General Terms of Service
- Dreampatron (“Dreampatron”) means Dreampatron LLC, a limited liability company organized and registered under the laws of the State of Florida, United States of America and the owner and operator of the website / URL www.dreampatron.com.
- 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.
- Services (“Services”) means the Dreampatron service or any of the products or services provided by or through Dreampatron LLC.
GENERAL USE OF THIS WEBSITE
- Dreampatron is intended to be a crowdfunding subscription platform, not project-focused, that provides a facilitation service between artists and their fans, friends and supporters so fans, friends and supporters can make financial contributions to artists as a “patron of the Arts” and receive gifts, rewards and offerings in return.
- A limited license is granted to you by us to view, download, and use a single copy of the website solely for your personal, non-commercial use and only as an aid to participating on the website.
- The website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the website.
- We attempt to ensure that information on the website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete, or out of date, and we make no representation or promise to you about the completeness, accuracy, or timeliness of any information on the website.
RESTRICTIONS ON USE OF THE WEBSITE
- You may not collect or use any portion of the content of this website in any derivative way, or download, or copy information or other matter for use of any other party.
- You may not gather information and data on the website from data mining, robots, spiders, or other extraction tools.
- You may not interfere with the proper operation of the website including by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or any other technology that is designed or intended to interfere with the proper operation of the website or the use of the website by any User.
- You hereby agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the website, or the servers and network associated with the website.
- Any such unauthorized use by you or on your behalf automatically terminates the permission or license granted by us.
- In addition, you agree not to use this website to do any of the following:
- Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;
- Harm or exploit children;
- Advocate illegal activity or an intention to commit an illegal act;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that constitutes a pyramid, network marketing, Ponzi, or similar scheme;
- Email or transmit content that infringes on the intellectual property rights of any entity or person;
- Advertise or otherwise engage in any commercial endeavor without our explicit, advance written permission;
- Violate any applicable local, state, national or international law;
- Email or transmit material that includes or links to viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; or
- Disrupt the normal flow of communications or affect the ability of any user to use this website.
TERMINATION OF ACCESS
- Use of this website is a not a legal right. We reserve the right to suspend or terminate your access to the website for any reason at any time, in our sole discretion without considering the potential ramifications on you and your activities.
- The website and its contents, along with any Dreampatron Services, are not intended for the use of children under the age of 13. Children under the age of 13 may not use or submit any information to the website.
- Individuals under the age of 18 may only access the website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website. The age restrictions are based on applicable law for the benefit of such children.
INFORMATION YOU PROVIDE TO US VIA THIS WEBSITE
- If you choose to provide any personal information via this website, the information will be used only for the purposes described in our Privacy Notice and if you are an Artist you are also subject to the Artist Terms of Service and if you are a Patron you are also subject to the Patron Terms of Service
- Additionally, we may collect or share certain information based on your usage of the website, as described in our Privacy Notice.
- To facilitate communications between you and us, this website offers you the ability to contact us.
- Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable.
- You agree that we will have no liability to you whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising out of any unauthorized use by third parties of any information that you send by email.
- If you would like to transmit sensitive information to us, please contact us, without including the sensitive information, to arrange a more secure means of communication.
LIMITATIONS ON INFORMATION SUBMITTED
- We do not seek to receive any confidential or proprietary information or trade secrets through the website.
- However, if you do decide to send us something, then any information, materials, suggestions, ideas or comments you send to us (each, a “Submission”) are deemed non-confidential, and by providing a Submission it, you are granting us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute the Submission for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Notice.
- You further grant us the right to use your Submissions and any ideas, concepts or know-how contained in the Submission for any purpose, including developing, manufacturing, distributing, and marketing products or services.
- However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas, or comments, or unless your permission is first obtained.
- We reserve the right, in our sole discretion, to edit any Submission and to choose to include or not include a Submission, in whole or in part, on the website.
- However, we will not intentionally edit your Submission in such a way that it misrepresents your original Submission.
- Each Submission to us, through the website or otherwise, is subject to the following guidelines and restrictions:
- It may not contain URLs or links to any other websites (to advertise your company or website, contact firstname.lastname@example.org;
- It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material and provide proper attribution to the copyright owner, or it is a commonly accepted legally protected fair use);
- It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
- It is not or could not be construed to be spam or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
- It may not contain trade secrets (unless you own them or have the owner’s permission to transmit them);
- It may not contain material that infringes on the intellectual property rights of others, including copyright, trademark, patent, trade dress or trade secret rights, moral rights, or any other similar rights;
- It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
- It may not contain information that is known by you to be untrue, false, or misleading or that does not fairly or accurately depict or describe the subject matter that is the subject of the information posted by you;
- It may not present information that impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
- You may not solicit money, investments, or make any offering of securities or investments;
- You may not submit chain letters or pyramid schemes; and
- You may not submit commercial opinions or notices.
- You agree to indemnify, defend, and hold us harmless against all claims, losses, damages, or expenses arising out of or relating to any claims by another to any rights in any Submission, as further set forth below.
- You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
MONITORING OF INFORMATION
- We do not assume any obligation to review or monitor the Content or other information submitted to the website by third parties.
- You assume the responsibility of verifying the accuracy of any posted information through your own independent investigation and the risks of not so doing.
- Nevertheless, we may, in our sole discretion, review any, none, or all of the information submitted to the website for any purpose whatsoever, and we reserve the right, in our sole discretion, to remove, edit, or reject any information submitted to the website for any reason whatsoever.
- You agree that if we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information as required by the subpoena.
