Artist Terms of Service
DREAMPATRON LLC ARTIST TERMS OF SERVICE
Welcome to Dreampatron! Dreampatron is a crowdfunding platform that enables artists’ fans, friends and supporters to make financial contributions to the artist(s) of their choice and to become a “patron of the arts”. In return, other than the knowledge that the fans, friends and supporters are directly responsible for helping artists continue to create and perform, they will receive experiential rewards and other various offerings in return.
- Dreampatron™ (“Dreampatron”) means Dreampatron LLC, a limited liability company organized and registered under the laws of the State of Florida, United States of America the owner and operator of the website / URL www.dreampatron.com and all of the Services.
- Artist (“Artist” or “you”) means you, the artist, singer, performer, musician, band, authorized representatives, managers, or agents of any of these who signs up and contracts with Dreampatron to use the Services.
- Patron (“Patron”) means any person who signs up to an Artist’s monthly subscription model or any other payment model provided by Dreampatron to provide patronage and support to the Artist.
- Account (“account”) means (a) the individually accessible pages containing the registration and payment systems on and hosted through the Dreampatron website, which must be created in each instance before an Artist may utilize or access any aspect of Dreampatron; (b) the Artist “Pitch Page” (the Artist’s home page where Patrons “subscribe” to fund and receive Deliverables from the Artist); (c) the Artist “Backstage Page” (where any content and/or updates from the Artist are hosted); and (d) any Artist information, Content, and Deliverables pertaining to the Artist on such pages.
- Content (“Content”) means any and all material, existing or having existed on the website in any fashion from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked, or contained in any subpage of the website or existing as data, designs, text (on every page of the website, whether editorial, navigational, or instructional), images, graphics (includes all logos, buttons, and other graphical elements on the website, including the color combinations and the page layout of the website, with the exception of trademarks and intellectual property belonging to third parties), code or programming (includes both client-side code and server-side code (including compiled or interpreted code in any computer language, databases, etc.) used on the website), and without limitation may generally be considered material which we have provided on or as part of the website or which Artists, Patrons, or Users have submitted, posted, uploaded or otherwise provided to the website as such, but not limited to the Pitch Page and Backstage Page.
- Deliverable (“Deliverable(s)”) means any of the Content that you the Artist provides, including goods, services, gifts, experiences, rewards, or other offerings, to Patrons in exchange for the funds the Artist receives from Patrons through Dreampatron.
- This section explains various terminologies in these Artist Terms of Service.
ACCOUNT CREATION AND REGISTRATION
- Our Services are FREE to you (you do not pay a direct fee for the basic Service connecting you with Patrons and their support. To use the Services, you must create an account with Dreampatron.
- When you register an account on the website, you will be prompted to complete the registration form, available at: http://www.dreampatron.com/sign-up.
- Upon approval of your registration, we will create two Artist website pages, the Artist Pitch Page and the Artist Backstage Page.
- You shall provide true, accurate, current and complete information about the Artist and any related persons when completing the registration form. You shall maintain and promptly update your account to maintain its accuracy.
- If you provide account information that is untrue, inaccurate, offensive, outdated, or incomplete, or we suspect that such information is untrue, inaccurate, offensive, outdated, or incomplete, we have the absolute right to suspend or terminate your account without notice to you and to refuse any and all of your current or future use of the Services.
- You must provide a valid email address and full name to register and create your account.
- By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial content andtransactional/relationship content. You may unsubscribe at any time.
- Your account information, including any personal information submitted by you, is subject to the terms of our Privacy Notice.
- When creating an account you have to give us certain information and it must be accurate.
ACCOUNT PASSWORDS AND ACCOUNT SECURITY
- When registering your account, you will create a username and a password.
- You are responsible for maintaining the confidentiality and security of your username and password. You are fully responsible for all activities that occur under your account, including all actions by any other parties, companies, representatives, agents whom you authorize or allow to use your account, whether directly, indirectly, implicitly, or otherwise.
- You must notify us immediately in writing if there is any unauthorized use of your account or breach or attempted breach of security of your account.
- You shall sign out of your account at the end of each usage session.
- You acknowledge that Dreampatron will not be liable for any loss, damage or other liability to you or others arising from your failure to maintain the security of your account or password or from any unauthorized access to or use of your account as a result of your failure to maintain its security.
- If there is any dispute between two or more parties as to the ownership or management rights to account ownership, you shall notify us of the dispute. You hereby consent that we may, in our sole discretion, be the sole arbiter of such dispute and that our decision (which may include termination or suspension of any account subject to dispute and/or report to any other bodies having competent jurisdiction over the issue) will be final and binding on all parties.
- You are responsible for your account security and use of your account, and we can settle any account disputes.
ACCOUNT TERMINATION AND CANCELLATION
- At any time, for any reason or no reason at all, we are entitled to terminate or suspend your account without advance notice to you.
