters, in the event that the Artist has met or surpassed the previously set collection goal.

Section 1.2. No refund of contributions. Contributions originating from Onsetters for UONSET are of a definitive and irrevocable nature.  In no case will UONSET, as simple intermediary, be responsible for refunding or returning contributions to Onsetters. If this occurs, it will be due to mere liberality and autonomy of the Artist.

Section 1.3. Holding of Contributions. Regarding the "Flexible" Crowdfunding modality, UONSET will not hold, possess, provide custody for, or be the depository of the money collected for financing musical projects. The Onsetters will allocate contributions under this modality directly to the Artist.  For all purposes, UONSET is an intermediary facilitating contact between the Onsetters and the Artist. As such, UONSET will provide contact information, without said activity constituting any link to the contribution or its future returns.

If the project of the author, creator, or third party becomes, or if UONSET deems that it may become, the source of a breach or the object of a lawsuit. UONSET will have no other choice than to suggest to the contributor to direct the contribution to a different project that complies with all regulations, propose modifying the project so that it does not breach the terms and conditions, or to suggest a reimbursement of the contribution.

Section 1.4. Modifications. Once the musical project begins, the collection time, amount to be collected, and rewards offered will not be subject to modifications.  The content or other element of the project may only be modified with prior and express authorization from UONSET.

Section 1.5. Currency exchange: All amounts must be converted into the currency of the destination.

ARTICLE III. REWARDS

Section 1.1. Determining Rewards. The Artist must determine exactly the type of reward with which it will provide compensation for the voluntary contribution of the Onsetters. Rewards must be real and acquirable by the Artist, and may not be subject to future conditions, other than fulfillment of the set collection goal or of receipt of contributions, according to the chosen collection modality. Some examples, among others, are:

-   Virtual: Acknowledgements, mentions, greetings, digital downloads, e-mails.

-   In Person: Invitations, time with the Artist, backstages, performances, serenades, tickets.

-   Material: Physical albums, special editions, T-shirts, hats, merchandise, instruments, tickets, admission to concerts.

-   Financial: Yields from the sale of albums, performances, tours, image.

Section 1.2. Responsibility regarding Delivery of Rewards: For all legal purposes, the Artist who created the project is solely and exclusively responsible for producing and delivering the rewards offered, or an equivalent value, as long as the requirements for their demand are met in conformity with the modality used. The Artist shall deliver the rewards offered in accordance with the stipulated time, place, and modality, even if the funds required to develop the project are not obtained in full. The Artist who publishes a project releases UONSET from any responsibility regarding contributors or any third party with respect to the delivery of rewards involved in his/her musical project.

Section 1.3. Tax and expenses. The Artist will be the sole party in charge of taxes, expenses, or outlays incurred during the preparation, manufacture, fabrication, design, printing, musicalization, delivery, transportation, or, in general, any other act involved in the development, delivery and/or production of the offered rewards.

ARTICLE IV. UONSET FEES

Section 1.1. Consideration for specialized publishing service. As consideration for the use of the specialized publishing service of the UONSET Webpage, the Artist must pay UONSET, without exception, an amount equivalent to 15% of the collected amount under any modality, by way of a fee. For this purpose, upon acceptance of this agreement, any breach hereof will become res judicata and will grant a right of execution for enforcement through legal action of all, any, or some of the obligations derived therefrom, without prior notice or declaration of default to the debtor who waives as of now all legal notices.

ARTICLE V. LIMITATION OF LIABILITY

Section 1.1. Limitation of Liability. In no case will UONSET be liable for any direct or indirect damage, loss, or expense, or for any financial loss including, without limitation, promised rewards, and/or loss of earnings due to revenues or profit incurred in by the contributor as a result of or in connection to the project of the author, creator, or third party.  These limitations may be applied regardless of how the liability of UONSET arises including, without limitation, negligence or non-compliance by UONSET, even if said non-compliance involves the main purpose or a fundamental obligation.

The Artist or creator of the musical project acknowledges and accepts that UONSET will not be liable for continuing or cancelling services related to the project or the project itself, or any other charge related to the project of the author, creator, or third party. The latter -author, creator, or third party- must immediately reimburse UONSET for the totality of said charges, having previously received a notice from UONSET.

The Artist, creator, or third party assumes all risks and responsibilities for any damages caused by non-compliance, and releases UONSET of any responsibility.

