busker
GENERAL TERMS OF SERVICE
Effective: March 27, 2023
Last Updated: JUNE 1, 2023
These terms set forth our legal obligations to each other. They apply to your use of our services.
IMPORTANT NOTE: The section titled “Settling Disputes Between You and busker” contains an arbitration clause and class-action waiver that applies to all U.S.-based busker users. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
When we say “busker,” “we,” “us,” and “our” in these terms, we mean Microbits,club of Delaware USA, its subsidiaries, and its related companies and brands.
When we say “services” in these terms, we mean busker’s services, apps, websites, and other products.
When we say “you” or “your,” we mean you. If you’re accessing our services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.
We also have a PRIVACY POLICY, COMMUNITY GUIDELINES, COPYRIGHT & IP POLICY and other policies that apply to your use of our services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our services. busker’s PAID SERVICES TERMS apply to any purchase you make through busker.
Together, these rules make busker possible, and they matter to us. If you believe others aren’t following them, please let us know by reporting it to us.
Who we are
We provide services, some that allow you to interact with other busker users (such as through direct messages and group direct messages) and participate in large and small spaces. Our services may also include access to certain software, features, contests, and content that you can enter into or purchase from us or from others, and additional terms apply to those purchases.
Busker’s services are provided by Microbits.club. Microbits.club is a USA corporation registered at 3 Germay Drive Unit #4 Wilmington Delaware, 19804.
Age requirements and responsibility of parents and legal guardians
By accessing our services, you confirm that you’re at least 13 years old and meet the minimum age required by the laws in your country. If you are old enough to access our services in your country, but not old enough to have authority to consent to our terms, your parent or legal guardian must agree to our terms on your behalf. Please ask your parent or legal guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your child (who meets the minimum age for your country) to use the services, then these terms also apply to you and you’re responsible for your child’s activity on the services, including purchases made by them. For more information on purchases, see "busker’s Paid Services" below.
What you can expect from us
busker is a platform that hosts and monetizes User submitted videos and other content. To do that, we provide different digital spaces where you can connect with other busker users and communities. busker users communicate primarily via uploadable videos but also by text-based messages, GIFs, emoji, and other uploadable media. Voice channels allow users to communicate by voice and/or streaming video. We’re always evolving our services, and we may create other types in the future.
Users can create and edit their own content and pages, and can choose which pages to join and who users can access their content. For pages, Users control their pages' permissions and rules, including establishing membership requirements. These permissions may change over time.
We’re actively developing new features and products to improve busker. As part of these efforts, we may add or remove features, start offering new services, or stop offering some services entirely (or just in some places or for some users) if they no longer make sense from a business perspective or create risk for busker, our users, or other third parties. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.
Your busker account
To access the services on an ongoing basis, you will need to create a busker account. You can provide a username and password, and a way of contacting you (an email address). You’ll also need to attest to being over the age of 12 or over the age of 17. In some cases, you may be required to verify your account or provide additional information.
You are responsible for the security of your account, and you agree to notify busker immediately if you believe your account has been compromised.
You must always provide accurate information to busker and maintain the accuracy of the information associated with your account. We may assume that any communications we’ve received from your account or the associated contact information have been made by you, and that any purchases made using your account were made by you.
If you get locked out of your account, we’ll need to contact you at the email associated with your account. If your account is compromised or you no longer have access to your email account or phone number, we may not be able to restore your access to your account.
You agree not to license, sell, or transfer your account without our prior written approval.
Content in busker’s services
Your Content
When we say “your content” in these terms, we mean all the things you add (upload, post, share, stream, etc.) to our services. This includes text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the services, it includes that too.
You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in this section of these terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.
Your content is yours, but you give us a license to it when you use busker. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our services, you grant us a license—which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our services:
Use, copy, store, distribute, and communicate your content in manners consistent with your use of the services. (For example, so we can store and display your content.)
Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others. (For example, so we can display your messages if you post them or recommend that content to others.)
Monitor, modify, translate, and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)
Sublicense your content, to allow our services to work as intended. (For example, so we can store your content with our cloud service providers.)
This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.
We reserve the right to block, remove, and/or permanently delete your content if it is in breach of these terms, our COMMUNITY GUIDELINES or out other policies, or any applicable law or regulation, or if it creates risk for busker or negatively impacts the experience or interests of other busker users to continue to make it available.
We welcome feedback on our services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.
busker’s content
Our services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use this content as permitted by these terms, but we retain all intellectual property rights in our content.
Other content
Other people’s content. Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect busker’s own views. busker doesn’t endorse or verify the accuracy or reliability of content shared by busker users. We work hard to try to make busker a safe, positive, and inclusive place, but cannot prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.
Third party features and content. Our services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or services available from these websites or resources.
Software in busker’s services
License to our software. Some of our services allow you to download client software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to download, install, and run that software, solely to access our services.
You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or services. You also may not reverse engineer or decompile our software or services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.
Although we are granting you this license, we retain any intellectual property rights we have in our software and services.
Open source. Some of busker’s services include software subject to separate open source licensing terms and your use of those services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.
Third-Party Services. busker may allow you to access apps, bots, or other products, features, or services developed by third parties (“third-party services”). It’s your choice whether to use these third-party services and whether to participate in busker services that incorporate them. You should review any terms and policies provided by the third parties before doing so as they govern your use of their services. While these third parties do need to follow all policies that apply to them (which may include these Terms, Busker GUIDELINES, Busker Monetization Policy, Busker Paid Services Terms, and others), busker is not responsible for any third-party services.