- You may cancel your account at any time. Instructions are available in your account settings. Youmay also email the customer service address set forth I your account settings.
- We are entitled to require confirmation of identity for any cancellation requests and to require that only the primary contact person may cancel.
- Once your account is cancelled for any reason, we will remove the monthly “buy” buttons and links from your Pitch Page. Subject to certain rights of Patrons to access Content or Deliverables, we will make Deliverables and Content no longer accessible after the cancellation of your account. However, any Content that needs to be accessible for your Patrons will still live and be accessible (via the username and password) by the Patrons on the Artist Backstage Page for sixty (60) days. After that time period, both pages, the Artist Pitch Page and the Artist Backstage Page, and any Content that is hosted on those pages will be archived.
- If you cancel your account, you hereby grant us permission to retain certain information for record keeping, administrative, legal, and technical purposes.
- Since there is a possibility of deletion of your data and/or Content during the cancellation, you assume the risk and are responsible for any mistake, error in judgment, or technical error that causes cancellation of your account.
- You hereby release us now and forever from any liability incurred by you as a result of our termination/suspension or your cancellation of your account. You shall indemnify, defend and otherwise hold us harmless for any loss or liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur with respect to you or any third party arising out of or related to the cancellation of your account.
- You acknowledge that even though we may cancel your account at any time for any reason or no reason, good-faith grounds for termination or suspension of your account include your violation of these Artist Terms of Service, suspected (by conviction, settlement, insurance or escrow investigation, or otherwise) fraudulent activity by you or any party using your account in connection with the Services or the website, and the order or request of any regulatory, investigatory, law enforcement, government ,or judicial agency or entity.
- We may terminate any account at any time for any reason or no reason, without notice and without liability.
- You can cancel at anytime, and any Content that needs to be accessible for your Patrons will be accessible for sixty (60) days. Please be 100% sure before you cancel your account.
- Once you have created your account with Dreampatron, you can start using the Services.
- You must strategize and come up with a plan of what packages and Deliverables your Patrons want from you and what they will pay for. The more unique your Deliverables are, the more incentivized your Patrons will be to participate.
- On your Artist “My Stage” Page, you must clearly explain what you will give or do (goods and/or services) to your Patrons in exchange for the funds you will be receiving.
- Once you have registered your Deliverables and created your Artist Pitch Page, you must promote your cause and artistry.
- You must set and manage reasonable expectations for timing and delivery of the Deliverables to your Patrons.
- Every month you must email your Patrons with information and the timeline for your Deliverables.
- Every month you must deliver the Deliverables to your Patrons based upon the package to which each Patron has subscribed.
- You alone are responsible for creating, scheduling, delivering, and confirming all the Deliverables to your Patrons as promised.
- In addition, you alone are responsible for any shipping and handling charges, ticket fees and/or taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Deliverables.
- You must provide perks, rewards and/or offerings to your Patrons in exchange for the Patron’s commitment to support you with monthly funding.
RELATIONSHIP BETWEEN ARTIST AND PATRON
- Dreampatron only provides a facilitation service and secure platform between Artists and Patronsthat will enable Artists to crowdfund on an ongoing and transparent basis with their Patrons.
- There is an agreement between you as Artist and each Patron in regard to the delivery of the Deliverables to the Patron in exchange for patronage to the Artist. Dreampatron is not part of that agreement.
- Dreampatron will not become involved in disputes between you and Patrons relating to the use of the Services and the Deliverables.
- For each period of patronage you receive, it is your responsibly and obligation, not Dreampatron’s, to fulfill each Deliverable, as proposed by you and accepted by the Patrons, or oversee the performance or reliability of such Deliverables. Dreampatron will provide general advice to Artists to help where we can.
- Once you have completed the delivery of each set of Deliverables related to the patronage period, you will have satisfied the current obligations to your Patrons.
- You shall use your best efforts and maintain a superior degree of work ethic to deliver your Deliverables. However, if you are unable to fulfill your Deliverables, you must explain to your Patrons why you are delayed and remedy the situation as soon as possible.
- If you are unable to satisfy the terms of these Artist Terms of Service, your Patrons can cancel at any time and therefore may stop providing funding to you and depending on the promises you have made, you may be subject to legal action by your Patrons.
- You have the relationship with your Patron, not us; we are just a platform.
- If you don’t provide Deliverables to your Patrons, your Patrons might cancel their monthly subscription. You may also be liable to your Patrons for non-delivery.
PAYMENT OF FEES
- Dreampatron’s subscription service is 100% FREE for Artists to use.
- Dreampatron is only an intermediary between you the Artist and your Patrons. All monies collected from Patrons will be held on account until they are distributed.
- Our agreement with each Patron is subject to the “Patron Terms of Service,” a copy of which is available here: http://dreampatron.com/patron-tos/. Here is a summary of those terms for your information.
