Terms Of Use

  • Welcome to PORT

TLDR: By using PORT you agree to these terms.

These are PORT’s terms of use, and they apply to all users of the PORT platform. “We,” “our” or “us” refers to PORT Inc. and our subsidiaries. “PORT” refers to this platform and the services offered by us.

By using PORT you agree to these terms and to the other policies we post. For information about our data practices, please see our Privacy Policy. We can collect and use your information in accordance with those policies. Please read them carefully and contact us at contact@portmusic.app if you have any questions.

  • Your account

TLDR: You must be at least 13 years old to register for an account. You are responsible for your account and there is only one account per person. We can suspend your account if we suspect your information is false, outdated or incomplete.

When you create an account you must provide us with true and accurate information, in good faith, and you agree to keep your information updated if it changes. If PORT has a reason to suspect that any information you provide is untrue, inaccurate, outdated, or incomplete, we may suspend or terminate your account.

To create an account you must be at least 13 years old. To purchase anything through PORT, join an Artist’s subscription (herein referred to as “Subscription” or “Fan Club”) as a PORT User, or provide a subscription as an Artist, you must be at least 18 years old or have your parent’s permission. Your account can’t be “shared” or used by more than one person. You will choose a personal, non-transferable password. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. You will contact us immediately if you believe your account is compromised, especially if you know of or suspect any unauthorized copying or distribution of content or merchandise. You can learn more about security on our Security Policy page.

  • Account Information and Data

TLDR: We don’t own any of your personal data. If we share anything of yours, we will tell you before we share it and get your permission. Sometimes we use data for tracking traffic on the platform or responding to bugs, but none of that will include your personal information.

PORT doesn’t own any data, information or material that you submit on the Platform (“Data”) unless we specifically tell you otherwise before you submit it.  PORT won’t monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement.

Please be aware that PORT does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information. PORT may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement.

You, not PORT, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and PORT will not be responsible or liable for the deletion, correction, destruction, damage, loss and/or failure to store or retain any Data.

  • Abusive conduct

TLDR: Be responsible and don’t violate our policies.

You are responsible for all activity on your account. If you violate our policies we may suspend or terminate your account.

You won’t do anything illegal in any state or country, be abusive towards others, or do anything that abuses our site in a technical way. If you are an Artist selling goods or services on PORT, we may be held accountable for what you do. As a result, we also look at what you do when not interacting on our platform to see if there is anything that violates any of these terms. If we feel like what you’re up to harms PORT’s platform or reputation, we may suspend or terminate your account.

You can find more detailed information in the Security Policy. These policies cover most issues, but if you find a new and creative way to hurt PORT or our community we may take action to prevent it.

  • All about being an Artist

TLDR: an Artist is someone who offers content, goods, or services to PORT Users on PORT. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are an Artist. We may link you to third party sites, and those third parties have their own terms of use that apply to your interaction with them.

  • Becoming a PORT Artist

It’s as easy as going to www.portmusic.app and submitting your information

  • Merchandise Sales via the PORT Merch Store

Artists have the ability to customize merchandise to sell on PORT by using PORT’s Merch Store Tools. All sales are subject to fees and taxes as outlined below.

PORT allows you to sell merchandise displayed on our platform by linking the purchaser to third party sites. Any such purchases, and any terms, conditions, warranties or representations associated with such purchases, are solely between you, the purchaser and the applicable third-party.  PORT shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you, the purchaser and any such third-party.

  • Subscription/Fans Clubs

Artists have the ability to create up to 3 custom subscription offerings. All subscription plans must charge at least $1/month or $10/year. Artists can provide PORT Users with unique benefits including but not limited to archived footage where the artist owns the rights, exclusive content, merchandise, promo codes, and engaging experiences such as the virtual artist lounge. In exchange, PORT Users pay on a subscription basis and can cancel any time.

  • Payments

As an Artist you make your page available on PORT, and we provide access to the page to your PORT Users. We handle payments issues such as fraud, chargebacks and resolution of payments disputes.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect Artists, we may block PORT Users’ payments if we believe them to be fraudulent.

Sometimes activities like refunds can put your account balance into the negative. If your balance goes below zero then we reserve the right to recover those funds from future payments or to terminate your account.

  • Fees

As an Artist there are two fees associated with your sales on PORT. The first is the platform fee, which varies depending on the level of service you select. The second is the payment processing fee, which is dependent on the currency selected by the Artist.

The payment processing fee in U.S. Dollars is 2.9% plus $0.30 per successful offering for offerings over $3, and 5% fee plus $0.10 per successful offering for offerings of $3 or less. PayPal payments from non-US PORT Users have an additional 1% fee. Processing fees are subject to change and may vary for non-US PORT users.

