Terms of service

User Agreement

Original Effective Date: October 13, 2014.
Last updated: .

“By accessing or using the website at www.patpat.com, the PatPat Application, or any content, functionality, or services offered thereon (collectively, the “Site”), you accept and agree to be bound by these Terms of Service (the “Terms”) our Privacy Policy and our Community Guidelines,each incorporated herein by reference. If you do not agree, do not access or use the Site. We may revise and update these Terms from time to time in our sole discretion. All changes are effective when posted and apply thereafter. Your continued use following the posting of revised Terms means you accept the changes.”

Terms and Conditions

Account Creation and Use of Site

The Site is offered and available to users who are at least 13 years of age. If you are under the age of 13, you must not access or use the Site. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Interfocus and meet all of the foregoing eligibility requirements.

All information we collect through the Site is subject to our Privacy Policy. By using the Site, you consent to our data practices described therein.

Interfocus Inc., Patpat Application and patpat.com (hereinafter collectively referred to as “Interfocus”) request that you provide your full name, current address, a valid email address, and any other information need to complete

the sign-up process. Please note that by signing up for this Site you acknowledge that Interfocus will use the initially provided email for all communication.

When you sign up to use the Site and create an account, you will be asked to create a password. You must treat your username, password, and any other security credentials as confidential and not disclose them to any other person. You remain responsible for all activity occurring under your account. Notify us immediately of any unauthorized access or breach. We may disable any credentials if we believe you have violated these Terms.“You may use the Site only for lawful purposes and in accordance with these Terms, our Privacy Policy, our Content Standards, as described below, and our Community Guidelines which is incorporated herein by reference.

Prohibited Uses

You are prohibited from transmitting any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the United States and abroad. You are fully and solely responsible with knowing what activities are permitted in your jurisdiction.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Interfocus. The name, trademark, symbol, or representation of the PATPAT brand is the sole property of Interfocus. Interfocus retains the right to use or transfer any account information other than your credit card information. *Credit Card or Debit information is always encrypted. All transmission and storage of information by Interfocus, is governed by Interfocus Privacy Policy.

Content Standards

These content standards apply to any and all User Contributions and use of the Site. Use of the Site and User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:·

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,violent, hateful, inflammatory, or otherwise objectionable.·
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.·
Infringe any patent, trademark, trade secret, copyright, or other intellectual property orother rights of any other person.·
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms, our Community Guidelines, and our Privacy Policy.·
Be likely to deceive any person.·
Promote any illegal activity, or advocate, promote, or assist any unlawful act.·
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,alarm, or annoy any other person.·
Impersonate any person or misrepresent your identity or affiliation with any person ororganization.·
Involve commercial activities or sales, such as contests, sweepstakes, and other salespromotions, barter, or advertising.·
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Interfocus.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS INTERFOCUS AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Interfocus is and will be the sole arbiter of determining which activity, content, usage is deemed destructive in nature. A breach of any term in this Agreement is the sole determination of Interfocus and will result in discipline, up to and including, termination of your account and legal action by Interfocus.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Interfocus, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features [LINK TO THE WEBSITE AND SOCIAL MEDIA FEATURES] with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.

You must not access or use for any commercial purposes any part of the Site or any services or materials, including User Contributions available through the Site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Interfocus. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Interfocus name, the terms “PatPat”, “PatPat.com”, the Interfocus logo, the PatPat logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Interfocus or its affiliates or licensors. You must not use such marks without the prior written permission of Interfocus. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

MARKETING COMMUNICATIONS

By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list. If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. By opting in to receive text messages from us, you consent to receive recurring automated marketing and informational texts at the mobile number you provide. Message frequency varies. Message and data rates may apply. Reply STOP to cancel, HELP for help, and UNSTOP to resume the subscription. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.” Include the existing help link or support page URL.However, you acknowledge that opting out of receiving texts may impact your use of the Site. We will not share your consent, opt-in and opt-out records with any third parties other than text messaging service providers and aggregators. For further assistance, please click https://us.patpat.com/article/help/contact for help.