Copyright
We respect the intellectual property of others and expect our users to do the same. See our COPYRIGHT & IP POLICY for information on how to file a copyright complaint.
busker’s paid services
We won’t charge you a fee to use the basic functionality of our services, but you may be able to pay for additional features and products. busker’s PAID SERVICES TERMS also apply to any purchase you make using busker’s supported purchase flows, and you may also be asked to agree to separate terms before purchasing or selling new offerings through busker.
Restrictions on your use of busker’s services
When using our services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the services for authorized and acceptable purposes. You must also adhere to our COMMUNITY GUIDELINES and othe policies, which contain more detailed rules about your content and behavior when using busker. Fundamentally, do not encourage or help others to do any of the following:
Don’t use the services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the services, infringing anyone else’s intellectual property rights or any other proprietary rights, exploiting, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our services.
Don’t use the services to do harm to busker. Among other things, this includes trying to gain access to or attacking our systems, scraping us, transmitting viruses or other malicious code to our services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.
Don’t use the services to do anything else that’s illegal. This includes using the services to plan or commit any crime or do anything else that is illegal.
We encourage you to report content or conduct that you believe violates these restrictions.
Termination
Your right to terminate. You’re free to stop using busker’s services at any time and for any reason. To terminate this agreement, you may delete your busker account through the Settings of the busker webapp and discontinue use of the services. Certain provisions of these terms will survive termination as outlined below in the “Survival” section.
Disabling your account limits the processing of your personal information as described in our PRIVACY POLICY. Disabling your account does not terminate this agreement.
busker's right to terminate. Subject to applicable law, busker reserves the right to suspend or terminate your account and/or your access to some or all of our services with or without notice, at our discretion for the following reasons:
You breach these GENERAL TERMS, any of busker's other policies, or additional terms that apply to specific products.
We’re required to do so to comply with a legal requirement or court order.
We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
Your account has been inactive for more than two years.
Continuing to allow your account to be active, giving you access to some or all services, or hosting your content creates risk for busker, other users, or third parties.
However, we will give you advance notice if reasonable to do so or required by applicable law.
Appeals
You can appeal any enforcement action we take under these terms, including terminations, suspensions, or content removals, admin@microbits.club.
Indemnity
If you are using the services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold busker and its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services, (b) your content, or (c) your violation of these terms.
Services “AS IS”
We work hard to offer great services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, busker, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.
Limitation of liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER busker, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT busker OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), busker LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).
busker ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN busker AND YOU. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
Settling disputes between you and busker
Informal resolution. Most disputes can be resolved informally, so if you have an issue with the services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires sending busker a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your busker account to: admin@microbits.club. If the dispute is not resolved within sixty (60) days after receipt of the written notice, you and busker agree to resolve any remaining dispute through the further dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled while the parties attempt informal resolution.
If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform. ODR allows EU consumers to resolve disputes related to the online purchases of goods and services without going to court.
Governing law and jurisdiction. The Federal Arbitration Act, federal arbitration law, and Delaware law will apply to these terms and any disputes related to these terms or our services, regardless of conflict of laws rules. Any of these disputes that are not subject to arbitration will be resolved exclusively in the state or federal courts in Delaware, and you and busker both consent to venue and personal jurisdiction in these courts.
If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.
Agreement to arbitrate.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:
You and busker agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and busker agree to resolve any dispute, disagreement, or claim relating to these terms or our services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement as well as claims that may arise after the termination of this arbitration agreement, in accordance with the notice and opt-out provisions set forth in section.
Arbitration rules. The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there’s a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to busker, please send an email with the subject line “Arbitration Demand” to admin@microbits.club.
If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and busker submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which shall be via videoconference or telephone conference unless the parties agree otherwise.
Arbitration costs. AAA sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/. If busker is the party initiating an arbitration against you, busker will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against busker, you will be responsible for all costs associated with the arbitration.
In all arbitrations, unless otherwise required by law or the AAA Rules, you’re responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.
Offer of Judgment. At least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by the offering party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover its post-offer costs and will pay the offering party’s costs from the time of the offer.
Arbitration Decision. The decision of the arbitrator will be in writing and binding on you and busker, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and busker agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these terms of service, including, but not limited to any claim that all or any part of these terms of service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of AAA or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. The arbitrator has the right to impose sanctions in accordance with the AAA Rules and procedures for any frivolous claims, improper claims, or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section or claims filed on behalf of a claimant who is not party to this agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
Mass filings. If, at any time, 30 or more similar demands for arbitration are asserted against busker or related parties by the same or coordinated counsel or entities (“Mass Filing”), these additional rules will apply:
If you or your counsel file a demand for arbitration that fits within the definition of Mass Filing, you agree that your demand for arbitration will be subject to the additional protocols set forth in this mass filing subsection.
Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. You and busker agree to jointly ask the arbitrator to agree to the following procedures: The arbitrator will randomly assign sequential numbers to each of the claims included in a Mass Filing, after which the claims numbered 1-10 will be designated the “Initial Test Cases” and will proceed to arbitration. The Parties agree to decide on a single arbitrator for all Initial Test Cases and to consolidate the cases for pre-hearing procedures and the pre-hearing conference. Unless the claims are resolved in advance or the schedule is extended, the arbitrator will render final awards for the Initial Test Cases within 120 days of the initial pre-hearing conference. If fewer than 5 Initial Test Cases resolve without a final decision of the arbitrator because they are resolved in advance, cases will be selected in batches of 10 and will proceed to arbitration until at least 5 have been resolved by a final arbitrator decision. The arbitrator’s decisions for the Initial Test Cases shall be in writing and shall contain the essential findings and conclusions of fact and law upon which the arbitrator based the decision.
