Terms of Service

Last updated: January 1, 2020 (Effective Date)

 

Agreement to Terms

Welcome to Patchbanks.com, the website and online music/media service developed and operating as (“Patchbanks,” “we,” or “us”). This page explains the updated terms by which you, whether as a visitor, member or contributor may use our online website and services (collectively the “Service”). By accessing or using the Service, you agree to be bound by our terms of service (“Agreement”) and to the collection and use of personal information as set forth in our Privacy Policy.

You agree that by accessing the Service, you have read, understood and agree to be bound by the Agreement. If you do not agree and comply with the Agreement, then you are prohibited from using the Service and must discontinue use immediately. We recommend for you to print a copy of this Agreement for future reference. This Agreement hereby incorporates the terms and conditions of the following additional documents, including all future amendments or modifications thereto:

Eligibility

You may use the Service only in compliance under this agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by a parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any users previously removed from the Service by Patchbanks. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

Accounts

You will be responsible for tracking all activity for each account you have registered under, and agree to: (a) maintain the security of all your passwords and usernames; (b) notify Patchbanks immediately of any unauthorised use or other breach of security; and (c) accept all responsibility for activity that occurs under each of your accounts. Patchbanks reserves the right to monitor downloads, logs and other activity to ensure compliance with this Agreement. If Patchbanks determines that you are in breach of this or any other term of this Agreement, it may suspend access to your account and seek further legal remedies.

Third-Party Links and Services

The Service may contain links to third-party websites or payment services that are not owned or controlled by Patchbanks. Patchbanks has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Patchbanks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. References to products or services on third-party websites do not imply our endorsement.

Unsolicited Demo Submissions

Notwithstanding anything to the contrary in this Agreement, we do not accept, invite or consider unsolicited demo submissions, proposals or suggestions, whether related to the Service or otherwise. We do not treat unsolicited submissions as confidential, and any unsolicited submission will be deemed invalid and disregarded.

Termination

We may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Agreement. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Proprietary Rights

We and our respective licensors own the information, images, descriptive text and materials (collectively the "Properties") made available at Patchbanks.com. Such Properties are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, sell, distribute or create derivative works based on the Properties made available on our website.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability and reliability for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Terms of Service Updates

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Miscellaneous

This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us.