Depending on your PORT Users’ locations, some banks may charge your PORT User a foreign transaction fee for their offerings. PORT does not control this charge, but it is typically around 3.0%.

Fees will be billed at the time you establish your Subscription and on an ongoing, regular monthly basis unless you cancel your Subscription. Please note that billing cycles may vary. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card). You should confirm the applicable billing policies prior to establishing your Subscription.

  • Tax

We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. You can learn more in our Tax Help Center.

In locales where PORT is required to collect transaction tax from PORT Users, sales processed from PORT Users will reflect the tier or custom sale amount plus the applicable tax. Applicable tax will not be taken from a sale, but rather will be charged in addition to the sale. Once settled, the tax amount will be automatically deducted for remittance to the applicable taxing authority. A record of the transaction tax portion of the sale will be available on your earnings details page.

As an Artist on our platform, it is your responsibility to provide accurate information when you are engaging with the sales tax weighting tool and, generally, when listing benefits transferred within your tiers.

  • Restrictions

We don’t allow any content, merchandise or Fan Club offerings that violate our policies. We don’t allow:

  • Illegal content or offerings
  • Content or offerings that are abusive towards other people.
  • Content or offerings that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Content or offerings with real people engaging in sexual acts.
  • Offerings that involve raffles or prizes based on chance.

If your fans include people under the age of 18, then please remind them that they need permission to purchase an offering, and those under the age of 13 cannot use PORT. We are not required to allow any particular person or group of persons to be your PORT User.

As an Artist you are also responsible for keeping PORT User data safe. You can see what is required in our Data Processing Agreement.

An account is tied to your creative output and cannot be sold or transferred for use by another Artist.

All about being a PORT User

TLDR: A PORT User is someone who joins PORT.

To become a PORT User simply create an account. To purchase artist offerings you need to provide your preferred payment method.

  • Merchandise

PORT offers you the ability to purchase merchandise displayed on our platform directly from your favorite artists by linking the purchaser to third party sites. Any such purchases, and any terms, conditions, warranties or representations associated with such purchases, are solely between you, the purchaser and the applicable third-party.  PORT shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you, the purchaser and any such third-party. All purchases are subject to all applicable tax laws as described herein.

  • Subscriptions

There are two types of subscriptions. One is a monthly subscription where you pay per month. The second subscription option is an annual subscription, where you pay for a year of access up front, at a discounted rate. Not all offerings allow for all both subscription types. Your options will be presented to you in the payment flow.

The timing and amount of each subscription depends on the type of subscription agreement you enter into, and the Artist you support. You can see the details as you join, as well as in the receipt sent to you after each successful payment. You can view all your active subscription subscriptions and billing history on your subscription page.

You may cancel your subscription payments at any time. Annual subscriptions may be cancelled, or increased, but not lowered. Terminating or lowering the tier support of subscription will go into effect in the subsequent (not current) payment term, except for annual subscriptions which can be terminated or increased but not lowered. Increasing your payment to a higher tier level in an annual subscription will go into effect in the current payment term. When you increase your payment for an annual subscription during the term, you will get a credit for any payment already made in that term.

For monthly payments, canceling your support may result in your loss of access to an Artist’s PORT exclusives section.

These include when you cancel your subscription, your payment method fails, the Artist blocks you, or the Artist deletes their account. We are not required to allow you to be a PORT User of any particular Artist.

Artists’ subscriptions vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent Artist pages, but cannot guarantee the identity of Artists or the validity of any claims they make. We appreciate your help reporting suspicious Artist pages so we can keep PORT safe.

If you are located in the jurisdiction in which PORT is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge. Except in limited circumstances, this tax is shown when you set up the initial subscription. PORT remits all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.

Depending on your location, some banks may charge you a foreign transaction fee for your subscription. PORT does not control this charge, but it is typically around 3% . Please contact your bank for more information.

Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.

  • PORT’s role

TLDR: We proactively look at some pages and posts on PORT and review reported pages to identify potential violations of our guidelines.

We proactively look at some pages and posts on PORT to make sure Artists follow our Community Guidelines and Benefit Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through PORT.

In most situations we will work with Artists to resolve any potential violations and allow the Artist to continue using PORT. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations of our Community Guidelines. You can learn how to report them here.

We are constantly testing out new features with the goal of making PORT better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your PORT account or perform actions on your behalf. This permission is asked for when you connect your PORT account to these other websites or services. You can learn more in our Privacy Policy.

  • Account deletion

TLDR: You can delete your account here. We can disable your account at our discretion.

You can permanently delete your account at any time by going to our Privacy Center. On that page you can also see what information is deleted and what we continue to store after the account is deleted.