- We will charge the Patron’s credit card monthly for the package they chose. The Patron is charged the same day the Patron signs up. For future months, the Patron is charged on the same day that the Patron originally purchased a monthly package (for example, if the Patron first signed up on November 5th, the Patron will be charged again on December 5th and then January 5th, etc.).
- After Dreampatron charges a Patron’s credit card, the Patron is not entitled to a refund. If under certain atypical circumstances Dreampatron nevertheless grants a refund (for example the Artist does not fulfill the Deliverable obligation), Artist shall be liable to Dreampatron for the Fee on the refunded amount, and any associated transaction costs, such that the Patron receives the full amount of any refund and Dreampatron receives the appropriate fee income on the refunded amount.
- Dreampatron shall use commercially reasonable efforts to collect the funds from the Patrons; however, Dreampatron does not, and cannot, guarantee that we will collect the full amount of funding that was committed by the Patrons.
- Dreampatron will retain, as fees paid by each Patron, 10% of the funds generated by each monthly campaign, up to a total fee amount of $999.99. However, if an Artist generates over $1000 per month from Patrons, then Dreampatron is entitled to retain 15% of the funds generated.
- Our fees and other charges related to using the Services are subject to change on 7 days’ prior notice from Dreampatron to you. We may provide notice by posting the changes to the Dreampatron website at http://dreampatron.com or the settings menu of your Dreampatron account via an announcement or by email to the email address you provided to us when you registered for the Service.
- You consent to Dreampatron’s collection of monthly subscription fees and donations every month, the calculation, retention, and payment of our fee, and the remittance of remaining funds from Patrons.
- Dreampatron will pay the appropriate amount of funds to you 30 days after the last day of the month in which Dreampatron receives funds from your Patrons. For example, if you raised $400 in January, you would receive $360 by March 1st.
- You are responsible for paying any additional fees or taxes associated with your funding.
- In the event of a dispute between you and a Patron or between us and a Patron with respect to a payment from a Patron, you hereby release us now and forever from any claims, damages, or demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.
- Dreampatron is FREE for Artists to use.
- Dreampatron retains either 10% or 15% from Patron payments based on monthly donations.
- You acknowledge that we will deduct our fees from the amounts paid by Patrons and then pay you the rest net 30 days.
SWEEPSTAKES, CONTENTS, PROMOTIONS AND TICKETS
- Sweepstakes, contests, other promotions or ticket giveaways made available by you on your Artist home page or otherwise may be governed by specific rules that are separate from this Artist Terms of Service.
- By participating in any such sweepstakes, contest, promotion or ticket giveaway, you agree to participate subject to those rules. Regardless of any such rules, you will comply with applicable law in conducting any sweepstakes, contest, promotion or ticket giveaway or similar activity.
- You hereby indemnify, defend, and hold harmless Dreampatron against any warranty, costs, loss, liability, damage, injury, or any other claims arising out of or related to any sweepstakes, contests, or other promotions promoted by Artist.
- Sweepstakes, contests, other promotions or tickets are subject to separate rules and applicable law.
USE OF SERVICES
- Dreampatron grants Artist a non-exclusive, non-transferable, non-sublicensable right to access and use the website and Services solely for the purposes described in these Artist Terms of Service and generally including the submission, updating, maintenance and accessing of your account, in accordance with these Artist Terms of Service and to the extent permitted under all applicable laws and regulations of the United States or any other applicable laws having jurisdiction, whether state or federal and/or foreign or domestic.
- You hereby represent to Dreampatron that: (a) you have the full requisite power and authority to enter into these Artist Terms of Service; (b) your use of the website will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; and (c) you will comply with all applicable laws and regulations in using the website and in engaging in all other activities arising from, relating to or connected with these Artist Terms of Service.
- This is a conditional grant of permission to you to use the website and the Services.
CONDUCT AND USE RESTRICTIONS
- You may not use the Services for any illegal or fraudulent activity or purpose or for any activity or purpose not authorized by Dreampatron. You shall not violate any applicable law (including copyright laws), in connection with your use of the Services.
- Dreampatron is entitled, but not required, to remove content and terminate accounts for any reason or no reason, including content, or accounts containing content, (1) that is determined to be unlawful, offensive, threatening, libelous, defamatory, misleading, pornographic, obscene, indecent, invasive of privacy, or similarly objectionable; (2) that would cause the potential for civil liability or criminal charges; or (3) that would interfere with or restrict any other User from using the website, violates any person’s intellectual property rights, or violate these Artist Terms of Service.
- You are responsible for all activity and content (data, graphics, photos, links) that are uploaded under your account and on your Dreampatron pages or Artist home page.
- You shall not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without Dreampatron’s express written permission.
