General Terms and Conditions

    1.    Acceptance of Terms: Therisingstarventures.com (“TRSV”), operated by PHMC GPE LLC a DE registered Company, is an online service that facilitates music fans (a “Fan”) contributing to the recording costs of independent musician’s (the “Artist”) music and also (optionally) to contribute to a charity officially agreed by TRSV (the “Charity”) (collectively, the “Service”). The Service is operated from the website www.Therisingstarventures.com. The use of the TRSV Service by an Artist to raise money from Fans shall be referred to as a “Campaign”. To participate in the Service you must read and accept all of the terms and conditions of this agreement. Artists are also subject to the terms and conditions in Supplemental Terms and Conditions – Artists, which is incorporated by reference into this agreement. TRSV may modify the terms of this agreement, in our sole discretion, by posting amended terms to the Therisingstarventures.com website. Your continued use of the service indicates your acceptance of the amended agreement.
    2.    Participation: Your participation in the Service may require that you supply certain personal information to TRSV. The information you supply must be full, complete, and accurate. You are required to maintain and update this information to keep it current, complete and accurate. Personal information supplied will be subject to TRSV Privacy Policy, which is incorporated by reference into this agreement. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
    3.    Responsible Use / Code of Conduct: As a condition of participation in the Service you will not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by TRSV. Further your use of the Service will be in conformity with the TRSV Code of Conduct, which is incorporated by reference into this agreement. TRSV may remove any content or account at any time for any reason at its sole discretion.
    4.    Abuse: To report any abuse of the Service please email: contact @ Therisingstarventures.com
    5.    Content: All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for any item of Content that you post, email or otherwise make available via the Service. TRSV does not control, and is not responsible for, Content made available through the Service, and by using the Service you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. TRSV makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in such Content. You must evaluate, and bear all risks associated with, the use of any Content or any reliance on said Content, and in no circumstances will TRSV be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that TRSV does not pre-screen or approve Content, but that TRSV shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for any reason.
    6.    Trademark and Copyright: Therisingstarventures.com, TRSV, Therisingstarventures.com, the TRSV logo, and other names, logos, icons and marks identifying TRSV products and services are trademarks of Therisingstarventures.com and may not be used without the prior written approval of Therisingstarventures.com. All rights not expressly granted in this agreement are reserved.
    7.    Financial Transactions: TRSV acts as an intermediary between Fans and Artists, and all monies collected are held on account until they are disbursed. After a Campaign reaches a predetermined collection point (the “Pledge Target”), TRSV will charge participating Fan’s credit cards or payment accounts for the pledged amount. TRSV will then make any charitable contribution required as part of the Campaign, and disburse funds to cover the Artist’s recording and associated expenses (including TRSV’s fee for running the Campaign). If a Campaign does not reach the Pledge Target, or expires before collecting enough contributions to meet its target, TRSV will neither charge nor accept payments from any Fan. TRSV is in no way responsible for the performance or obligations of the Artist. After TRSV charges a Fan’s credit card or other payment account there will be no refunds, unless in its sole discretion TRSV determines that a refund is appropriate (and any refunds made shall be subject to any associated transaction costs). TRSV is under no obligation to become involved in disputes between Fans and Artists, or between Fans and any third party. In the event of a dispute, you release TRSV, its officers, employees, agents and successors from claims, damages, or demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. Artists are wholly responsible for fulfilling obligations both implied and stated in any campaign they create. TRSV will engage in commercially reasonable efforts to collect monies committed by Fans, however TRSV does not guarantee that it will collect the full amount of money committed by Fans. TRSV reserves the right to terminate a Campaign and refund all Fans payments at any time for any reason.
    8.    Termination: TRSV may terminate or suspend any and all Services, and your TRSV account, immediately and without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your TRSV account, you may simply discontinue using the Services or send an email to contact @ Therisingstarventures.com (all termination request will be completed within 30 days). All provisions of the General Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.
    9.    Disclaimer of Warranties: YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM TRSV IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/ OR OTHER CONTENT. THE SERVICES AND/OR OTHER CONTENT YOU DOWNLOAD FROM TRSV ARE PROVIDED ON AN “AS IS” BASIS. TRSV EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRSV MAKES NO WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY OTHER CONTENT YOU DOWNLOAD FROM TRSV WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TRSV MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
    10.    Limitation of Liability: IN NO EVENT WILL TRSV OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF TRSV IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRSV’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRSV FOR THE SERVICE, BUT IN NO CASE WILL TRSV ’S LIABILITY TO YOU EXCEED £200. YOU ACKNOWLEDGE THAT IF NO SUMS ARE PAID TO TRSV FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM TRSV, REGARDLESS OF THE CAUSE OF ACTION.
    11.    External Links: TRSV may provide links to other websites or resources, however TRSV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TRSV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
    12.    Indemnity: You agree to indemnify and hold TRSV, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any content, any third party content you post or share on or through TRSV, your use of the Service or TRSV, your conduct in connection with the Service or TRSV or with other users of the Service or TRSV, or any violation of this Agreement, any law or the rights of any third party.
    13.    Entire Agreement: This agreement constitutes the entire agreement between you and TRSV regarding the use of the Service, superseding any prior agreements between you and TRSV relating to the Service. The failure of TRSV to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. If any provision of this agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforce ability of any remaining provisions. No variation to this agreement will be binding upon TRSV unless it is made in writing and signed by a director or officer of TRSV.
    14.    Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the law of Delaware State and US Federal Law, without regard to its conflict of laws principles. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Delaware  court of Chancery. You waive any claim that any a legal proceeding (including any tort claim) brought in accordance with this clause has been brought in an inconvenient forum or that the venue of that proceeding is improper.

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