- You agree to waive and indemnify, defend, and hold us harmless from and against any and all claims, losses, damages, and expenses whatsoever in connection with any investigations by us or law enforcement or governmental authorities.
INTELLECTUAL PROPERTY RIGHTS
- Dreampatron owns any and all intellectual property rights relating to the Dreampatron brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, patents and patentable subject matter, trade secrets, and data elements and other Content that has or provides the “look and feel” of the www.dreampatron.com brand image, as well as our own Content, including the text, graphics, programming (including source and object code), photographs, video and audio contained in the website (the “Intellectual Property”), which specifically excludes all third party and Artist owned Content.
- We expressly and implicitly reserve all rights to all of our Intellectual Property now known or unknown, and failure to claim or otherwise contemplate any of our rights or potential rights to the same shall not constitute any waiver of any kind.
- None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein, unless you obtain our prior written consent.
- You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes.
- These limitations include copying or adapting the HTML code used to generate web pages on the website, as well as any graphics or programming.
- All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of its respective owner, third party and/or Artist, as indicated, and may only be used as permitted and/or with written consent from such third party and/or Artist.
DMCA; COPYRIGHT AND TRADEMARK INFRINGEMENTS
- We respect the intellectual property of others, and we ask you to do the same. We are entitled to, in appropriate circumstances and at our discretion, terminate or suspend your use of the website and/or access to the Service to users who infringe the intellectual property rights of others.
- As such, we will respond to claims of copyright and trademark infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable.
- Notification: If you and/or a third party believe/believes that your/a work is the subject of copyright infringement and/or a trademark infringement, you and/or a third party shall provide our copyright agent the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Licensor to locate the material;
(d) Information reasonably sufficient to permit Licensor to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright or trademark infringement can be reached as follows:
By email: email@example.com
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Counter-Notification: If you and/or a third party elect/elects to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your own attorney or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(a) A physical or electronic signature of the user;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
By email: firstname.lastname@example.org
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Only the intellectual property rights owner may report potentially infringing items through our reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner, who can choose whether to use the procedures set forth in these Artist Terms of Service.
- Policy: Once the proper bona fide infringement notification is received by the designated agent, it is our policy to:
(a) Remove or disable access to the allegedly-infringing material;
(b) Notify the user whose material has been removed or disabled; and
(c) For repeat offenders, remove the allegedly infringing material from the Service; we are entitled to terminate such user’s access to the Service.
DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the website and/or use the Services. Further, you acknowledge that the warranty disclaimers and liability and remedy limitations hereunder are material bargained-for bases and that they have been taken into account and reflected in determining the consideration to be given by each party hereunder and in the decision by you to use the website and/or Services.
Your use of the website and/or Services and our obligations and liabilities with respect to your use of the website and/or Services are expressly limited as follows:
- DISCLAIMER OF WARRANTIES
THE WEBSITE AND ITS CONTENT AND/OR SERVICES, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE, SERVICES, OR PRODUCTS, OR RELIANCE ON ANY OF ITS CONTENT, IS AT YOUR OWN RISK.
DREAMPATRON DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT AND/OR SERVICES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE OR ERROR-FREE. YOU, AND NOT DREAMPATRON, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE, THE SERVICES OR ITS CONTENT. DREAMPATRON DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT AND/OR SERVICES OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT AND/OR SERVICES OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME, WITH OR WITHOUT NOTICE.
NEITHER DREAMPATRON NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE WILL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE AND/OR SERVICES.
- LIMITATION OF LIABILITY
IN NO EVENT WILL DREAMPATRON OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DREAMPATRON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, AND IF WE ARE ADJUDGED AS RESPONSIBLE BY A COURT OF COMPETENT JURISDICTION, THEN THE MAXIMUM LIABILITY OF DREAMPATRON TO YOU FOR ANY TYPE OF DAMAGES WILL BE LIMITED TO THE AMOUNT YOU PAID DREAMPATRON FOR SERVICES OR ONE HUNDRED US DOLLARS, WHICHEVER IS GREATER.
RELEASE AND INDEMNIFICATION
- You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Dreampatron, and its subsidiaries, affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (a) your use of this website and/or Services; (b) the use of any information accessed by you from this website and/or Services; and (c) the use of Services and/or products sold or used from the website.
THIRD PARTY WEBSITES
- The website may contain links to other websites for your convenience and information.
- Such links may be to advertisers, merchandise retailers, payment processors, content providers, Artist websites, social media or other companies who may use our logo or style as a result of a co-branding agreement.
- Dreampatron does not control the content that appears on these websites or their privacy practices.
- Notwithstanding the presentation of, or links to, any third-party information or website on our website, no such presentation may be considered by you to be an endorsement, guarantee, representation, or warranty, either express or implied, by us on behalf of any third party.
- We will have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the website.
- Access to third party websites from our website is done at your own risk.
GENERAL CONTRACTUAL LANGUAGE PROVISIONS
- Local Laws: We do not represent that materials on the website are appropriate or available for use in your location. Persons who choose to access the website do so on their own initiative and at their own risk, and are responsible for compliance with applicable local laws, rules and regulations. At any time and in its sole discretion, Dreampatron may limit the website’s availability, in whole or in part, to any person, geographic area or jurisdiction chosen by Dreampatron.
VIRUSES AND TRANSMISSION OF SENSITIVE INFORMATION
- We cannot and do not guarantee or warrant that the materials contained on this website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”).
- It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses.
- Dreampatron does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third parties.
Updated: April 13, 2015