- You shall not modify, reproduce, rebroadcast, retransmit, reperform, or otherwise create derivatives of any part of the content and/or software held or accessible by us except in accordance with Dreampatron’s content license rules or the express permissions of the applicable Users.
- You shall not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the content held and made accessible by us.
- You shall not remove or alter any proprietary notices or labels on or in our website or any content held by or made accessible by or through us.
- You shall not engage in, cause, facilitate or allow any activity that interferes with or disrupts any aspect of Dreampatron, its content, User accounts or the user experience of any User.
- You must not transmit any computer worms or viruses or any code of a destructive nature.
- You shall not purchase search engine or other pay-per-click keywords (such as Google AdWords), or domain names that use “Dreampatron” or Dreampatron trademarks, including variations or misspellings of any marks.
- Dreampatron is entitled to terminate or suspend the account of any User for any reason or no reason, including as a result of the User’s verbal or written abuse of any kind (including threats of abuse or retribution) of any other User, Dreampatron employee, member, or officer.
- Dreampatron is entitled to terminate the Services for any reason or no reason at all, including for a breach or violation of any of these Artist Terms of Service.
- This section covers things you can’t do when using or accessing our website and using our Services and your account.
- You can’t resell the Services.
- We are not responsible if you break the law, breach these Artist Terms of Service, or violate the rights of a third party.
- We can terminate your account in our discretion for any reason.
INTELLECTUAL PROPERTY TERMS AND CONDITIONS
- Any content which you upload, post or submit to or otherwise transmit or make available to or upon our website or through our Services will result in you accepting and being subject to the following license rules and requirements:
(a) For all content which you upload, submit and/or to which you hold a copyright (registered or at common law) you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable, transferable right and license for any purpose (other than commercial exploitation by us outside of the Services) to use, exploit, exercise, make a copies of, store, distribute, reproduce, publicly display and make available to third parties your content and any copyright, publicity, trademark, and database rights affiliated with your content.
(b) Notwithstanding the forgoing, if you submit any content which is subject to any other agreement including the requirement of any other license or contract with any other party (including co-writers), you may only freely submit such content if the terms of the preexisting agreement/license are compatible with these Artist Terms of Service. If such content is not compatible with these Artist Terms of Service, then you may not submit it.
(c) You may submit content that is in the public domain. However, you must confirm the public domain status of the concerned content under the laws of the United States of America as well as the laws of any other countries as may apply. When you contribute content that you state is in the public domain, you represent that such content is actually in the public domain, and you shall label it appropriately and be prepared to furnish information to support the truth of your representation if reasonably requested by another Dreampatron.
- Dreampatron is not required to pre-screen content you make available on the Services; however, you acknowledge that any content on the website or uploaded, posted, submitted, or provided by you is subject to Dreampatron’s right to review (without any obligation to do so) and you consent to this review, at any time. You acknowledge that such content may be required to be transmitted through various systems or presented in a slightly altered or otherwise not original state to be compatible with the framework and functionality of the website and the Services.
- You acknowledge that irrespective of any ownership or license status, Dreampatron may remove or delete any content from the website at any time without prior notice to or authorization from you, and that Dreampatron may not be compelled by you to repost any such content under any circumstances.
- While Dreampatron may, at its discretion, save or archive certain amounts of content submitted by you, you are always responsible for saving and backing up copies of any content that you submit and/or otherwise provide to the website. The status, security, management or maintenance of User-submitted content is not guaranteed by Dreampatron.
- Dreampatron do not claim any intellectual property rights over the material you provide to the Services other than the license necessary for us to provide the website and the Services. All material you upload remains the property of its owners. You can remove your Dreampatron Artist Pitch Page at any time by cancelling your account. Please read the section entitled “Account Termination And Cancellation” regarding this action and what it will do with all the content you have stored on the Services.
- It is your responsibility to pay all royalties and other amounts owed to any other third party, person or entity based on your content.
- We take our intellectual property seriously so please don’t infringe or improperly use it.
- We have the right to display it as part of the Services.
- You own and are responsible for content you submit to us, but all such content is subject to certain license requirements.
- We don’t require a preview of your content; however, if necessary, we can control the posting, disclosure and removal of any content as we see fit.
THIRD PARTY WEBSITES
- The website and the Service may contain links to third party websites and resources.
- Links to such websites or resources do not imply any endorsement by or affiliation with us.
- Unless otherwise stated, this Artist Terms of Service only cover the use of this website. Any other link will be covered by the terms and conditions of that specific site.
- You acknowledge and accept that we are not responsible for the terms or practices of third parties.
- You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- Our website may be linked to other websites and/or services that are not owned or operated by us
- We only provide these links as a convenience.
- We are not responsible for the content or links displayed on such websites and/or services.
QUESTIONS ABOUT THESE ARTIST TERMS OF SERVICE SHOULD BE SENT TO INFO@DREAMPATRON.COM.
Updated: April 14, 2015