The results of the Initial Test Cases resolved by a final arbitrator decision will then be given to a mediator who will try to facilitate a resolution of the remaining cases. After the results are provided to the mediator, the mediator and the parties will have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding cases. If the parties are unable to resolve the outstanding claims during the Mediation Period, either Party may choose to opt out of the arbitration process and proceed in court with its remaining claims. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. Opt out of arbitration under this section shall not be construed as opt out of the section titled “Class Waiver” below.
Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to claims in the Mass Filing.
If your demand for arbitration is included in the Mass Filing, any statute of limitations applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled.
Other remedies. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND busker ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law.
Opt-out. You can decline this agreement to arbitrate by emailing an opt-out notice to admin@microbits.club within 30 days of when you first confirmed registration of your busker account, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, busker also will not be bound by them.
Exceptions. You or busker may still pursue claims, if they qualify, in small claims court in San Francisco County, California, or any U.S. county where you live or work. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of a small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.
Class waiver. IF YOU’RE A U.S. RESIDENT, EXCEPT AS PROVIDED HEREIN, YOU AND busker AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, UNLESS busker PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or busker from participating in a class-wide settlement of claims.
Changes to this Dispute Section: busker will provide 30 days’ notice of the date of any material changes to this clause. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the site after the 30th day, you agree that any unfiled claims of which busker does not have actual notice are subject to the revised clause. If you reject any such changes by opting out of the arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the arbitration agreement will not apply to claims not yet filed. If busker changes this “Dispute Resolution” section after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you agree that your continued use of the busker product(s) or services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in this section.
More important stuff
You have certain rights that, by law, can’t be limited by these terms, and we in no way intend to restrict those rights in these terms.
Entire agreement. These terms cover the entire agreement between you and busker for your use of our services.
Additional terms. Where additional terms apply to our products or services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.
Bug reporting. We support the responsible reporting of security vulnerabilities. To report a security issue, please visit busker.video/security
Export Control. You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. You agree to not use our services to store or distribute content that is subject to export controls, unless you have obtained all required government export authorizations. Further, you represent and warrant that you are not on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.
Waiver, severability, and assignment. If you fail to follow these terms and we don’t immediately act, that doesn’t mean we’re giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our services.
Survival. Any part of these terms that by their nature should survive after termination of these terms will survive. As permitted under applicable law, this includes but may not be limited to the following:
Our rights to retain and display certain information;
Any amounts owed will remain due;
Any indemnification obligations (as applicable) such as those listed under the “Indemnity” section;
Any disclaimer of warranties such as those under the “Services ‘AS IS’” section;
Any applicable limitation of liability such as those under the “Limitation of Liability” section;
Any dispute resolution provisions, including the arbitration agreement, such as those under the “Settling disputes between you and busker” section.
Updates to these terms. We may decide to update these terms:
(1) to reflect changes to our services or our business,
(2) for legal or regulatory reasons,
(3) to prevent abuse on or of our services, or
(4) to better protect or serve users of our services.
If these changes materially affect your busker use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our services.
Contacting each other
If you have any questions about these terms, please contact us at admin@microbits.club. We may send you electronic communications related to our services. Where required, we’ll get your consent before sending you direct marketing, and we’ll make it easy for you to opt out.
Busker’s Copyright & IP Policy
April 2023
We respect the intellectual property of others, and expect everyone who uses busker.video to do the same.
Copyright Policy
Copyright complaints. If you believe someone is infringing your intellectual property rights, let us know via the procedure below. We’ll process and investigate your notice in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The most efficient way to submit a complaint of copyright infringement is to email us at admin@microbits.club (subject line “DMCA Takedown Request”). Your notice must include:
A description of the work you think has been infringed;
A description of where the material you think is infringing is located on our services (detailed enough so that we can find it, including identifiers like message links or other IDs);
A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law, and that the information in your notice is accurate;
A statement, made under penalty of perjury, that you are the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner’s behalf;
Your name and contact information so you can be reached including mailing address, telephone number, and/or email address;
Your physical or electronic signature.
There are legal and financial consequences for fraudulent or bad faith submissions. Please confirm that you are the rights holder, or have the authority to act on the rights holder’s behalf, and that you understand the repercussions of submitting a false claim.
Counter-notices. If you believe that your removed or disabled content did not infringe any intellectual property rights, you may send our Copyright Agent a counter-notice with the following information:
Identification of the content that’s been removed or disabled and the content’s location before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;
Your name and contact information so you can be reached including mailing address, telephone number, and/or email address;
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, to the Northern District of California, and that you will accept service of process from the person who notified Discord of the alleged infringement;
Your physical or electronic signature.
Complaint resolution. If our Copyright Agent receives a valid counter-notice to a complaint, we’ll forward it to the complaining party. If there’s still a dispute, it’s up to the parties to then resolve the issue in court. Unless the copyright owner notifies us that they have filed an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Infringement consequences. We may delete or disable content alleged to be infringing. It’s our policy to terminate account holders who we determine to be repeat copyright infringers.
Trademark Policy
Trademark complaints. If you believe someone is infringing your trademark rights, let us know via the procedure below. To submit a complaint of trademark infringement send an email to admin@microbits.club with heading: “Trademark Complaint”. Please provide all the information requested in the form. If you submit an incomplete report, we will need to follow up about the missing information, which will likely delay the processing of your request.