Section 1.2. Warranty Disclaimer. The Artist  releases UONSET from any warranty either implied by law, use, or otherwise regarding the projects, their purpose or execution including, without limitation, any legal or presumed guarantee, or a guarantee of fitness for a particular purpose.   UONSET is not liable before the Artist, the Onsetter, or a third party regarding the contributed resources, or any other remedy available at law or in equity with respect to the project or its execution, which is the exclusive duty and responsibility of the creator or artist associated to the project who, for all purposes herein, will be considered as a third party with regard to UONSET.

ARTICLE VI. INTELLECTUAL AND INDUSTRIAL PROPERTY

Section 1.0. Liability regarding any claim, action, or lawsuit. The author or creator linked to the musical project must, at his/her own expense and except as otherwise provided, defend or reconcile, at his/her prerogative, any claim, lawsuit or procedure brought against him by the Onsetter or by a third party, based on a claim involving the infringement, ownership, inadequate use of distinctive marks, brands, industrial designs, patents, advertising rights, utility models, new creations, or copyrights. The Author or Creator involved in the musical project must pay all direct damages and costs finally allocated in favor of the third party claimant and against the Artist and/or the Onsetter. The Author or Creator involved in the musical project will not have the power or authority to decide any action in the name of UONSET, nor may he/she incur in any costs or expenses on its behalf. UONSET will not be liable for any infringement resulting from the use of contributions by the author or third party in manner not reasonably foreseen.

Section 1.1. Waiver of Intellectual Property. The name or logo of UONSET as well as any other associated composite mark are the industrial property of UONSET. The Artist or creator of the project is strictly forbidden to use the name of UONSET in any publication, commercial, or any other type of advertisement without prior written consent from UONSET. Requests for authorization must be addressed to This email address is being protected from spambots. You need JavaScript enabled to view it. and await confirmation of receipt. All associated brands that do not belong to UONSET are commercial brands belonging to their respective third parties. The information and references that UONSET produces regarding names, brands, projects, or services from third parties, or hypertext links to third party Websites do not necessarily constitute or imply endorsement or sponsorship by UONSET, or a recommendation in favor of the third party, the information, or the service. Information circulating on the UONSET Webpage must not be interpreted as an implicit, mandatory or any other type of license on any intellectual property rights or otherwise belonging to UONSET or to third parties. Nevertheless, UONSET may provide a link that leads to the content of the musical projects and general information appearing on the UONSET Webpage, which the Artist may use on different media and social networks, without prejudice to compliance with the regulations contained in this Section and, in general, in this Agreement.

ARTICLE VII. NATURE OF THE INFORMATION

Section 1.0. Materials. Any material, information, question, comment, suggestion, data, or idea that the Artist or Creator involved in the musical project transmits, sends, or publishes on the UONSET Webpage (excluding personal information discussed under the Internet Privacy Policy) is considered and shall be treated as non-confidential and/or private, and may be reproduced, used, distributed, or spread by UONSET for any purpose including, without limitation, the development of projects or services that incorporate said information. UONSET assumes no obligation to protect said information from being spread and will be free to reproduce, use, and distribute any idea, concept, know-how, or technique contained in said information to others without restriction.

ARTICLE VIII. DATA PROVISION AND PROTECTION

Section 1.0. Data provision. UONSET will not disclose to third parties any personal information provided by its users, Onsetters, Artists, Bands, or Artistic Groups necessary for registration, except upon request from a competent authority or from persons designated by the subject providing said information for user registration.

Nevertheless, users, Onsetters, Artists, Bands, or Artistic Groups expressly accept that UONSET will receive, collect, analyze, and pass on to third parties all opinions and ratings of users and Onsetters, and may file reports addressed to the media, authorities, companies, or citizens when making a contribution. The following data will be exchanged between the creator of the musical project and the Onsetters in order to enable delivery of products, rewards, and services:

- Name, Surname:

- Citizenship Card Number:

- E-mail:

Section 1.1. Personal data protection and privacy policy. This personal data protection and privacy policy (hereinafter the "Policy") regulates collection, storage, treatment, administration, transfer, transmission, and protection of information received from third parties through different channels that collect personal information (hereinafter "Personal Data") that UONSET has made available to the general public through different channels in accordance with the provisions contained in Law 1581 od 2012, Decree 1377 of 2013, and other relevant regulations that contain general provisions for the protection of Personal Data.

UONSET, which shall be the Controller of Personal Data, as defined in Law 1581 of 2012, respects the privacy of each and every third party providing Personal Data through different data collection and capture points provided for this purpose. UONSET receives the mentioned data, stores it in an adequate and safe manner, and uses it. This does not prevent third parties from verifying the accuracy of said data and exercising their right to know, update, rectify, and delete information provided, as well as their right to revoke authorization given to UONSET for processing their Personal Data. Data collected by UONSET belonging to third parties is processed and used in conformity with the current privacy and data protection regulations mentioned above.

