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PRIVACY POLICY

PATMETHENY.COM is committed to respecting the privacy rights of all visitors to our web site. The following policy describes how PATMETHENY.COM collects, protects and uses information it receives from visitors to the web site. You must read this Policy as a condition to using the PATMETHENY.COM web site.

Personal Information:

When you register on the site, you must provide your name, e-mail address, city, state and zip. We will also ask you to create a username and password. This information allows us to keep a user profile so that we may customize preferences for each specific user, as well as provide a faster method for users to submit information to PATMETHENY.COM. As a registered user you can automatically be placed on a list to receive e-mail newsletters from PATMETHENY.COM.

Currently, when you visit the “Store” on the site, you will be taken to another web site where you may be asked for credit card information by a third party. That third party is not affiliated with PATMETHENY.COM and PATMETHENY.COM makes no warranties or representations as to the use of your credit card information by such third party. The link is provided for your convenience.

We may also use the information we collect during the registration process to occasionally notify you about important functionality changes to the Web site, new PATMETHENY.COM services, and special offers we think you’ll find valuable.

Personal information Security:

PATMETHENY.COM implements a variety of standard web security measures to maintain the safety of your personal information. Of course you may use the site anonymously, but to the extent you provide your personal information it will be protected by secured networks and is only accessible by a limited number of employees who have special access rights to such systems. We recommend that if you share your computer or use a computer that is accessed by the general public (i.e., a University or library, etc.), remember to close your browser window when you have finished your session. This will help to ensure that others cannot access your personal information.

Cookies:

Cookies are bits of electronic information that a web site can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit to the site. Cookies allow web site operators to better customize visits to the site to the visitor’s individual preferences. The use of cookies is standard on the Internet and many major web sites use them. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. Even without accepting a cookie, you can still access most of the features on the PATMETHENY.COM site.

Personal Information to other parties:

PATMETHENY.COM does not sell or otherwise transfer outside the company personally identifiable information that visitors voluntarily provide in any registration or contest submission. This information is collected and used to better understand visitors’ use of PATMETHENY.COM’s site and to support related transactions made on the site. PATMETHENY.COM and PMTours, Inc. may also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us.

Additionally, the site directs e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won a contest. If a visitor at anytime chooses to no longer receive such information and opt-out from any future mailings or to cancel their account, they should simply write to the PATMETHENY.COM webmaster at webmaster@PATMETHENY.COM.

PATMETHENY.COM may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a subpoena or other legal process. We may also disclose this information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of service or to protect the safety of our users and the public.

Third Party Links:

In an attempt to provide increased value to our visitors, PATMETHENY.COM may choose various third party web sites to link to from its own site. However, even if the third party is affiliated with PATMETHENY.COM, PATMETHENY.COM has no control over these linked sites who may each have separate privacy and data collection practices, and which are independent of PATMETHENY.COM. Neither PATMETHENY.COM nor any of its affiliates or contractors have any responsibility or liability for these independent policies or actions and no such party is responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, PATMETHENY.COM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Your Consent:

By using the web site, you consent to the collection and use, as described herein, of this information by PATMETHENY.COM and its affiliates. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Feedback:

PATMETHENY.COM welcomes your questions, comments, and concerns about privacy. Please e-mail any and all feedback to webmaster@PATMETHENY.COM pertaining to this, or any other issue.

Terms and Conditions:

Please also read PATMETHENY.COM’s Terms of Use below establishing the use, disclaimers, and limitations of liability governing the use of the entire PATMETHENY.COM web site.

MEMBERSHIP AGREEMENT

Welcome to the PATMETHENY.COM Membership Service (the “Service”).

PLEASE READ THIS MEMBER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS SERVICE.

By using the Service, you accept and agree to the terms contained hereunder and the terms of the Terms of Use and Privacy Policy. If you do not agree to these terms, please do not use the service. We may change the terms from time to time, and it is your responsibility to review them periodically to make sure that you are current on the guidelines.

General. This Service is owned and operated by PMTours, Inc. The Service offers Members (as defined below) access to (i) information, software and other content owned or licensed by PATMETHENY.COM and third parties, and (ii) preferential access to merchandise, tickets, and services offered by PATMETHENY.COM and independent merchants.

Please note that you will be referred to from time to time as “Member” in this Agreement. Each Member must be 18 years or older to establish an Account. “Account” means the account registered to any Member pursuant to the registration procedures for the Service. The terms of this Agreement apply to all Members. The Member for an Account is entirely liable for all activities conducted through that Account or Membership.

Non-transferability of Membership. PATMETHENY.COM grants to you a personal, nonexclusive, nonassignable, and nontransferable license to use and display the information offered by the Service on any machine(s) of which you are the primary user. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Service. Any attempt to sublicense, transfer, sell, or assign the license is void.

Security. As part of the registration process, each Member, will select a password and Member Name (“Username”). You shall provide PATMETHENY.COM with accurate, complete, and updated Account information. You may not (i) select or use a Member Name of another person with the intent to impersonate that person; or (ii) use a name subject to the rights of any other person without authorization. You agree to notify PATMETHENY.COM at webmaster@PATMETHENY.COM of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at PATMETHENY.COM’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Termination of Service. This Agreement is effective until terminated by either party. You may terminate this Agreement and your right to use the Service at any time by sending an e-mail to webmaster@PATMETHENY.COM. PATMETHENY.COM may terminate the Service or any element of the Service at any time without notice. PATMETHENY.COM may terminate your Account or access rights to this Service immediately without notice if in PATMETHENY.COM’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Service and all copies thereof.

