Updated as of January 24, 2022
User Accounts and Eligibility to Use the Services
You must be 18 years of age or older to use the Services. Users suspended from using the Services are not eligible to use the Services. Sam First Records reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Services at any time for any reason without liability.
You will need to create an account with Sam First Records ("User Account") to use some of our Services. All information submitted in connection with a User Account on the Services must be accurate and truthful. You are responsible for maintaining the confidentiality of your User Account, and you agree to notify Sam First Records immediately if you suspect or discover that your User Account has been used without authorization or there has been any other breach of security of your User Account. You also agree to provide additional information that Sam First Records reasonably requests in order to verify your identity or eligibility to use the Services. Sam First Records can change eligibility criteria, cancel any User Account, or decline to offer its Services at any time.
License To Users
Sam First Records grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services, subject to the User's eligibility and continued compliance with the Terms. Permissions granted by Sam First Records may be revoked at any time, without advance notice, and with the sole discretion of Sam First Records.
Each User is solely responsible for any content on the Services posted by the User or through their User Account ("User Content"), such as photos, videos, text, graphics, logos, artwork and other audio or visual materials. You hereby grant Sam First Records a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute your User Content on or in connection with the Services and our related marketing and promotional activities. As between you and Sam First Records, you continue to hold all ownership interest in your User Content. You represent and warrant that your User Content, and thereby Sam First Records's use thereof in connection with the Services, will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or any applicable law.
Sam First Records is not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam.
- use the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, or any other characteristic;
- use language that is offensive or vulgar;
- post images or videos that are offensive, vulgar, or sexually explicit or post links to sites that contain offensive, vulgar, or sexually explicit material or show people or animals being hurt or degraded;
- spam the comments sections of other Users with offers of goods and services or inappropriate messages;
- engage in any activity that interferes with or disrupts the proper working of the Services or any activities conducted on the Services; or
- take any action that imposes, in Sam First Records's sole discretion, an unreasonable load on Sam First Records's infrastructure;
Sam First Records at its sole discretion may remove any User Content, terminate any User Account, or suspend any User that violates the Terms. Sam First Records is under no obligation to provide a reason for taking any such action.
Sam First Records and Services are an online venue that allows people and entities to connect with artists and provide funds in support of creative work.
In these Terms and throughout the Services, we refer to those raising funds as "Artists" and to their fundraising projects as "Projects." We refer to those providing funds as "Fans" and to the funds they provide as "Contributions."
We refer to any reward (such as access to a digital download, a copy of a CD, or a production credit) proposed by an Artist to Users to encourage contributions as a "Participant Offer." Artists may present Participant Offers in the form of tangible items or intangible items or services. Participant Offers are not offered for sale. We classify Contributions into two different categories, "Standard Support and "Unconditional Support".
We refer to "Standard Support" as a Contribution whereby the Fan is charged for their Contribution at check-out. The Fan may request a refund and will receive 100% of their Contribution if the Fan's request for refund is made in writing to Sam First Records within thirty-days of making the Contribution. Sam First Records will hold the Contribution in a project account on behalf of the Artist, and will release the Contribution to the Artist upon confirmation from the Artist that it has fulfilled and delivered the promised Participant Offer to the Fan. In the event that the Artist does not fulfill its promise to the Fan and for any reason fails to deliver a promised Participant Offer, 100% of the Fan's contribution will be refunded to the Fan.
We refer to "Unconditional Support" when a fan agrees to allow Sam First Records to immediately distribute the funds of their Contribution directly to the Artist. Once a purchase is marked as "Unconditional Support" there will be no possibility of a refund to the Fan from Sam First Records, even if the project does not materialize. By choosing "Unconditional Support" the Fan fully acknowledges and agrees that they are waiving their option for a refund from Sam First Records for any reason. This is 100% optional for the Fan but is the perfect solution for those who want to support the Artist unconditionally.
Each individual Project will have its own Project Page, identifying the Artist and their Project, which will include a description of the Project, and the Artitst's creative goals and vision for the Project. Prior to a Project being launched, the Artist must notify Sam First Records of the Project End Date.
As a means of engaging with their fan base, and as a means of providing incentive to Users to help fund a Project, Artists may list on their Project Page various Participant Offers that are available to Fans providing a designated Contribution the Project. To illustrate, an Artist may designate a Participant Offer in the form of a CD to any Fan that provides a $25 Contribution to the Project, deliverable upon completion of the Project.