We can terminate or suspend your account at any time at our discretion. We can also cancel any  subscriptions and remove any descriptions, posts or benefits at our discretion. Please note that you must cancel your subscription before it renews in order to avoid being charged for the cycle’s subscription. Your cancellation of your subscription will become effective at the end of the then-current billing cycle.

You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorney’s fees and costs.

These terms remain in effect even if you no longer have an account.

  • Your creations

TLDR: You keep complete ownership of all “Creations” (as hereinafter defined), but you give us permission and the necessary licenses to use them on PORT. You agree to make sure you have permission to use Creations that you offer on PORT. You keep full ownership of all creations that you offer on PORT, and you grant us licenses from you to operate PORT effectively by accepting these terms.

“Creations” means any piece of content posted by you inside of the PORT app, including, but not limited to, images, videos, merchandise, custom events, music and subscription offerings. By posting Creations on PORT you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your Creation. The purpose of this license is strictly limited to allow us to provide and promote subscriptions to your PORT Users. We will never try to steal your Creations or use them in an exploitative way.

You may not post Creations that you do not own or control, or have a valid license to use or that infringe others’ intellectual property or proprietary rights. You promise that, with respect to any Creations you do post on PORT, (1) you own or have the right to post such Creation, and (2) such Creation, or its use by PORT as contemplated by the Agreements, does not violate the Agreements or any other rights set forth herein, in applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your Creation by PORT or any artist, band, label, entity or individual without express written consent from PORT or such individual or entity.

PORT Users may not use Creations posted by Artists in any way not authorized by the Artist. PORT may be integrated with, otherwise interact or allow you to interact with third party applications, websites, and services (“Third Party Applications”) and third party devices to make PORT available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that PORT does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or device or for any interaction or transaction you may enter into with the provider of any such Third Party Applications and devices, nor does PORT warrant the compatibility or continuing compatibility of the Third Party Applications and devices with the Platform.

You are solely responsible for all Creations that you post. PORT is not responsible for your Creations nor does it endorse any opinion contained in any Creation. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PORT RELATED TO USER CONTENT OR CREATION THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PORT HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

  • Your third-party apps

TLDR: You may grant PORT permission to access third-party apps. You may also revoke that permission.

You may grant PORT access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some PORT features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that PORT can access.

At any time, you can revoke PORT’s access to those accounts using the respective third party’s security settings page.

These are the links for each service:

Google             Terms of Service         Privacy Policy Revoke PORT’s Access

YouTube         Terms of Service         Privacy Policy Revoke PORT’s Access

Facebook        Terms of Service         Privacy Policy Revoke PORT’s Access

Instagram        Terms of Service         Privacy Policy Revoke PORT’s Access

Twitter             Terms of Service         Privacy Policy Revoke PORT’s Access

Twitch              Terms of Service         Privacy Policy Revoke PORT’s Access

  • PORT’s creations

TLDR: You can use our copyrights or trademarks to promote your PORT page, but can’t use them for anything else without our permission.

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your PORT page. You can learn more about the correct use of our logo in our Brand Guidelines.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

  • Indemnity

TLDR: If we are sued because of your use of or conduct on PORT, you have to pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of PORT. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

  • Warranty disclaimer

TLDR: We do our best to make sure PORT works as expected, but stuff happens.

PORT is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

  • Limit of liability

TLDR: If you lose money as a result of using PORT, our liability to you is limited to the amount of money we have earned through your use of PORT.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of PORT. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of PORT. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

  • Dispute resolution

TLDR: If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of PORT, and it cannot be resolved after you talk with us, then it must be resolved by arbitration. This arbitration must be administered by JAMS under the JAMS Streamlined Arbitration Rules and Procedures, except as expressly provided below. Judgment on the arbitration may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.

For Artists and PORT Users who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

  • Governing law

TLDR: Any disputes with us must be resolved in under California law.

California law, excluding its conflict of law provisions, governs these terms and all other PORT policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Los Angeles, California.

  • Everything else

TLDR: We can change these terms and the Platform whenever we need to, but we will notify you of any material changes.

We reserve the right to modify these Terms or change, modify or otherwise alter any part of the Platform at any time. Material changes to these Terms may be communicated to you by making the revised Terms available for your review on the Platform. If you access the Platform through a mobile device, such changes may also be communicated through updated versions of the Platform software, which you consent to receive without further notice. Please review the Terms and our Privacy Policy periodically for any changes. The date that these Terms were last modified can be found at the end of these Terms. Any modifications to these Terms, including, but not limited to, any modifications to the warranty disclaimers or limitation of liability contained in these Terms, will supersede the prior provisions for all activity occurring after the revised version has been made available.

If you use accessibility tools and have questions or concerns, please contact us at support@PORTmusic.app.

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