Patron Terms of Service

DREAMPATRON LLC PATRON 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 YOU are directly responsible for helping artists continue to create and perform, you’ll receive experiential rewards and other various offerings in return.

 

By signing up for the Dreampatron service or any of the products or services provided by or through Dreampatron LLC (the “Services”), you agree to be bound by the terms and conditions set forth in this Patron Terms of Services (the “Patron Terms of Service), the General Terms of Use and Privacy Notice.  Any new features, tools, products, or services that we add will become part of the Services and will automatically be subject to these Patron Terms of Service and the General Terms of Use. You can review the most current version of the Patron Terms of Service at any time at http://dreampatron.com/patron-tos/. Dreampatron is entitled to update and change the Patron Terms of Service and the General Terms of Use at any time in good faith by posting updates and changes to the Dreampatron website at this URL: http://www.dreampatron.com.  You agree to check the Patron Terms of Service and the General Terms of Use from time to time for any updates or changes that may impact you.  Continuing to use the Dreampatron website and Services after we post any changes means you accept the new Patron Terms of Service and the General Terms of Use with the modifications.

 

DEFINITIONS

 

  1. 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.
  2. 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.
  3. 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.
  4. User (“User” whether or not capitalized) means any Artist, Patron, account holder or other person or entity, as appropriate, who accesses any portion of Dreampatron.  As a user, you are subject to this Patron Terms of Service and our General Terms of Use and Privacy Notice and agree to abide by all terms and conditions contained herein, except to the extent that any certain portion is directed to apply only to a different type of user which you do not qualify as at the time that such applicability would otherwise govern.
  5. Account (“account”) means 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 a user may utilize or access any aspect of Dreampatron, as well as the Artist information, Content, and Deliverables pertaining to the Artist.
  6. 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.
  7. Deliverable (“Deliverable(s)”) means any of the Content that 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.

 

Basically…

  • This section explains various terminologies in these Patron Terms of Service.

 

ACCOUNT CREATION AND REGISTRATION

 

  1. 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.
  2. You shall provide true, accurate, current and complete information about yourself and any related persons when completing the registration form. You shall maintain and promptly update your account to maintain its accuracy.
  3. 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.
  4. You must provide a valid email address and full name to register and create your account.
  5. 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 and transactional/relationship content.  You may unsubscribe at any time.  Please note that subject to our Privacy Notice, we will not sell or share your personal information, including your email, to any outside third parties.
  6. Your account information, including any personal information submitted by you, is subject to the terms of our Privacy Notice.

 

Basically…

  • When creating an account you have to give us certain information and it must be accurate.

 

ACCOUNT PASSWORDS AND ACCOUNT SECURITY

 

  1. When registering your account, you will create a username and a password.
  2. 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.
  3. 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.
  4. You shall sign out of your account at the end of each usage session.
  5. 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.
  6. 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.

 

Basically…

  • You are responsible for your account security and use of your account, and we can settle any account disputes.

 

ACCOUNT TERMINATION AND CANCELLATION

 

  1. 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.
  2. You may cancel your account at any time.  Upon cancelation, you will not be charged your monthly subscription prospectively (details below in section “BECOMING A PATRON; SUBSCRIPTIONS; DELIVERABLES”).
  3. Instructions to cancel are available in your account settings. You may also email the customer service address set forth in your account settings.
  4. We are entitled to require confirmation of identity for any cancellation requests and to require that only the primary contact person may cancel.
  5. Once your account is cancelled for any reason, you will not be able to log into your account.  However, any Deliverables still outstanding will be fulfilled by the Artist.
  1. If you cancel your account, you hereby grant us permission to retain certain information for record keeping, administrative, legal, and technical purposes. 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.
  1. 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.
  2. 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 Patron 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.

 

Basically…

  • 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 you will not be charged going forward.

 

BECOMING A PATRON; SUBSCRIPTIONS; DELIVERABLES

 

