PATRONISM, LLC ("Company") is pleased to give you access to our website, Patronism.com, and related functionality and materials (collectively, the "Site"). Your use of the Site is subject to the binding legal agreement set forth below ("Terms").
Patronism is built on three concepts ("Three Pillars"). We strive to make everything we do:
We believe the Three Pillars will prove to be a solid foundation for our Company and will create a positive experience for everyone who visits or uses the Site. We expect you to adhere to the Three Pillars as well, for the benefit of everyone involved. We think the Three Pillars basically sum up all the legalese that follows, but please read this entire document so you fully understand your relationship to the Company, and the ramifications of your use of the Site.
TERMS SUBJECT TO CHANGE. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Site, including, but not limited to (i) restricting the time all or any part of the Site is available, (ii) restricting the amount of use all or any part of the Site is permitted, and (iii) restricting or terminating any user's right to use all or any part of the Site, with or without notice; (b) charge fees in connection with the use all or any part of the Site; (c) modify or waive any fees charged in connection with all or any part of the Site; or (d) offer opportunities to some or all users of all or any part of the Site. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site, in whole or in part, or of any service, content or feature offered through the Site.
We will always make an effort to notify you of any changes to these terms, but you understand we may update these Terms from time to time without giving you any notice. Your continued use of all or any part of the Site following the posting of changes to these terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Site will be subject to these Terms.
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SITE FOR ANY PURPOSE.
BINDING ARBITRATION. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Company for any violation of Company's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Austin, Texas, USA.
HOW YOU CAN USE THE SITE. Generally, this Site is made available only for personal, non-commercial, use; however, if you are an artist, band or other client cause, you may use this Site to generate income in accordance with the terms and conditions of a separate client/cause agreement (if any) between you and Patronism. If you are a subscribing patron, you may make a single, temporary copy of resources made available to you on the Site but only for your personal, non-commercial use, and may only distribute or transfer to others that material in accordance with whatever additional terms and conditions established by the client/cause who approved such sharing. Patrons may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, applications, products or other materials obtained from the Site, except as set forth in these Terms. Additionally, you may not: frame or mirror any part of the Site without our express prior written consent; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site, create a database by systematically downloading and storing content from the Site; intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather information, content or other materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site.
BETA SERVICES. You understand that certain versions or features of the Site may be offered, from time to time as "Beta Service" which means that they are still under development and that they are being provided for the purpose of gathering input about the way you use those versions or features, the stability of those versions or features or other information helpful as we develop non-Beta versions. When using a Beta Service, you are considered a "Beta User". We grant Beta Users a non-exclusive, non-sublicensable, non-transferable license to use the Beta Service, solely for testing and evaluation purposes. We reserve the right to discontinue the Beta Test at any time and to refrain from offering a commercial version of the Beta Service. We also reserve the right to alter features, licensing terms, or other characteristics of any commercial version of the Beta Service we may choose to release. You acknowledge that the Beta Service is experimental and may have defects or deficiencies that cannot or will not be corrected by Company and/or its licensors or other suppliers. You shall have sole responsibility for the adequate protection and backup of any data you use with the Beta Service. Company is under no obligation to release the Beta Service commercially, to continue offering the Beta Service, to provide you with any hard-copy documentation, support, assistance, error corrections, updates, upgrades, bug fixes and/or enhancements, or to offer any final version the Beta Service to you. However, rest assured that we will hold ourselves to the Three Pillars and base every decision on them. We want all of our users to find the Site and our services beneficial, equitable and ethical at all times.
As a Beta User, you acknowledge that feedback concerning users' experiences with the Beta Service is essential to its improvement. Accordingly, you agree that Company or its licensors may gather information from you relating to your use of the Beta Services, including frequency of nature of use. You also agree that Company may solicit feedback concerning your experience with the Beta Services via a survey or other means. Such information will be used in connection with evaluating and improving the Beta Service. You agree that Company may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site. Company shall have a royalty-free, fully-paid, worldwide, exclusive, transferable, sublicenseable, irrevocable and perpetual license to use or incorporate into the Site any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Site. ***TO BE SURE, THIS DOES NOT APPLY TO COPYRIGHTS ON MUSIC, WHICH WILL ALWAYS REMAIN WITH THE RIGHTSHOLDER.*** Certain Beta Services may be provided to you contingent on your agreement not to disclose any information about the nature of the Beta Services, your experience using the Beta Services or other aspects of the Beta Services features, functionality, technical specifications or quality. In such cases, you agree not to disclose such proprietary information to any third party without the express written consent of Company. In plain English,: we're trying to help you and others like you. Please don't leak any information to competitors. ALL NON-CONFLICTING TERMS OF THIS AGREEMENT THAT APPLY TO WEBSITE, SERVICES, USER, CONTENT, AND USER CONTENT APPLY TO YOUR USE OF BETA SERVICES.