Once we have reviewed your request, we will inform the user or server owner of your complaint. We may provide the account holder with your name and other information included in the copy of the report.
Trademark appeals. The user will have 7 days to respond and make a good faith representation that they have a legally defensible claim to use the mark.
Complaint resolution. If we do not receive a response from the subject of the complaint, we will remove the content identified in the request. If we receive a valid counter-notice, we will inform the complainant. It will be the responsibility of the complainant to seek alternative methods to enforce their trademark rights.
Infringement consequences. If we determine that you violated our trademark policy, we may terminate your account. It is our policy to terminate account holders who we determine to be repeat infringers, and it is within our discretion to ban an account upon receiving a single valid complaint.
busker
COMMUNITY GUIDELINES
Effective: April 19, 2023
Last Updated: April 19, 2023
We created busker to be a platform that brings people together over shared experiences and gives everyone a place to belong. Everyone on busker must follow these rules, and they apply to all parts of our platform.
If you plan to monetize your content, be aware that we have additional rules that are outlined in our Monetization Terms.
Our Safety team reviews reports by users, moderators, or trusted reporters. When someone violates these guidelines, we may take a number of enforcement steps against them, including issuing warnings, removing content, suspending or removing the accounts and/or servers responsible, and potentially reporting them to law enforcement. We may consider relevant off-platform behaviour when assessing for violations of specific Community Guidelines.
If you come across a user, message, or server that appears to break these guidelines, please report it to us.
Respect Each Other
Do not promote, coordinate, or engage in harassment.
-- busker is a platform where everyone can find a place to belong, and harassment prevents users from building healthy communities. We do not allow harassing behavior such as sustained bullying, ban or block evasion, doxxing, or coordinating server joins for the purposes of harassing members.
We also do not allow the coordination, participation, or encouragement of sexual harassment, such as sending unsolicited sexually suggestive content, unwanted sexualization, or attacks on sexual activity.
Do not use hate speech or engage in other hateful conduct.
Do not threaten to harm another individual or group of people.
Do not organize, promote, or support violent extremism.
Do not solicit, share, or make attempts to distribute content that depicts, promotes, or attempts to normalize child sexual abuse, or depicts children in any way that sexualizes them.
We report child sexual abuse material (CSAM) and grooming to the National Center for Missing & Exploited Children.
If you are under the age of 18, do not engage in sexual conduct or any conduct that puts your online or physical safety at risk. This includes consensual sexual interactions between teens, as well as any encouragement or coordination of potentially risky behaviors, such as vigilantism.
Do not solicit sexual content from or engage in any sexual conduct (“grooming”) with anyone under the age of 18.
We report child sexual abuse material (CSAM) and grooming to the National Center for Missing & Exploited Children.
Do not make sexually explicit content available to anyone under the age of 18. You must be age 18 or older to participate in adult content on busker.
You must apply an age-restricted label to any channels that contain sexually explicit content or any other content shared solely for the purposes of sexual gratification.
Do not post sexually explicit content in user avatars, custom statuses or bios, server banners, server icons, invite splashes, emoji, stickers, or any other space that cannot be age-restricted.
Do not share sexually explicit or sexually suggestive content of other people without the subject’s knowledge and consent.
Do not share content that glorifies, promotes, or normalizes suicide or other acts of physical self-harm.
Do not share real media depicting gore, excessive violence, or animal harm, especially with the intention to harass or shock others.
Do not share content that violates anyone's intellectual property or other rights. This includes sharing or selling game cheats or hacks. For more information, please view busker's Copyright & Intellectual Property Policy.
Be Honest
Do not share false or misleading information (otherwise known as misinformation). Content that is false, misleading, and can lead to significant risk of physical or societal harm may not be shared on busker. We may remove content if we reasonably believe its spread could result in damage to physical infrastructure, injury of others, obstruction of participation in civic processes, or the endangerment of public health.
Do not misrepresent your identity on busker in a deceptive or harmful way. This includes creating fake profiles and attempts to impersonate an individual, group, or organization.
Do not engage in activities that could damage or compromise the security of an account, network, or system. This includes using deceptive techniques to trick others into revealing sensitive information (phishing), using malicious software (malware), and flooding a target with traffic in order to make a resource unavailable (denial-of-service attacks).
Do not use or attempt to use busker to promote, coordinate, or execute financial scams. A financial scam is any intentionally deceptive act taken with the intent to receive an illegal, unethical, or otherwise dishonest gain.
This includes but is not limited to: Ponzi schemes, pyramid schemes, advance-fee fraud, market manipulation (including “pump-and-dump” schemes), and romance and employment scams.
Do not engage in activities that fraudulently generate a profit at the expense of others. This includes facilitating, providing instructions for, and participating in fraud. We do not allow coordinated efforts to defraud businesses, price gouging, forgery, money laundering, or tools that facilitate illegal behavior.
Respect busker
Do not send unsolicited bulk messages (or spam) to others. Also, do not facilitate this activity, such as by selling spambots, server “raid” tools, account-creation tools, token generators, CAPTCHA-solving services, or other spam tools.
Do not sell or purchase methods for artificially increasing server membership or increase votes on content, such as via botting.
Do not organize, promote, or engage in any illegal behavior, such as the buying, selling, or trading of dangerous and regulated goods. Dangerous goods have reasonable potential to cause real-world, physical harm to individuals. Regulated goods have laws in place that restrict the purchase, sale, trade, or ownership of the goods.