Changes to Participant Offers. Once a Fan has made a Contribution and designated a specific Participant Offer, the Artist may not in any way change or duplicate the Participant Offer. Sam First Records reserves the right, in its sole discretion, to allow an Artist to extend a Project End Date, upon showing of a valid basis or explanation justifying the change. Changes to a Project End Date will not be announced or noticed on the Project Page or otherwise made available to Fans and other Users.
Prohibited Projects and Participant Offers
Artists are not permitted to create a Project to raise funds for illegal activities, to cause harm to people or property, or to scam others. Artists shall not make any false or misleading statements in connection with their Projects.
Artists are not permitted to offer or provide any of the following as or in connection with an Offer:
- any form of "security" (as such term is defined in the Securities Act of 1933);
- any form of financial incentive or participation in any profit sharing;
- any form of virtual currency, stored value, cryptocurrency, cryptocurrency mining equipment, or digital wallet;
- any form of video game/virtual world currency, credits, or game items, unless the Artist is the operator of the virtual world;
- any social media activity, such as Twitter followers, Facebook likes, YouTube views, and other forms of social media activity or online traffic;
- any form of investment or credit services, real estate opportunities, insurance, bail bonds, bill-pay services, money orders, mortgage consulting or debt reduction services, credit counseling or repair, credit card and identity theft protection;
- any alcoholic consumer products (vouchers or memberships offering physical delivery of alcoholic consumer products are permitted);
- any form of tobacco, e-cigarettes, e-liquid, or prescription-only medication or equipment;
- any controlled substance or drug paraphernalia;
- any nutraceuticals, pseudo-pharmaceuticals, nutritional supplements or other products that make health claims that have not been approved or verified by applicable regulatory bodies, or that make specific claims about weight loss, energy, or improved physical performance;
- any legal substance designed to provide the same effect as an illegal drug (e.g., salvia, kratom);
- any adult content, products, services or access thereto, including without limitation, pornography, escorts, sex toys, gentleman's clubs, topless bars, and strip clubs
- any counterfeit goods;
- any weapons, ammunition, explosives, fireworks, radioactive materials, and related goods or accessories;
- any form of lottery or gambling, bidding fee auctions, fantasy sports leagues with any cash prizes, games of chance, contests, or sweepstakes with any cash prizes,
- any form of air transportation; cruises, timeshares, or travel reservation services or clubs
- any remote technical support services
- any psychic services
- any items promoting hate, discrimination, personal injury, death, damage, or destruction to property; or
- any items (a) prohibited by applicable law to possess or distribute, (b) that would violate applicable law if distributed, or (c) that would result in infringement or violation of another person's rights if distributed.
Sam First Records reserves the right to reject, interrupt, remove, or suspend any Project or Offer at any time and for any reason. Sam First Records 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.
Artists agree to be responsive and truthful to Fans and Users, to make good-faith efforts to provide and deliver Participant Offers as promised in connection with a Project, and to provide updates on the status of the Project, in particular to the Fans that have provided Contributions or otherwise supported the Project.
Supporting a Project
By using the Services, you understand and agree that the primary function of Contributions rendered to an Artist is to assist musical artists in the creation and development of creative work. In the event you choose to provide a Contribution, you do so with no expectation of profit, profit participation, royalties, ownership interest, monetary reward, or compensation of any kind.
You are solely responsible for asking questions and investigating Artists, Projects, and Participant Offers to the extent that you feel is necessary before providing a Contribution. Said Contribution is provided voluntarily and at your sole risk and discretion. Sam First Records does not guarantee that Artists will use Contributions as promised, that Artists will deliver Participant Offers, or that the associated Project will achieve its goals or be completed. Sam First Records does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project or Participant Offer or the truth or accuracy of User Content posted on the Services. If a Contribution is returned to you in full, the Artist has no further obligation to you in connection with such Contribution.
Providing Standard Contribution. All Contributions are designated Standard Contributions by default. With Standard Contributions, you provide your payment information and are charged at checkout. You may request a Standard Contribution refund, within thirty-days from the date the Contribution was made, at no cost, by submitting a Support Request.
