Last Updated: May 22, 2020
These Terms of Service (“Terms”) govern your access to and use of this website, which is made available to you by PatronManager, LLC (including its affiliates, “Patron,” “we,” “us,” or “our”). This website, its contents, all underlying technology, and all related services are, together, referred to below as the “Service.”
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be clearly posted on the Service.
- License. Provided you comply with these Terms, Patron grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for your own personal noncommercial purposes and, in any event, in accordance with all related documentation or restrictions posted on the Service or otherwise provided by Patron.
- NO ENDORSEMENT OF THIRD-PARTY CONTENT. Patron does not create, distribute, or publish content in connection with the Service. Patron only provides an online venue where event organizers and content providers who have entered into an applicable agreement with Patron (“Event Organizers”) can stream and otherwise distribute or publish content (“Third-Party Content”). Patron is not responsible for the production, experience, or cancellation of any Third-Party Content. Patron has no control over and does not guarantee the existence, quality, suitability, or legality of any Third-Party Content. The views and opinions of Event Organizers do not necessarily reflect the views and opinions of Patron. Patron does not endorse, nor does Patron make any representations or warranties with respect to, any Event Organizers or Third-Party Content. You acknowledge and understand that your access to Third-Party Content through the Service is governed by and subject to your agreement with the applicable Event Organizer. Any and all questions or comments regarding ticketing should be directed to the applicable Event Organizer.
- Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content are exclusively the property of Patron or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to Patron or any third party is prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials (including, as applicable, Third-Party Content), which are the property of their respective owners. Except as may be expressly described in these Terms, no licenses or other rights, express or implied, are granted by Patron to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Patron. Copyright © 2020 PatronManager, LLC. All rights reserved.
- Your Warranties. You represent and warrant that:
- You have the authority to enter into these Terms;
- You are at least eighteen (18) years of age;
- You will not access or use the Service in any manner not permitted by these Terms;
- You will perform your obligations and exercise your rights under these Terms in compliance with all applicable laws and regulations (including any applicable export or import laws or regulations and any applicable rules regarding online conduct);
- All information you provide in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief; and
- You are under no contractual obligation that will interfere with your ability to perform under these Terms.
- Use Restrictions. You will NOT, nor will you permit any person to:
- Access or use the Service for purposes other than as expressly permitted by these Terms;
- Access or use the Service for unlawful purposes;
- Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, distribute, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, discover the source code of, combine with other computer code or materials, translate, adapt, update, or modify the Service, any part thereof, or any Third-Party Content;
- Obscure, remove, alter, or modify any proprietary markings, designations, or notices in or on the Service;
- Access or use the Service to develop, create, produce, enhance, or add to any database;
- Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, products, or services that compete with or are substantially similar to the Service;
- Use the Service as part of any effort to compete with Patron or to provide services as a service bureau;
- Use the Service in any way that infringes on or violates the rights of any other person or entity;
- Access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose;
- Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Service;
- Submit or provide through or using the Service any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties;
- Impersonate or attempt to impersonate another person;
- Commit fraud or falsify information in connection with your use of the Service;
- Transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks;
- Engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult;
Access, use, or analyze the Service for any purpose that is to Patron’s detriment or commercial disadvantage; nor
- Act maliciously against the business interests or reputation of Patron or any Service user.
- Termination of Access. Patron may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Service or any Third-Party Content, and may terminate these Terms, including if you breach these Terms or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.
- Service Availability; Changes to the Service. Any content, materials, products, or services streamed on or otherwise distributed or made available through the Service (including Third-Party Content) are subject to availability. Patron may change the Service and its content, materials, products, and services at any time, without notice or liability.
- NO WARRANTY. THE SERVICE, INCLUDING ALL THIRD-PARTY CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. PATRON DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, AVAILABILITY, OR ACCURACY OF THE SERVICE OR ANY THIRD-PARTY CONTENT. PATRON DOES NOT WARRANT OR GUARANTEE THAT AVAILABILITY OF THE SERVICE OR ANY THIRD-PARTY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE MAKE NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THIRD-PARTY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATRON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE AND THIRD-PARTY CONTENT, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ACCESS THERETO MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, WIRELESS NETWORKS, TELECOMMUNICATIONS, AND ELECTRONIC COMMUNICATIONS. PATRON IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF PATRON’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, WIRELESS NETWORKS, THIRD-PARTY SOFTWARE, AND THIRD-PARTY CONTENT.
WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM PATRON OR IN ANY MANNER FROM THE SERVICE OR ANY THIRD-PARTY CONTENT CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PATRON, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS (TOGETHER, THE “PATRON PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, OR THIRD-PARTY CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A PATRON PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE PATRON PARTIES’ LIABILITY TO YOU EXCEED U.S.D. $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless the Patron Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Service or any Third-Party Content, (b) your misuse of or reliance on any content, material, data, or information (including Third-Party Content) streamed on, accessed or viewed using, or otherwise made available through the Service, (c) your submission of information through or using the Service, (d) your violation of or noncompliance with applicable laws or regulations, (e) your breach of these Terms or any other applicable agreement, or (f) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Force Majeure. Patron will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond Patron’s control, including without limitation acts of God, terrorism, civil disorders, labor controversy, riot, acts of a public enemy, acts of the United States of America, any state, territory or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts and omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.
- Linking to the Service. If you operate a website and are interested in linking to the Service: (a) the link must be a text-only link unless you request a graphic badge from Patron, in which case you may use any graphic badge provided by Patron to link to the Service, and, in any case, the link must be clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Patron’s names or trademarks; (d) the link and its use must not create the false appearance that any content, program, person, or entity is associated with, affiliated with, sponsored by, or endorsed by Patron; and (e) the link, when activated by a user, must display the Service full-screen and not within a frame or mirror. Patron reserves the right to revoke consent to link to the Service at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. Patron welcomes comments regarding the Service. If you submit comments or feedback regarding the Service, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law; Dispute Resolution. These Terms are governed by the laws of the state of Pennsylvania, without regards for its conflict of law principles, and, as applicable, the federal laws of the United States. Venue is exclusively in the state or federal courts, as applicable, located in Allegheny County, Pennsylvania, with respect to any dispute arising under these Terms unless otherwise determined by Patron in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. The United Nations Convention for the International Sale of Goods does not apply. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Service or these Terms more than one (1) year after the claim arises.
- Relationship of the Parties. Patron is an independent contractor. These Terms do not create any agency, partnership, joint venture relationship, other form of joint enterprise, employment, or fiduciary relationship between the parties, their affiliates, or their respective employees, contractors, or agents.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Patron may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms or the Service to us by email at firstname.lastname@example.org or by mail at PatronManager, 650 Smithfield St., Pittsburgh, Pennsylvania, U.S.A. 15222.