Do not abuse busker products in any way, such as selling or purchasing an account or server, participating in fraudulent activities, or using busker monetization features to commit fraud.
Do not evade permanent busker-level enforcement actions. This includes creating new or using existing accounts or communities after being removed for violating our platform rules.
Do not use self-bots or user-bots. Each account must be associated with a human, not a bot. Self-bots put strain on busker’s infrastructure and our ability to run our services.
Do not mislead busker’s support teams. Do not make false or malicious reports to our Trust & Safety or other customer support teams, send multiple reports about the same issue, or ask a group of users to report the same content or issue. Repeated violations of this guideline may result in loss of access to our reporting functions.
If you see any activity that violates these guidelines, our Terms of Service, or our other policies, please report it to us in the busker web app or by sending an email to: admin@microbits.club. However, please note that we strongly discourage and may take action against vigilantism, as this behavior can put individuals in harm’s way and can also interfere with our investigations and ability to report to law enforcement.
These guidelines will continue to evolve over time. This means we may take action against a user, server, or content that violates the spirit of these guidelines when we encounter a new threat or harm that is not explicitly covered in the current version.
We will always make our best effort to notify you when we update these guidelines, but it is up to you to follow the spirit of them: keep busker safe and a place for everyone to belong.
Thanks for doing your part.
busker
Monetization Terms
Effective Date: April 15, 2023
Last Date: April 15, 2023
These Monetization Terms (“Monetization Terms”) apply to the things you sell through busker and set out the legal obligations between us and you.
When we say “busker”, “we”, “us”, and “our” in these Monetization Terms, we mean busker.video a website and online market place owned and operated by Microbits,club (a corporation of Delaware USA), except where we explicitly state otherwise.
When we say “Terms” in these Monetization Terms, we mean, collectively, these Monetization Terms, the busker general Terms of Service, and any other applicable terms, policies, or guidelines that we make available to you or apply to your use of services made available by or through busker. In the event of any conflict between these Monetization Terms and any other Terms, these Monetization Terms will govern to the extent of such conflict.
IMPORTANT NOTE:
The busker general Terms of Service have a section titled “Settling Disputes Between You and busker” that contains an arbitration clause and class-action waiver that applies to all U.S.-based busker users. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.
Accepting The Terms
By accepting these Monetization Terms, you agree to comply with the Terms and that the Terms control your relationship with us. You also confirm and agree that you are at least 18 years of age and meet the minimum age of digital consent in your country. Please read all of the Terms carefully.
If you are accepting these Monetization Terms on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Monetization Terms and by accepting these Monetization Terms, you are doing so on behalf of that entity (and all references to "you" in the Monetization Terms refer to that entity).
Selling Things On busker
As part of this program, we allow certain users to sell things on busker (an “Offering”). Offerings can include things like subscriptions to your server or content, access to certain perks or roles, one-time purchases, recurring subscriptions, and more.
Busker’s services include tools that make it easy to create and manage an Offering. You decide what you want to sell, you set the price, and you are responsible for providing the goods or services as described by you and for the period set by you. busker can choose who is eligible to sell things through our services at our discretion. We may include additional requirements or details directly in the services where you create a particular Offering, so please review those parts of our services carefully before creating an offering.
You must accurately and fully describe your Offering, including what the user gets, the full price, any disclaimers or limitations about the Offering, and any rules or requirements (such as who is eligible) or other conditions that apply to users who purchase your Offering. Once they have purchased your Offering, you must provide users with what you offered them. If you materially change an existing Offering (for example by taking away perks), you must offer users who purchased the Offering a refund, or in the case of subscription, inform them of the changes and give them an opportunity to cancel or modify their subscription before the changes take effect. If we determine that you have not provided or are unable to provide users with the Offering they purchased, we may refund those users on your behalf.
You must ensure that your Offering and any associated listing materials comply with all applicable laws, including advertising, marketing, consumer protection, gambling or sweepstakes, and data privacy and security laws, and do not contain any fraudulent, misleading, defamatory, or obscene materials. If you are selling age-restricted offerings, you must clearly identify that your offering is age-restricted. You must also verify that those who help provide or appear in your Offerings (including age-restricted content) are the age of majority, and where applicable, you must store their consent to participate. busker may remove your Offering (including any associated content), indefinitely block or withhold payment, and/or terminate your account or community for violations of our Terms. See the “Restrictions” section below for more details.
busker’s Refund Policy (the “Refund Policy”) applies to the sale of your Offering. You authorize busker to determine a user’s eligibility for a refund under the Refund Policy in its sole discretion and to apply eligible refunds to a user’s account. You must provide a way for users who purchase your Offering to reach out to you to resolve disputes directly, and you (and not busker) are responsible for resolving disputes that are not covered by the Refund Policy. Where you have been unable to resolve such a dispute and we determine that you have not provided or are unable to provide users with the Offering as described, we may provide a refund directly to users on your behalf. For any purchases made via mobile in-app purchases, you authorize the relevant mobile app store to determine refund eligibility and to issue eligible refunds directly to users.
We’re also always developing new features and products, and we may add or remove features, change who can use certain features, start offering new services, or stop offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your offering may not be accessible due to such outages or changes. To the extent permitted under applicable law, we are not liable for any such outages or service changes, including without limitation any incidental, special, indirect, or consequential damages, loss of profits, revenue, or data, or cost of cover.
Your Relationship With busker
You’re an independent individual or entity (sometimes referred to as an independent contractor). You are not an employee, agent, joint venturer, or partner of busker.
