PRESET PATCH TERMS OF USE AND PRIVACY POLICY
1. TERMS OF USE
Please read the following terms and conditions which govern your use of and access to the website located at PresetPatch.com and all associated sites linked to PresetPatch.com by Preset Patch, and your relationship with Preset Patch, its subsidiaries and affiliates (collectively "Preset Patch") and its licensors associated with this Website. Your use of this Website denotes your acceptance to the terms and conditions herein and the Preset Patch Privacy Policy.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE.
Preset Patch may change the terms and conditions herein from time to time and at any time without notice to you by posting such changes on this Website. By using this Website after any changes to these terms and conditions, you agree to be bound by any such changes. Please periodically visit this section of the Website to review the current version of these Terms of Use.
Preset Patch reserves the right to modify, revise or discontinue the Website, or any features, functionality or services provided as part of or in connection with the Website, without prior notice.
Children. This Website is intended for use by persons of age 18 or older and is not directed at children. Children under the age of 18 may use this site only with the supervision and consent of parent or guardian.
Linking and Framing. You are permitted to view the Website only in its full presentation form and are prohibited from "framing" the Website.
A. CONTENT
Website Content. All text, graphs, data, user interfaces, photographs, trademarks, logos, audio, video, artwork, computer code, files, software and other content appearing on this Website (collectively the "Content"), including, without limitation, the design, structure, expression and arrangement of the Content are the sole and exclusive property of Preset Patch. Except as may otherwise be expressly provided in the Website, Preset Patch does not grant you a license to any Content you may access on this Website, including, without limitation, any patent, copyright, trademark, service mark or other intellectual property of Preset Patch or any third party. EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED FOR IN THE WEBSITE, YOU MAY NOT FOR ANY PURPOSE DOWNLOAD, DISTRIBUTE, REVERSE ENGINEER, EXCHANGE, MODIFY, SELL, RENT, LOAN, TRANSMIT OR SAVE A COPY OF ANY OF THE WEBSITE SCREENS, DOWNLOADS, FILES, LISTS OR OTHER CONTENT. UNAUTHORIZED USE OF THE CONTENT MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS. The use of any Content for commercial purposes is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use the Content except as expressly provided herein.
Third Party References. References to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Preset Patch. Any views expressed by third parties on this Website are solely the views of such third party and Preset Patch assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Objectionable Content. You acknowledge that by using the Website, you may access content that you may consider offensive, indecent or objectionable. It is your responsibility to evaluate, assess, and bear any risk, associated with the use of any Content.
Downloads. Any software or files available to download from the Website is the copyrighted work of Preset Patch and/or its suppliers, licensors or users. Use of such software or data is governed by the terms of the end-user license agreement that accompanies or is included with the software ("EULA").
Contests, Sweepstakes, and Other Services. From time to time, you may be invited to participate in contests, sweepstakes, or similar events. Such events may require you to submit personal information to participate. Each event shall be subject to separate rules, and you should review all applicable rules before participating. The offer by Preset Patch of a contest, sweepstake or similar event on the Website does not mean that it is applicable to your jurisdiction.
Links to Third Party Websites. This Website may contain links to or be accessed through links on world wide websites of Preset Patch or third parties. Preset Patch does not have responsibility for the contents, availability, operation or performance of websites of Preset Patch partners or affiliates, or any other web sites to which this Website may be linked to or from which this website may be accessed. Preset Patch does not author, edit or monitor these links or web sites. You acknowledge and agree that Preset Patch is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content available on external web sites or sources.
B. UPLOADS, DOWNLOADS and USER CONTENT
Registered users are allowed to post materials or information (including, without limitation, preset data files, block data files, software tools, personal information, graphics, images, opinions, comments, questions, product reviews, audio files, and musical recordings) on certain portions of the Website ("User Submissions"). A User Submission is intended to be publicly available to all users of the Website and is deemed non-confidential and non-proprietary. By using these areas of the Website and posting or transmitting to Preset Patch for posting such User Submissions, you thereby acknowledge and agree that all User Submissions are publicly available to any viewer of the Website. You further acknowledge and agree that Preset Patch shall have no responsibility, liability, or obligation to you with regard to the User Submissions, its protection, its use or misuse in anyway whatsoever by any entity, including but not limited to Preset Patch itself. Preset Patch shall be free to reproduce, use, disclose, modify, display and distribute the User Submissions to others without limitation. By transmitting such User Submissions to Preset Patch, you grant to Preset Patch a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use and reuse such User submissions for any purposes whatsoever. Without limiting the foregoing, you agree that the User Submissions are exempt from the application of Preset Patch's Privacy Policy and Preset Patch has no obligation to maintain the privacy of any User Submissions. Preset Patch retains the right to prohibit any user from posting User Submissions on the Website at any time in its sole discretion.