ACCOUNTS. In order to access some features of the Site, you will have to create an account. You agree not to use another's account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of Company. ***TO BE SURE, THIS DOES NOT APPLY TO COPYRIGHTS ON MUSIC, WHICH WILL ALWAYS REMAIN WITH THE RIGHTSHOLDER.***
Company, in its sole discretion, may refuse to recognize the transfer of any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Site or any attributes associated with your account or stored in the Site. ***TO BE SURE, THIS DOES NOT APPLY TO COPYRIGHTS ON MUSIC, WHICH WILL ALWAYS REMAIN WITH THE RIGHTSHOLDER.***
CONTENT / SUBMISSIONS TO THE SITE. On some parts of our Site or otherwise in connection with your use of the Site, you may be allowed to post or link to content or applications or provide comments for others to see (such material is referred to herein as "Content"). If you post, link to or contribute Content, you guarantee, represent and warrant to us that:
For all Content, including all information and materials of any kind, including graphics, sounds, text, or otherwise posted or provided by any user by or through the Site, you understand that we are not responsible for the truth, completeness, objectivity, or usefulness of such Content, nor do we endorse any Content; we do not verify the identity of people using the Site; and we do not screen, monitor, edit or review Content before it appears on the Site. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe doing so will improve the Site. We can also suspend or terminate use of the Site by anyone who does not follow these Terms. Nevertheless, because we do not prescreen Content, you understand that by using the Site, you may be exposed to Content that is offensive or objectionable. ALL COPYRIGHTED MATERIAL YOU UPLOAD MUST EITHER BELONG TO YOU OR BE PROPERLY LICENSED BY YOU FOR USE ON THIS SITE. It is your responsibility as the uploading party to clear all rights before storing any copyrighted materials on our servers. We reserve the right to delete or disable any materials with registered copyright complaints. In plain English: Artists, it's easy to get mechanical licenses online these days. Please do that and play fair by paying your royalties, otherwise we reserve the right to deal with this as we see fit, up to and including shutting off your Patronism account and your entire Patronism income.
NO LICENSE GRANTED. Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Company. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER COMPANY PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
COPYRIGHTS. The Site is owed by Company or its licensees and protected by applicable law, with all rights reserved. Company takes the protection of intellectual property rights, including copyrights, very seriously. Company will terminate your access to, or use of, all or any part of the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others. Seriously, play fair, and don't steal from us or anyone else.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to Company if they have a good-faith belief that their protected works are being infringed. Company will respond to all such notifications that are sent to:
To be effective, the notification must be a written communication that includes:
An effective counter-notification must be sent to Company's designated agent, whose name and address are listed above. The notice must include the following information:
TRADEMARKS. COMPANY and the Site are trademarks of Company. Other trademarks are the property of their respective owners.
CONTESTS AND SWEEPSTAKES. From time to time, the Site might host or facilitate contests. In such cases, the contest rules shall be prominently displayed, and you agree to read such rules, comply with them and only participate in any such contests under and pursuant to the terms thereof.
PROTECTING CHILDREN. The safety of children is very important to us. Company intends for the Site to be a general audience site that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with the Site, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by Company, that parent can send an e-mail to us at email@example.com to request deletion of their child's account.
U.S. EXPORT CONTROLS. Any download from the Site or otherwise through the Site is further subject to United States export controls. No downloads may be made from the Site, through the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
CONDUCT OF REGISTERED USERS AND VISITORS. We believe that all users and visitors benefit from basic rules regarding conduct while using the Site. Widespread use and enjoyment of the Site is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Site:
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your rights to use the Site are terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
INDEMNITY. YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD COMPANY AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
WARRANTY DISCLAIMER. YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
LIABILITY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR COMPANY, EVEN IF COMPANY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
ACCESS RESTRICTIONS; TERMINATION. We can terminate your access to the Site at any time. We may also remove any Content that you post without cause and without notice to you. As long as you adhere to the Three Pillars and keep things fundamentally beneficial, unquestionably equitable and unflinchingly ethical, we should never have a problem.
We can also change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and Company. They supersede any and all prior or contemporaneous agreements between you and Company relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.