UONSET gathers Personal Data for the purpose of consulting, processing, and using it for the following specific ends:

(i) Innovating, improving, developing, and implementing new promotional campaigns for products and services; designing and offering new products and services through permanent analysis of the preferences, taste, and profiling of the users of the UONSET Web platform. 

(ii) Carrying out basic administrative tasks.

(iii) Communicating sales promotions, novelties, products and services related to the advertisement and promotion of musical projects on the UONSET Web platform through any means established for said purpose. Said use will only be made if the third parties decide to submit the information voluntarily and provide express authorization to this end.

The use, determined by the different purposes indicated above, which include sending commercial information and publicity related to the products and/or services offered by UONSET, may be carried out through (i) e-mails to the address provided by the UONSET user when registering on the Webpage, (ii) text messages (SMS), and/or (iii) telephone calls (mobile phones or land lines).

Personal Data is understood as personal information provided to UONSET, in any way and through any channel for its receipt by third parties, which includes data such as names, surnames, birth dates, identity document type and number, gender, postal address, email address, land line, mobile telephone, city of residence, and field of work.

The data subjects understand that entering their Personal Data is voluntary, taking into consideration the characteristics enabled for said purpose, and the powers by virtue of which UONSET may use said data, and they understand as well that the information will form part of a file and/or database that will contain their profile, which may be used by UONSET in accordance with the terms and for the ends established herein.

Moreover, the data that the data subject provides voluntarily must be truthful and complete, and will not be used, processed, or transferred beyond the limits defined by said data subject in his/her statement of consent (see Law 1581 of 2012 and Regulatory Decree 1377 of 2013) and those established by the regulations in force, that is, for commercial purposes that each Author, Band, or Artistic Group has with UONSET. Additionally, UONSET will share and transfer information only if it is forced to do so by an administrative or legal authority.

The client authorizes UONSET to share his/her Personal Data with the Onsetters.  Likewise, he/she authorizes UONSET to use his/her Personal Data for UONSET's own management to generate added values. Therefore, he/she authorizes UONSET to keep, update, process, consult, and handle them in the manner established in this Policy.

UONSET clarifies that although data processing activities regarding data entered by the data subjects are carried out by UONSET personnel, these activities may be carried out by contractors and/or service providers (Processors of Personal Data) who may have access in any way to the Personal Data entered in the UONSET databases, by reason of any special assignment. The Processor is contractually bound to store, process, protect, and keep certain information as confidential and may not process said information for any purpose other than that contractually indicated by UONSET. By accepting this Policy the ends described in this paragraph are also accepted.

The data subject may know, update, rectify, and delete the data provided, and he/she may also exercise his/her right to revoke authorization given to UONSET for its processing  through the channels established for said purpose.

In addition to the provisions of this Policy, the procedures to be followed for addressing inquiries and claims shall be those established in the applicable regulations, especially those referred to in Articles 14 and 15 of Law 1581 of 2012.

UONSET will safely store information and will process data entered by the data subjects in a safe way. Therefore, it will take all measures required to protect its information against loss, abuse, tampering, non-authorized or fraudulent access or use. Likewise, these activities may be carried out by contractors and/or service providers (Processors of Personal Data) who may have access in any way to the Personal Data entered in the UONSET databases, by reason of any special assignment. The Processor is contractually bound to store, process, protect, and keep certain information confidential and may not process said information for any purpose other than that contractually indicated by UONSET.

UONSET will not be liable for any consequence derived from undue access by third parties to the databases and/or for any technical failure in the operation and/or conservation of data in the data storage system for causes not attributable to UONSET.

In compliance with the Law, UONSET refrains from collecting data of any nature regarding minors, or Sensitive Data of its clients, as stipulated in Law 1581 of 2012.

For more information related to legal provisions on data protection and to information regarding claim procedures thereof, please visit the Webpage of the Superintendency of Industry and Commerce (www.sic.gov.co).

 UONSET reserves the right to modify this Policy at any time without prior notice. Any modification will be in force and will be enforceable before third parties upon its publication through the appropriate channels.

ARTICLE IX. MODIFICATIONS

Section 1.1. Unilateral Modifications. UONSET reserves the right to modify the content of this document at any time and without prior notice. If the above were to happen, the new document will appear on the UONSET Webpage, indicating the date of the modifications and the date on which the modifications become effective. If the Artist or Creator involved in the musical project continues using the UONSET platform after the modifications become effective, it shall be understood that he/she understands and accepts the new content in full and without reservations. If he/she does not agree with the modifications, he/she may cease to use or to access the UONSET virtual platform.