  1. Once you have created your account with Dreampatron, you can start using the Services.
  2. On the Artist’s home page, you will find a list of the available monthly subscription packages which you can choose from.
  3. Click on the monthly subscription package you want and then you will be taken through the registration process on our secure site.
  4. Thereafter, a “Pay” pop-up will appear and you will be asked to supply certain information in connection with such transaction, including without limitation your email address, credit card number, expiration date, CVC number and your billing address.  BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE 18 YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
  5. Once you have entered in all the accurate data, you will click “Pay”.
  6. Once your registration is complete and your payment is received, you will be sent an automatic e-mail containing information about the applicable selected monthly subscription package.
  7. By submitting such information, you grant us the right to use such information in accordance with our Privacy Notice, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf.  Please note that verification of information may be required prior to the acknowledgment or completion of any transaction.
  8. Your credit card will be charged automatically each month for the amount you select unless you cancel the auto-renew functionality in your account settings or notify us of your wish to cancel such auto-renewal by emailing us at info@dreampatron.com prior to the first day of the renewal term.
  9. Monthly subscriptions are non-refundable and are not eligible for returns, exchanges or credits.
  10. If we attempt to charge your credit card on file to auto-renew your monthly subscription, but the credit card is not valid or the payment is otherwise not authorized, your monthly subscription will not be renewed.
  11. By signing up for a monthly subscription, you authorize us to charge the credit card associated with your account to auto-renew your monthly subscription on the first day of each monthly renewal term.
  12. Each month you will receive an email from the Artist with information and the timeline for your deliverables.
  13. Depending on the deliverables, you may need to pay all charges that may be incurred by you or on your behalf, including without limitation, any applicable network, data or other charges in respect of mobile downloads.
  14. All deliverables will stop on the expiration date of your monthly subscription if your monthly subscription is not renewed.
  15. In the event of a dispute with a payment to an Artist, you agree that you 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 our Service.
  16. 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://www.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.

 

Basically…

  • You support the Artist monthly and for that you receive various gifts, rewards and/or offerings direct from the Artist.
  • Once you grant us authority, we can automatically charge your credit card on file.
  • You can cancel at anytime.

 

RELATIONSHIP BETWEEN ARTIST AND PATRON

 

  1. 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.
  2. There is an agreement between you as a Patron and the Artist 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.
  3. Dreampatron will not become involved in disputes between you and the Artists relating to the use of the Services and the Deliverables.
  4. If an Artist is unable to satisfy the terms of their deliverables, the Service will attempt to mediate on your behalf.  If this is unable to meet your satisfaction, you may cancel and you will not be charged going forward.

 

Basically…

  • You have the relationship with the Artist, not us; we are just a platform.
  • If you don’t receive your deliverables, you may cancel your subscription.

 

SWEEPSTAKES, CONTENTS, PROMOTIONS AND TICKETS

 

  1. Sweepstakes, contests, other promotions or ticket giveaways made available by Artist on the Artist’s home page or otherwise may be governed by specific rules that are separate from this Patron Terms of Service.
  2. 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.
  3. 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.

 

Basically…

  • Sweepstakes, contests, other promotions or tickets are subject to separate rules and applicable law.

 

USE OF SERVICES

 

  1. Dreampatron grants Patron a non-exclusive, non-transferable, non-sublicensable right to access and use the website and Services solely for the purposes described in these Patron Terms of Service and generally including the submission, updating, maintenance and accessing of your account, in accordance with these Patron Terms of Serviceand 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.
  2. You hereby represent to Dreampatron that: (a) you have the full requisite power and authority to enter into these PatronTerms 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 Patron Terms of Service.

 

Basically,

  • This is a conditional grant of permission to you to use the website and the Services.

 

CONDUCT AND USE RESTRICTIONS

 

  1. 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.
  2. 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 Patron Terms of Service.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. You must not transmit any computer worms or viruses or any code of a destructive nature.
  9. 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.
  10. 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.
  11. Dreampatron is entitled to terminate the Services for any reason or no reason at all, including for a breach or violation of any of the Patron Terms of Service.

 

Basically…

  • 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 Patron Terms of Service, or violate the rights of a third party.
  • We can terminate your account in our discretion for any reason.

 

THIRD PARTY WEBSITES

 

  1. The website and the Service may contain links to third party websites and resources.
  2. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources, including but not limited to Stripe.  Stripe’s terms of service and privacy policy are located here: https://stripe.com/us/terms.
  3. Links to such websites or resources do not imply any endorsement by or affiliation with us.
  4. Unless otherwise stated, this Patron 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.
  5. You acknowledge and accept that we are not responsible for the terms or practices of third parties.
  6. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Basically…

  • 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.

 

AUTHORITY

 

Each person who acknowledges or accepts these Patron Terms of Service and General Terms of Use hereby represents and warrants that such person is authorized to do so.

 

QUESTIONS

 

QUESTIONS ABOUT THESE PATRON TERMS OF SERVICE SHOULD BE SENT TO INFO@DREAMPATRON.COM.

 

 

 

Updated: April 14, 2015