Payments
Once you’ve created your Offering, users will be able to see and purchase it through your community. busker provides users with access to the perks you provide directly through the services and allows users to pay for these offerings through busker (via parent company microbits.club).
All user payments for Offerings will be remitted to busker through our authorized third-party payment gateways (each, a “Payment Gateway”). To be eligible to receive payouts, you’ll need to create an account with a third-party payout provider made available to you on busker (“Payout Provider”). When you create an account with a Payout Provider, you may be entering into a direct relationship with that Payout Provider. If you will be entering into a direct relationship with the Payout Provider, we will present their applicable terms to you. Please review those terms closely. You will not be eligible to receive a payout until our Payout Provider has provisioned your account. Eligible payouts will be provided within five (5) days after the end of each calendar month. For example, for Offerings purchased in January, you will receive payouts within 5 days after January 31st. All payouts will be made via the payment method that you link through our Payout Provider. You can choose any payout currency offered by a Payout Provider, but the Payout Provider may charge a conversion fee. You must have a minimum balance of $100.00 to be eligible to receive your first payout, and a minimum balance of $25 for any subsequent payouts that you are eligible to receive. You can see payout status and other information in your busker account Settings.
You will be deemed to have accepted the accuracy of any payout from busker hereunder unless you notify busker of a dispute by email to admin@microbits.club, no later than 90 days after the date of the applicable payout from busker to you.
We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payouts for violations of our Terms (see “Restrictions” section below), for compliance reasons, including collecting tax reporting information, or if we anticipate a high volume of refunds or chargebacks on your Offerings. When payouts are delayed or blocked we try to communicate the reason to you promptly. It is your responsibility to make sure that the contact information associated with your busker account is up to date and that your bank account information is accurate. If you have questions about a payouts block, please reach out to us. In order to protect you, we may block users’ payments if we believe them to be fraudulent.
Sometimes activities like refunds or chargebacks will mean that you owe money to busker in excess of the amount we have agreed to pay out to you. You agree that we may off-set or discount, as applicable, any amounts owed to busker against future payments owed to you or collect payment or reimbursement from you by any other lawful means. You authorize busker to use any of these methods to recover any amounts owed to busker.
If a User initiates a chargeback in connection with the purchase of an Offering, you agree to provide timely information to busker to assist in any chargeback investigation. You understand that the failure to provide information on the requested timeline could adversely impact the outcome of a chargeback investigation, up to complete forfeiture of the chargeback amounts. You are solely responsible for any forfeited chargeback amounts, chargeback fees, payments or fines imposed by credit and debit card networks or other payment method providers that arise out of your conduct or your Offering.
Appointment of busker as a payment collection agent. busker acts as your payment collection agent solely for the limited purpose of accepting and processing payments from users purchasing your Offering. Because busker acts as your payment collection agent, you understand that payment made by a user through busker will be considered the same as a payment made directly to you, and you will provide the offering in the agreed-upon manner as if you received the payment directly from the user. You also agree that we may refund users in accordance with our PAID SERVICES TERMS and REFUND POLICY. You understand that busker is only obliged to pay you when it successfully receives the payment from a user who purchases your Offering. busker guarantees payments to you only for amounts that have been successfully received by busker from users. In accepting an appointment as your limited payment collection agent, busker assumes no liability for any acts or omissions made by you.
Fees
We will deduct fees for each purchase of an Offering as summarized in the categories below (collectively, the “Fees”). Fees will be calculated based on the transaction type at the rate set out in Schedule 1 of these Monetization Terms.
Payment processing fees, which are the fees charged by Payment Gateways or mobile app stores we use to process purchases of your Offering by users on busker and make associated payouts to you (“Payment Processing Fees”). Payment processing Fees will be calculated according to the method used by the third party applying the fee and will be charged to you as applicable.
Additional transaction fees such as currency conversion fees and other fees applied by Payment Gateways, mobile app stores, banks, or other entities for the processing of any transactions related to an Offering, including payouts, fraud, or refunds (“Transaction Fees”). Transaction Fees will be calculated according to the method used by the third party applying the fee and will be charged to you as applicable.
Platform fee payable to busker, which is the fee we charge for making monetization products available to you (“Platform Fee”). The Platform Fee is calculated as a percentage of total payments from a user less applicable Payment Processing Fees and Transaction Fees.
In addition to applicable Fees, we may also deduct refunds, chargebacks, and associated fees from your payout as described in these terms. Your bank, our Payout Provider, or a Payment Gateway may also charge currency conversion or foreign transaction fees. We do not control currency exchange rates or charges imposed by your bank, our Payout Provider, or a Payment Gateway and those fees may be deducted from your payout.
Tax
We or our Payout Provider may collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received, and you are responsible for paying all taxes, fees, duties, and other governmental charges, and any related interest, arising from payments made to you by busker.
You also authorize us to receive any required tax reporting or documentation directly from Payout Providers on your behalf. Where required, we will make any tax reporting documentation that we receive on your behalf available to you promptly.
busker reserves the right to assess applicable taxes as required by local law or by our Payment Gateways, including applicable sales taxes for the purchase of any Offering. Depending on your location, you may be charged transaction taxes (sales, VAT, GST, withholding, and other similar taxes).
Restrictions
You cannot sell (or do) anything on busker that violates our Terms or any applicable laws, rules, or regulations. This includes breaching our GENERAL TERMS OF SERVICE, COMMUNITY GUIDELINES, or any other busker policies.
All of these policies are extremely important to us, so please read them.