Providing Unconditional Support. You understand that the Artist is entitled to immediately receive your Contribution the moment you designate said Contribution as Unconditional Support. Once a purchase is marked as "Unconditional Support" there will be no possibility of a refund to the fan from Sam First Records, even if the project does not materialize. By choosing "Unconditional Support" the fan fully acknowledges and agrees that they are waiving their option for a refund from Sam First Records or the for any reason. This is 100% optional for the Fan but is the perfect solution for those who want to support the Artist unconditionally. A Fan may request a refund from the Artist only if the Project has been completed and the Artist is unable to perform on any promise and/or commitment a Fan (including delivering any Participant Offers).
Refunds. Except as noted above, Sam First Records does not issue refunds. Once a Contribution has been transferred to an Artitst, a Fan may only seek a refund by contacting the Artist. Any discussion or dispute relating to a refund of a Contribution (or delivery of a Participant Offer) is between the Fan and the Artist. Sam First Records expressly disclaims all liability related to any such claim and is under no obligation to get involved in any such dispute.
Sam First Records is under no duty or obligation to investigate claims or promises made by an Artist, and does not endorse, guarantee or make any representation about any Artist, Project, or Participant Offer.
Sam First Records makes no representations or endorsement about the quality, safety, morality or legality of any Artist, Project, or Offer or about the truth or accuracy of User Content posted on the Services. Sam First Records does not represent that Artists will deliver Participant Offers or that Contributions will be used as described in the Project. Users use the Services at their own risk.
Setting up a User Account on the Services is free. Sam First Records does not charge service fees to Fans.
Unsolicited Idea Submissions
Consistent with our culture of open innovation, Sam First Records is always pleased to hear from our User community and welcomes comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, Services and features developed internally by Sam First Records might be similar or even identical to a submission received by Sam First Records, the following policy applies to all User submissions to Sam First Records of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) Sam First Records will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) Sam First Records will not be liable for any use or disclosure of any submission; and (d) Sam First Records shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the submitting User.
Users agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), each User states that such User is: (a) not a citizen of, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control "OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time; and (b) not otherwise prohibited under the Export Laws from receiving such products and information. Funds may be frozen and/or turned over to the applicable governmental enforcement agency if a Project is deemed to be in violation of Export Laws.
If you believe that your copyrighted work has been used in a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the "DMCA") or that any User Content infringes your intellectual property rights and is accessible in the Services, please notify Sam First Records's legal department through the support email address. "Infringement" means the unauthorized use of copyrighted material in violation of intellectual property rights. For such complaint to be valid, you (the "Complainant") must provide the following information in writing (the "Notice of Infringement"):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sam First Records to locate the material.
- information reasonably sufficient to permit Sam First Records to contact the Complainant, such as an address, telephone number, and, if available, an electronic mail address at which the Complainant may be contacted.
- a statement that the Complainant has a good faith belief that use of the material in the manner complained of is not authorized by the Complainant, its agent, or the law.
- a statement that the information in the notification is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted to the Sam First Records DMCA agent ("the DMCA Agent") by mail and email to the following addresses:
Sam First Records
Attention: DMCA Agent
16192 Coastal Highway
Lewes, DE 19958
If any User (the "Respondent") believes that its User Content has been removed or disabled by mistake or misidentification, such Respondent may file a written counter-notice (the "Counter Notice") with the DMCA Agent, including the following information within five business days from receipt of the Notice of Infringement:
- a physical or electronic signature of the Respondent;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the name, address, and telephone number of the Respondent, and a statement that the respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Respondent's address is outside of the United States, for any judicial district in which the service provider may be found, and that the respondent will accept service of process from the complainant or an agent of the complainant.
Upon receipt of the Counter-Notice by the DMCA Agent, a copy of the Counter-Notice may be sent to the Complainant informing the Complainant that Sam First Records, at its discretion, may replace the removed material or cease disabling it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter-Notice, unless the DMCA Agent receives written notice from the Complainant that the Complainant has filed an action seeking a court order to restrain the Respondent from engaging in infringing activity relating to the unauthorized use of the material on the service.
Sam First Records WILL TAKE NO ACTION UPON ANY FAILURE TO PROVIDE THE INFORMATION OR OTHERWISE FOLLOW THE PROCESS OUTLINED ABOVE.
In accordance with the DMCA and other applicable laws, Sam First Records has adopted a policy of terminating, in appropriate circumstances and at Sam First Records's sole discretion, repeat infringers.
