Conditions of Use

WELCOME TO HOLDING PATTERN

1. Your Agreement

We provide our website http://holdingpattern.com (the 'Site') to you subject to the following terms and conditions ("Terms"). Please read these Terms carefully as they outline your agreement with The Holding Pattern Pty Ltd (ACN 144 076 442)  ("Holding Pattern" "we" or "us") as a "Visitor" (which means that you simply browse the Site), a "Fan" (which means that you can not only browse the Site but also interact with it), as an "Artist" (as provided below) or as a "Customer" (as also provided below) (altogether "Users").

If you are an "Artist" or "Author" you have already registered with Holding Pattern and have accepted the terms and conditions of registration http://holdingpattern.com/pages/artist-terms-conditions If you wish to become an Artist or Author, go to http://holdingpattern.com/users/signup

If you are a "Customer" you have already registered with Holding Pattern and have accepted the terms and conditions of Use at http://holdingpattern.com/pages/customer-licence-agreement. If you wish to become a Customer, go to http://holdingpattern.com/users/signup

Whatever your use of the Site, by your continued use, you are deemed to agree to and accept these Terms.

If you do not agree to these Terms you should not continue to use this Site.

2. Privacy Policy

Holding Pattern is committed to protecting your privacy. Please refer to our Privacy Policy at http://holdingpattern.com/pages/privacy-policy for information on how we collect, use and disclose personal information.

3. Use of the Site

As a User, you are specifically prohibited from:
(a) downloading, copying, distributing or re-transmitting any or all of the Site or any content on the Site, including all and any material uploaded or otherwise provided on the Site ("Site Content") without the written license or agreement of Holding Pattern;
(b) using any data mining, robots or similar data gathering or extraction methods on any part of the Site or the Site Content;
(c) altering, adapting, modifying or manipulating any part of the Site or the Site Content;
(d) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology;
(e) using the Site or the Site Content other than for its intended purpose including any commercial use including, but not limited to:-
(i) sale of access to the Site or its related services on another website;
(i) use of the Site or its related services, for the primary purpose of gaining advertising or subscription revenue;
(i) the sale of advertising, on the Site or any third-party website, targeted to the Site Content; and
(i) and any use of the Site or its related services that Holding Pattern finds, in its sole discretion, to use Holding Pattern's resources or Site Content with the effect of competing with or displacing the market for Holding Pattern or Site Content.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

4. Intellectual Property Rights

All Site Content and all other material included on the Site, such as but not limited to text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software, is either the property of Holding Pattern or its Artists, or its content suppliers and is protected by international laws of copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

5. Copyright Infringement Policy

Holding Pattern has adopted a policy of terminating, in appropriate circumstances and at The Holding Pattern's sole discretion, Users, be they Visitors, Fans, Artists or Customers, who infringe the intellectual property rights of Holding Pattern or any third party.

6. Intellectual Property Complaints

If you believe that any material on the Site infringes upon any copyright or any other intellectual property right that you own or control, you may file a notification of such infringement with us at general@holdingpattern.com

7. Trade Marks

No logo, name, or mark, registered or unregistered of Holding Pattern may be used without prior written permission of Holding Pattern.

All other trade marks not owned by Holding Pattern that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Holding Pattern.

8. Objectionable Material

Users are expressly prohibited from providing material to be included on the Site that contains nudity, or obscene, excessively violent, harassing, sexually explicit, promotes racial hatred, inaccurate, inappropriate or otherwise objectionable subject matter. However, despite this prohibition, such material provided by Users may contain such material, products or services, and Holding Pattern assumes no responsibility or liability for this material.

If you become aware of misuse of the Site by any person, please contact Holding Pattern at general@holdingpattern.com or click on the "Report Inappropriate Content" link at the bottom of any page on Holding Pattern Site.

9. Termination Policy

Holding Pattern reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or Site Content at any time, for any or no reason, with or without prior notice, and without liability.  

In particular, Holding Pattern reserves the right to decide whether any use of the Site or Site Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.

10. Disclaimers

Content
Holding Pattern is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with services provided by Holding Pattern ("Holding Pattern Services"), whether caused by Visitors, Fans, Artists or Customers or by any of the equipment or programming associated with or utilized in Holding Pattern Services.

Links
Profiles, or any other material or information created and posted by Holding Pattern, or Users on the Site may contain links to other websites. Holding Pattern is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Holding Pattern. Inclusion of any linked website on Holding Pattern Services or on the Site does not imply approval or endorsement of the linked website by Holding Pattern.

Third Party Sites
When you access these third-party sites, you do so at your own risk. Holding Pattern takes no responsibility for third party advertisements which are posted on this Site or through Holding Pattern Services, nor does it take any responsibility for the goods or services provided by its advertisers.

Conduct of Users
Holding Pattern is not responsible for the conduct, whether online or offline, of any User of the Site. Holding Pattern assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any User communication.

Technical Issues
Holding Pattern is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of Holding Pattern Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site Content.

Use of Site
Under no circumstances shall Holding Pattern be responsible for any loss or damage, including personal injury or death, resulting from use of Holding Pattern Services, attendance at an event of Holding Pattern, from any content posted on or through the Site, or from the conduct of any Users of Holding Pattern Services and/or the Site, whether online or offline. Holding Pattern Services and the Site is provided "AS-IS" and as available and Holding Pattern expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Holding Pattern cannot guarantee and does not promise any specific results from use of Holding Pattern Services.

Territory
The Website is controlled and offered by Holding Pattern from its facilities in Australia. Holding Pattern makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Limitation on Liability

IN NO EVENT SHALL HOLDING PATTERN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF HOLDING PATTERN SERVICES AND/OR HOLDING PATTERN SITE, EVEN IF HOLDING PATTERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOLDING PATTERN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOLDING PATTERN FOR HOLDING PATTERN SERVICES DURING THE TERM OF MEMBERSHIP, IF ANY.

YOU SPECIFICALLY ACKNOWLEDGE THAT HOLDING PATTERN SHALL NOT BE LIABLE FOR FAN OR ARTIST SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Disputes

If there is any dispute about or involving Holding Pattern Services, you agree that the dispute shall be governed by the laws of the State of NSW, Australia and parties submit to the non-exclusive jurisdiction of the State of NSW, Australia.

13. Indemnity

You agree to indemnify and hold Holding Pattern, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Holding Pattern Services and/or the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

14. General

This Agreement is accepted and affirmed upon your use of the Site or any of Holding Pattern Services on these Terms.

This Agreement constitutes the entire agreement between you and Holding Pattern regarding the use of Holding Pattern Services and the Site.

The failure of Holding Pattern to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

"The Holding Pattern" name and logo is a trade mark of Holding Pattern.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Holding Pattern without restriction.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Holding Pattern reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes.

Your use of the Site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND HOLDING PATTERN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

15. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.