If you breach our Terms, we reserve the right to indefinitely withhold payouts, restrict your ability to sell things through busker, remove your content, cancel any active Offerings and authorize refunds to users, or terminate your busker account with or without notice, report you to law enforcement, or take other appropriate actions, at our discretion.
Privacy
Our PRIVACY POLICY discusses what information we collect and how we use this information in more detail. Our Payout Provider stores your bank account information, not us.
Modifications
We will update these Monetization Terms from time to time. We always indicate the date the last changes were published, and if changes are significant, we’ll provide a more prominent notice as required by law, such as by emailing you or highlighting the changes within the services.
Representations & Warranties
You represent and warrant to busker that (a) you have the requisite power and authority to enter into and carry out the terms of these Monetization Terms, without conflict with any other obligation you may have to any other party, and you have obtained and will maintain all rights, approvals and consents necessary to perform your obligations and grant all rights and licenses granted to busker under these Monetization Terms; (b) you have full title to the Offerings, free and clear of all liens, charges and other encumbrances; and (c) you will otherwise ensure that you, the Offering, and any associated listing content comply with all applicable laws will not contain any harmful, fraudulent, misleading, defamatory or obscene content, and none of the offering or associated listing content infringe or misappropriate any intellectual property rights, rights of privacy or publicity or any other proprietary rights of any third party.
Indemnity
In addition to the indemnities set forth in the GENERAL TERMS OF SERVICE, you will indemnify and hold busker and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) arising from or related to: (a) your access to or use of our services (including without limitation the pilot features), (b) your content, (c) your Offering, (d) your failure to pay all applicable taxes other than taxes based on busker’s income), or (e) your violation of our Terms.
Schedule 1 – busker Fees
Transaction Type
Payment Processing Fee*
Transaction Fee
Platform Fee
Desktop App & Browser
As applicable
As applicable
20.00%
iOS App Store
As applicable
As applicable
20.00%
Google Play Store
As applicable
As applicable
20.00%
*Unless otherwise agreed, mobile app store fees will be added to the total price of an Offering and paid by the purchaser.
Discords fees:
Schedule 1 - Fees
Transaction Type
Payment Processing Fee
Transaction Fee
Platform Fee
Desktop App & Browser
6%
As applicable
10%
iOS App Store
30%*
Retained Auto-renewing Subscriptions‡: 15%
As applicable
10%
Google Play Store
Auto-renewing subscriptions: 15%
Other purchases: 30%
As applicable
10%
busker
Paid Services Terms
Effective: 23 May 2023 Last Updated: 05 JUNE, 2023
Thank you for buying something through busker. These Paid Services Terms apply to anything bought or sold using busker’s supported purchase flows and supplement our GENERAL TERMS OF SERVICE. You may also be asked to agree to separate terms before accessing paid products or services. If you are under 18 (or the legal age of majority in your place of residence), you need your parent’s or guardian’s permission to make purchases through busker.
Use of paid services: We use third-party payment processors to transmit payments to us. By providing a payment method to us, you agree that (i) you are authorized to use the payment method you provide; (ii) you will in fact pay for the paid service by the date on which payment is due; (iii) the payment information you provide is true and accurate; (iv) we may retain the payment information and method that you and the issuer of your payment method or the applicable payment network submit to us; and (v) we are authorized to charge you for the paid service using the payment method you present. This includes any obligation you may have to pay any taxes applicable to the service you are buying. You also agree that we have permission to retain and/or share with financial institutions and our payment processors (including any institutions or processors we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase and to use the contact information (such as an email address or phone number) submitted by you to provide you with notices and disclosures relating to renewals, recurring charges, and changes affecting your purchase.
Payment methods. busker accepts certain payment methods. These may vary by country or paid service and may change from time to time. You can update your payment methods from the Settings page in your busker account. Please note that busker is not responsible for any fees or charges applied by your financial institution or payment method issuer related to our processing of your payment. In some cases, we may allow you to pay against an invoice. All amounts are payable in United States dollars unless otherwise specified.
Prepaid access. User who wish to make micro payment purchases on busker can purchase prepaid access cards. The cards add a preset amount of "microbit cents" to the User's busker account. A microbit cent is valued at $0.01 United States Dollars. Unused prepaid access can be redeemed. Prepaid access cards do not expire. However accounts with more than 24 months of inactivity are charged $2 USD per month inactivity fee (starting on the 25th of each month).
Virtual goods. You are able to purchase virtual goods from busker through our services. If you do so, you’ll have a limited, personal, non-transferable and non-sublicensable license to use your purchased virtual goods solely within our services* and solely in conjunction with the busker account through which you purchased them. Your license to use virtual goods cannot be sold, traded, transferred, exchanged, or used outside of your busker account*. You do not own, or have any other right, title, or other proprietary interest in these virtual goods, regardless of any consideration offered or paid in exchange. In fact, the license to those virtual goods is really a software license to access and use the software that enables your access to the virtual goods. Virtual goods are not property and have no cash value. We reserve the right to control, regulate, change or remove any virtual goods, or terminate provision of virtual goods at any time, in our sole discretion, without any liability to you. The license you receive to use virtual goods terminates when your busker account is deleted or terminated and may be terminated, in busker’s sole discretion, if you violate the busker GENERAL TERMS OF SERVICE or any other applicable policy. Additionally, if your account is suspended, your access to virtual goods may be suspended or terminated. We will not compensate you for this loss or make any refund to you, and we have no liability to you or to any third party associated with the loss of such virtual goods. * (unless the virtual good is expressly marked as DOWNLOADABLE)
Subscriptions. We may allow you to purchase subscriptions to premium features and content. You will find details about the subscriptions you’ve purchased from busker, the applicable subscription fee, and the next payment due date there as well, in your busker account settings.