User Agreement Your Conduct. The bulletin boards shall be used for lawful purposes only. No material shall be posted on or transmitted through the bulletin boards which violates or infringes the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. No conduct shall be undertaken that, in our judgment, restricts or inhibits any other user from using or enjoying the bulletin boards. Advertising or commercial solicitation may be posted on or transmitted through the bulletin boards only with our express prior approval. No material protected by copyright, trademark or other proprietary right shall be uploaded, posted or otherwise made available on the bulletin boards without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission. You hereby grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the bulletin boards (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed. You shall not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we, in our sole discretion, deem offensive. The foregoing provisions of this Section 1 are for our benefit and the benefit of our affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

Third Party Content. We are a distributor of content supplied by third parties and users of the bulletin boards. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, or any other user of the bulletin boards, are those of the respective author(s) or distributor(s) and not of us.

Disclaimer of Warranty; Limitation of Liability.

Each user expressly agrees that use of the bulletin boards is at his or her sole risk. We do not warrant that the bulletin board will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the bulletin board or as to the accuracy, reliability or content of any information provided through the bulletin boards. The disclaimer of liability contained in this section 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, tortuous behavior, negligence, or under any other cause of action. Each user specifically acknowledges that we are not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, members or other users of the bulletin boards and that the risk of injury from the foregoing rests entirely with each user. In no event will we or any person or entity involved in creating, producing or distributing the online services be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the bulletin boards or out of the breach of any warranty. Each user hereby acknowledges that the provisions of this section shall apply to all content on the bulletin boards. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the bulletin boards, nor for any offensive, defamatory or obscene posting made on the bulletin boards by anyone other than our employee spokespersons while acting in their official capacities. Under no circumstances will we be liable for any loss or damage caused by reliance on information obtained through postings on the bulletin boards. We do not endorse, warrant or guarantee any product or service offered by a third party through the bulletin boards and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use her or her best judgment and exercise caution where appropriate. Each user specifically acknowledges that in no event will we, our, affiliates nor any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third party.

Monitoring. We shall have the right, but not the obligation, to monitor the content of the bulletin boards to determine compliance with this Agreement and any other operating rules established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the bulletin boards. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right, users shall remain solely responsible for the content of their messages. Each user acknowledges and agrees that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the bulletin boards.

TERMS OF USE

Please read the following terms and conditions of use (the “Terms and Conditions”) which govern your use of the Service located at http://www.PATMETHENY.COM (referred to herein as the “Service”) and your relationship with PATMETHENY.COM, and all individuals and companies associated with the service (collectively referred to as “Company” or “We”). If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the service. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

General Terms and Conditions. By using the Service, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. The Service is provided to you for entertainment purposes and to provide information about Pat Metheny and his music, but we do not guarantee the accuracy, or completeness of the information. The service is provided “as is,” without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, or uninterrupted access. Specifically, the service disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content 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.

Neither the service nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or other third party for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to gain access to or use the service or out of any breach of any warranty. Because some states 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 the service, its employees, agents, successors, assigns, affiliates, and content or service providers is limited to the greatest extent permitted by such state law.

Pat Metheny, Company, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Service, and is the copyright owner or licensee of the content and/or information on the Service, unless otherwise indicated. The Service does not grant to you a license to any content, features or materials you may access on the Service. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on the Service solely for your personal use or records. If you make other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of any trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Service.

We reserve the right to change any information on the Service, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within the Service may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to the Service” below.) The content of the Service may vary depending upon your browser functionality and limitations.

You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.

In consideration of your use of the Service, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.

Buying Products Or Services. We are not responsible for any damages or losses caused by third parties in connection with any shipment(s) to you.

Please refer to any vendor or Third Party link’s Customer Service Page for more information on Buying Products & Services

Members. Members click here for our Membership Agreement.

User Conduct On the Service

While using the Service, you may not:

  1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
  2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
  3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
  4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  5. restrict or inhibit any other user from using and enjoying the Service; or
  6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Service) or engage in spamming or flooding; or
  7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
  8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.

We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect our self or our subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

Submissions. All information submitted to the Service via the Service shall be deemed and remain the property of the Service, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of the Service provides to the Service. The Service shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by the Service entity having the direct customer relationship or as otherwise specifically agreed or required by law.

Links from and to the Service. You acknowledge and agree that the Service and any of co-branding providers have no responsibility for the accuracy or availability of information provided by linked Websites. Links to external websites do not constitute an endorsement by the Service or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not 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 such external sites or resources.

Failure to Comply With Terms and Conditions and Termination. Subscription to this Service may be terminated at any time, and without cause, by either the Service or the Subscriber, upon notification by telephone or e-mail. When termination is requested by a Subscriber, subscription fees, if any, are NOT refunded. Subscribers are liable for charges incurred, if any, by them until termination of service.

You acknowledge and agree that we may terminate your password or account, if any, or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of the Service, or is otherwise inappropriate for continued access.

You agree to defend, indemnify and hold the Service and its affiliates harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.

Miscellaneous. The Terms and Conditions and the relationship between you and the Service shall be governed by the laws of the United States, in the Commonwealth of Massachusetts.

You and the Service each agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Boston Massachusetts.

The failure of the Service to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms and Conditions shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions/Feedback. Should you have any questions or comments regarding PATMETHENY.COM, please contact us via e-mail at webmaster@PATMETHENY.COM. Thank you for visiting PATMETHENY.COM.