User Submissions. Preset Patch does not pre-screen or have an obligation to monitor User Submissions. Preset patch does not guarantee or imply that user uploaded files will work as specified or expected. You assume all responsibility for verifying data you download, including running virus checks or other due-diligence with files you have downloaded. Preset patch does not check whether preset files will load correctly into instruments. Preset Patch always recommends backing up files, banks and presets before using any downloads. Preset Patch also recommends users to check files for data integrity before usage. Preset Patch is not responsible for any damages to yourself or to your equipment, from downloaded content from other users.
Sysex Data. Preset Patch does not pre-screen or have an obligation to ensure the data integrity of sysex files. Preset Patch does do some sysex analysis to verify basic structure of sysex files, but Preset Patch is not responsible for any issues that may arise from sending sysex files or sysex commands to your devices. Preset Patch recommends to always backup your user patches and settings before sending sysex to your devices.
Right of Removal. You acknowledge and agree that Preset Patch shall, in its sole discretion, retain the right to monitor the Website and refuse to post, edit, move or remove any User Submissions, in whole or in part, that Preset Patch, in its sole and absolute discretion, deems unacceptable, undesirable, inappropriate or in violation of these Terms of Use. Preset Patch may also disclose any information, as it may deem necessary or appropriate to satisfy any law, regulation or other governmental requires to operate the Website properly, to protect Preset Patch, its customers or users of the Website. Preset Patch does not accept any responsibility or liability for the accuracy of or omissions in any User Submissions. Inclusion of User Submissions on this Website does not imply any endorsement by Preset Patch of the User Submissions.
Your Use of User Submissions. Preset Patch is not involved in any transactions between the users who submit User Submissions, and the users who view or use such information. Without limiting the generality of foregoing, Preset Patch is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the User Submissions contained in the Website. Further, please note that Preset Patch cannot confirm that anyone is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Website.
User Conduct. By downloading or uploading User Submissions to the Website, you agree to the following conduct guidelines and warrant that:
You will not post anything on the Website that violates the intellectual property rights of others, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights. If you believe that any User Submission infringes your copyrights, you may provide a notification of claimed copyright infringement to Preset Patch's customer service staff via the contact form link located in the footer of each web page.
You will not post duplicate assets that have already been shared by others.
You will not reshare or re-upload patches you have downloaded from Preset Patch, back to this site or elsewhere, without getting the consent of the original creator and Preset Patch.
You will not reshare or upload derivitave work patches. If you download a patch and create a derivitive work based on that patch, you may not upload or share the derivitive patch without getting prior permission from the original creator and Preset Patch. Any such modified/derivitave works that are cleared for resharing must include a note about being a derivitave work, and include the original creators name for credit.
You will not post low quality or junk assets that are not useful for the intended instrument.
You will not impersonate any other person, or submit false or inaccurate information about yourself. Your account registration must contain complete and accurate information, including your real email address.
You will not post any threatening, harassing, libelous, false, misleading, defamatory, insulting or offensive text, whether directed towards Preset Patch, Preset Patch's products, Preset Patch's employees, or another Website user.
You will not post any offensive, obscene, or pornographic material, or any material that would violate any applicable law or regulation.
You will not post any chain letters or "spam." You also will not post any advertising, surveys, promotional materials, contests, or any other form of solicitation except in areas specifically designated for such purposes. All polls or surveys will be reviewed on a case-by-case basis by Preset Patch and removed at our discretion.
You will not post serial numbers, activation keys, "cracks," or any other information intended for software piracy or unlicensed use of software.
You will not post, upload, transmit, or distribute any content or post any links to third party websites that contain software viruses or any other code, files, or programs designed to interrupt, destroy, modify or limit the functionality of another computer, software or the Website.
License to use User Submissions by Preset Patch: By submitting User Submissions for publication on the Website, you grant to Preset Patch a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, distribute, and create derivative works based upon (in any format whatsoever) the User Submissions for any purpose.
Links within User Submissions. If your User Submission includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to Preset Patch a worldwide, royalty-free, sublicenceable, non-exclusive right to display the Posted Links for so long as the User Submission is available on the Website. Preset Patch requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link to. Preset Patch reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever. Inclusion of any links (Posted Links or others) in User Submissions does not imply any endorsement by or responsibility of Preset Patch with regard to the contents of sites related to Posted Links.
C. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
Disclaimer. THE WEBSITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, CONTENT, TIMELINESS, OR SECURITY OF INFORMATION OR SERVICES; AND (II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Preset Patch THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
NEITHER Preset Patch NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Preset Patch HAS BEEN ADVISED OF THE POSSIBILITY OS SUCH DAMAGES), ARISING OUT OF (I) YOUR USE OF THE WEBSITE, (II) YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE WEBSITE, (IV) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF Preset Patch OR ANY THIRD PARTY ON THE WEBSITE, OR (VI) OUT OF ANY BREACH OF ANY WARRANTY.
Because some state do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of Preset Patch, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the maximum extent permitted by such state law.
Reservation of Rights. All Content made available on the Website shall be deemed and remain the property of Preset Patch, and Preset Patch shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in any information or Content which any user makes available through this Website. Preset Patch shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by Preset Patch in writing or required by law.
Indemnity. You agree to indemnify and hold Preset Patch harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, information, software or other materials through the Website by you or any user of your account or related to any violation of these terms and conditions by you or any users of your account.
Violation of Terms of Use. You acknowledge that Preset Patch has the right, in its sole discretion, to terminate your access to the Website, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of Preset Patch, interfere with any other user's access or use of the Website, or if Preset Patch decides that your use is otherwise detrimental to Preset Patch or the Website. If you believe that someone has violated these Terms of Use, you may contact Preset Patch at info@presetpatch.com. Preset Patch may decide, in its discretion, to investigate the report and decide, in its sole discretion, to take any action relating to that report. Preset Patch does not have any obligation or liability to you for the performance or nonperformance of those activities.
Consent to Electronic Form of Contract. BY YOUR ACCESS AND USE OF THIS WEBSITE, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE, INCLUDING THE PROVISION OF NOTICE IN ELECTRONIC FORM. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by Preset Patch. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Preset Patch's web sites and will maintain such hardware and software throughout your use of this Website. You may remove your consent to the electronic form of contracting with Preset Patch, but in that event, you must provide notice pursuant to these provisions and your authorization to use and access this Website is immediately terminated.
General. The laws of California and the United States shall govern use of this Website. Users agree that any action, suit, or proceedings arising from or related to use of the Website shall be brought exclusively in the federal or state courts in the State of California without regard to choice of law or conflicts of law provisions. The failure of Preset Patch to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these terms and conditions shall remain in full force and effect.
2. PRIVACY POLICY
INFORMATION COLLECTED
Preset Patch collects a variety of information for visitors to the website, contest entrants, and users with a login account.
When registering for a user account, we collect and verify your email address to validate and confirm your account. For certain promotions or contests, we may also require your address, phone or other contact information, along with information about your instruments or devices.
In addition, we track user IP addresses to monitor user behavior and prevent nefarious activity.
Like many websites, Preset Patch uses sessions and cookies to monitor activity and enhance your user experience and reduce the need to login to your account every time you visit the website. If you block cookie or session usage, you may experience limited functionality on the website.
INFORMATION USAGE AND 3RD PARTIES
Preset Patch sends emails to users to verify accounts, and provide critical updates to users. In addition, from time to time, Preset Patch may send information emails or marketing materials regarding Preset Patch offers, contests, content updates, or third party promotions.
If you would like to opt out of optional email promotions, you may follow a link from the bottom of a promotional email to unsubscribe. Preset Patch reserves the right to sell or rent email lists to 3rd parties who have offers targeted toward specific instrument owners, user groups or demographic groups.
Preset Patch uses user information to deliver you the content and offerings which you may be most interested in, and present users with the most streamlined experience possible to find content and files that they may be interested in, based on previous browsing history, downloads, uploads, or other data or user behavior collected.
OPTIONAL INFORMATION COLLECTED
Besides the email address we collect and use as specified above, the marjority of additional user content we collect is optional, and may include user provided biography information, user stats, user demographics, user equipment, and a variety of different links to user websites and other social media accounts.
Preset Patch tries to create an environment where you can present your sound design expertise and musicianship to the community, to further drive traffic to your shops or musical projects. This extended information collected is purely optional, and you may choose to leave it blank if you prefer.
YOUR CONSENT
By using this site, you consent to the privacy policy and terms and conditions. If you do not wish to be bound by these policies, please immediately cease use of this website. If you have created an account and would like to have it deleted, you can contact us through the contact link in the footer of each page on this site.