Auto topups
Auto topups. You can elect to setup auto topups that will add microbit cents prepaid access to your busker account. The platform will charge your selected payment method.
Also you can set up automated payments to pay subscriptions you have signed up for. busker will bill you starting on the date you first purchase your subscription (or whenever your payment method is successfully charged), and on each periodic renewal date (monthly, annually, or other renewal period) until cancellation (see “Cancellation” below for more information on how to cancel a subscription). By initiating your first subscription fee payment, you authorize us to charge your payment method for recurring subscription fees on an ongoing basis. For annual subscriptions, we’ll send you a reminder of the then-current subscription fee at least 30 days, and at most 60 days, in advance of your automatic renewal, or as otherwise required by applicable law. Some states and countries have mandatory laws regarding your cancellation rights, and this paragraph does not override those laws. UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH THE “CANCELLATION” SECTION BELOW), YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY APPLICABLE TAXES ON EACH PERIODIC RENEWAL DATE.
Price changes. We may, from time to time, change the price for subscriptions, but we’ll give you advance notice of such changes and their effective date to the contact information associated with your busker account (or both). Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the subscription service after the price change effective date. You may also reject the price change by canceling your subscription.
Cancellation. You may cancel your subscriptions at any time by going to the “Subscriptions” section of your Settings page. Following cancellation, you’ll continue to have access to premium features through the end of the current subscription period. We may cancel any subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Terms. If your payment is not successful (for example, if your payment method expired or has insufficient funds), we may attempt to re-run your payment method. We will also try to provide you notice of the failed payment and the opportunity to make a valid, on time payment to us, but we are not obligated to do so. In the event you fail to pay us, your subscription may be canceled or suspended. We may, in our sole discretion, choose not to cancel a subscription immediately for non-payment, in which case you will continue to be responsible for the fees due for the duration of the applicable subscription. In addition, if you fail to pay for a subscription, we may suspend your rights to use that premium service or we may change the type of privileges you have to a non-paid version of the service. Your subscription may also be terminated, in busker’s sole discretion, if you violate the busker GENERAL TERMS OF SERVICE or other published policies. If your busker account is terminated, your subscription will be automatically canceled.
Experimental features. We may, from time to time, test experimental features to help us improve busker. When we do this, we’ll label these features as beta features or similarly indicate that they are experimental features that may be subject to change or removal. You should not rely on these experimental features when deciding to purchase a premium subscription from busker, as we may modify or remove them at our discretion.
We may decide to stop offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement; if so, we’ll cancel your subscription and refund the prorated portion of any prepaid subscription fee equal to the remaining unused term of the subscription.
Promotions. We may occasionally offer promotions on paid services. The specific terms of each promotion will be stated at the time the promotion is offered. If you receive a discount, use a coupon code, or subscribe during a free trial or other promotion, your subscription will automatically renew for the full price of the subscription at the end of the promotional period. You must cancel the subscription prior to the end of the promotional period in order to avoid incurring further charges. After renewal, you may cancel your subscription at any time as described in the “Cancellation” section above.
Gifts. You may be able to purchase and “gift” various products to other users, including subscriptions. Gifts may only be redeemed through busker by clicking the gift link shared with you or by entering the gift code in the “Gift Inventory” section of the Settings page. There are no fees to access or utilize a gift. Once redeemed and activated, the link code is void and cannot be transferred or assigned to any other user. A gift subscription is good for the particular service and term set forth in the redemption flow when you enter the code. At the end of that term, your subscription will automatically be renewed using the payment method provided when you redeemed the gift. Recipients of gift subscriptions may cancel their subscription at any time following activation, but the recipient is not entitled to a refund or credit of any kind in the event of such cancellation. Gift subscriptions may not be redeemed for cash or combined with other promotional offers, free trial offers, or incentives, except as required by law. Unactivated gift subscription codes do not expire, so please keep your gift subscription code in a safe location. We are not responsible for lost or stolen redemption codes or the unauthorized redemption of gift subscriptions, except as required by law.
Taxes and fees. You’re responsible for all applicable taxes, data plans, internet fees, and other fees associated with your use of the services, and we’ll charge tax as required by applicable law.
Changes to services: We may change our paid services, or any part of those services, if such changes are necessary, minor in nature, or required for legal or regulatory reasons without notice to you. Necessary changes may include changes required to ensure the ongoing operation of our paid services, to prevent fraud or abuse, or to enhance existing features or to add additional features to the paid services, or to maintain the security of the services. If we make changes that will have a material negative impact on your use of the paid services or will remove existing paid features (except as described in Experimental Features above), we will provide you with reasonable advance notice.
Statutory warranties; Updates. If you reside in the European Union, we have a legal obligation to make sure that anything bought or sold from us through our services, thus excluding content, conforms to the contract of sale. As part of this obligation, we will, from time to time, provide updates for security and/or technical reasons. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for an update. You may lose the right to invoke certain rights if you do not install the latest available updates.
If you reside in the European Union, our commercial warranty does not affect any consumer rights you might have under applicable law in case of non-conformity of content, goods and/or services.
Right of Withdrawal. When you purchase paid services from busker, you are provided with access to this content immediately after your purchase is completed. If you reside in the European Union and seek to purchase paid services on busker, you will be presented with a waiver to your right to cancel your subscription or purchase. If you wish to complete the purchase, you must agree to this waiver.