Third-Party Websites, Advertisers, or Services
Each User agrees to defend, indemnify and hold harmless Sam First Records, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. Sam First Records may assume the exclusive defense and control of any matter for which Users have agreed to indemnify Sam First Records and each User agrees to assist and cooperate with Sam First Records in the defense or settlement of any such matters.
Sam First Records HAS NO FIDUCIARY DUTY TO ANY USER. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
Waiver And Release
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, New York residents must, as a condition of this agreement, waive the applicability of New York Civil Code Section 1542 for unknown claims which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." EACH USER HEREBY WAIVES THIS SECTION OF THE NEW YORK CIVIL CODE AND ANY SIMILAR PROVISION IN ANY LAW, REGULATION OR CODE THAT HAS THE SAME EFFECT OR INTENT AS THE FOREGOING RELEASE.
Limitation Of Liability
Sam First Records (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO Sam First Records FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
Sam First Records HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow Sam First Records to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Sam First Records's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Sam First Records does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by Sam First Records without restriction or consent.
Termination of a User Account may result in the forfeiture and destruction of all information associated with the User Account. Users may terminate their User Account by following the instructions on the Services, but Sam First Records may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms, that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in New York (the principal place of business and corporate headquarters of Sam First Records); and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Sam First Records, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the laws of the state of New York and applicable federal law, without respect to conflict of laws principles.
Each User agrees that any and all disputes or claims that have arisen or may arise between such User and Sam First Records relating in any way to or arising out of this or previous versions of the Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that such User may assert claims in small claims court, if such User claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of the Terms as a court would. To begin an arbitration proceeding, a User must send a letter requesting arbitration and describing the claim to our registered agent at
16192 Coastal Highway
Lewes, DE 19958
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. A User may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where such User lives or at another mutually agreed location. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, such User waives any right to a jury trial. User and Sam First Records also both agree that User or Sam First Records may bring suit in court to seek temporary or provisional remedies. If for any reason, any claim proceeds in court rather than in arbitration, the action shall be exclusively brought in a court of competent jurisdiction located in the city and county of New York, New York.
Disclaimers and Taxes
Artists and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. Sam First Records merely provides a technology platform to allow Artists to connect with Fans. Sam First Records does not engage in any solicitation activities, and Sam First Records's provision of Services is not a solicitation of donations. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
Sam First Records makes no representations, warranties or other assertions as to the potential tax deductible status of any contribution by a Fan to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax-advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed- or remains currently deemed-a charitable or tax-advantaged organization by the Internal Revenue Service.
Sam First Records is not a broker, agent, financial institution, creditor, or 501(c)(3) nonprofit corporation. All information and content provided by Sam First Records relating to the Services is for informational purposes only, and Sam First Records does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice.
Users are solely responsible for any taxes in connection with their use of the Services and Payment Processing Services, including without limitation, assessment, collection, reporting, payment, audits, fines, interest, and any other costs and responsibilities associated therewith. Taxing authorities may classify funds raised on the Services as taxable income to the Artist and any beneficiary who will receive funds directly from the applicable Project. Sam First Records will ask for the tax identification number (TIN) of Artists and any beneficiaries so that we may report taxable income to the relevant taxing authorities. Sam First Records will provide Artists with a tax document if required by the relevant taxing authorities.
In the event of a conflict between the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.A.
Cooperation With Authorities and Police Enforcement
Sam First Records will cooperate with law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.
Users agree that Sam First Records may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
The Terms, including any policies, agreements, terms, or laws referenced herein, are the entire agreement between each User and Sam First Records regarding its subject matter. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No failure or delay on the part of Sam First Records in exercising any provision, right, or remedy provided in the Terms shall operate as a waiver thereof; nor shall any single or partial exercise of or failure to exercise any such provision, right, or remedy preclude any other or further exercise thereof or the exercise of any other provision, right, or remedy provided herein or at law or in equity. The headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of the Terms
Changes To Terms
Sam First Records may alter the Terms at any time, so please review them frequently. If a material change is made, Sam First Records may notify Users in the Services, by email, by means of a notice on the Services, or other places we think appropriate. A "material change" will be determined at Sam First Records's sole discretion, in good faith, and using common sense and reasonable judgment.
Sam First Records
16192 Coastal Highway
Lewes, DE 19958