Terms of Sale

All Products and services listed on the Site are subject to change, as is Product information, pricing, and availability. Interfocus reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Interfocus will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, Interfocus shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Your receipt of an order confirmation or charging your credit card/paypal account, by Interfocus does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

Any delivery dates provided by Interfocus are estimates. We reserve the right to make deliveries in installments. Interfocus will send you an email when your order has shipped and you may review your order and shipping information on your account page.

Return Policy: Interfocus will only accept returns on products that are identified as eligible for return or are received damaged. Once Interfocus confirms that your Product was returned in accordance with this policy, your credit card or PayPal account will be fully refunded. We do not accept any Product exchanges.

If the product arrives damaged ("damaged product"), Interfocus will only accept returns for a full refund, depending on the return procedure below. Once Interfocus confirms that you have received the damaged product returned under the following return procedure, your only and exclusive remedy is: (a) We will refund the refund amount of the damaged product to your credit card or PayPal account (if your credit card or PayPal The account has already paid for the product) or (b) We will not charge the damaged product from your credit card or PayPal account. The refund amount will include applicable shipping costs.

Return Procedures: All returns must be made within 30 days after the Product delivery date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service as per the Site. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued.

User Feedback and Content Submissions

The Site may enable you to send us or post or embed on the Site feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics, images, video or other materials; or any confidential, proprietary or other information that allow users to post, submit, publish, display, or transmit to other users or other personal content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with these Terms and the Content Standards set out in the Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your User Contribution through the Site, and to use, reproduce, collect, distribute, share, display and perform such User Contributions permitted through the Site and under these terms and conditions.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and] our respective licensees, successors, and assigns.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Interfocus, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

You acknowledge and agree that the User Contribution and its contents become publicly available and can be used by others.

All images submitted to the Site become the exclusive property of Interfocus. By submitting an image or a video, you hereby irrevocably assign (and agree to assign) to Interfocus, free and clear of any restrictions or encumbrances, all of your rights, title and interest in and to the image or video submitted. This assignment includes, without limitation, all worldwide copyrights in and to the image or video, and the right to sue for past and future infringements.

THIRD PARTY LINKS TO AND FROM THE SITE

Linking to the Site and Social Media Features

You may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.

Send emails or other communications with certain content, or links to certain content, on this Site.

Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Site other than the homepage.

Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Rights and Reservations

Interfocus shall have the right to terminate your use of the Site and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these User Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations may at any time modify or terminate the Site for any reason, without notice. We also reserve the right to refuse service to anyone for any reason at any time.

Interfocus has the right, but not the obligation to, remove Site content; as well as suspend a customers account that it deems in violation of this Agreement. We will not tolerate any verbal or written abuse of any kind

(including threats of abuse or retribution) of any Interfocus customer, Interfocus employee, member, or officer. Such conduct will result in immediate account termination.

Interfocus may at any time request documentation proof of identification in order to determine account ownership and use. Interfocus may suspend use during such period until a determination can be made as to proper ownership of said account.

We may withdraw or amend the Site, and any service or material provided on the Site, in our sole discretion without notice. We will not be liable if any part of the Site is unavailable at any time or for any period.

You must send a letter requesting arbitration and describing your claim to:

Head Office

Interfocus, Inc.

650 Castro Street Ste. 120-458,

Mountain View, CA 94041

Interfocus Eu Limited (IE646168)

G2031, The Innovation Centre IT Sligo, Ash Lane

Sligo, F91YW50, Ireland

Applicable law and Jurisdiction

By using our Site, including our website at www.patpat.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern your use and any dispute of any sort that might arise between you and Interfocus.

Disputes

You agree that, in our sole discretion,, we may require any dispute or claim relating to any way to your use of our Site to be resolved by binding arbitration in Santa Clara before one arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and other federal arbitration law apply to this Agreement. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

You also agree that any dispute resolution proceedings will be conducted only on an individual basis, and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you further agree to waive any right to a jury trial.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INTERFOCUS NOR ANY PERSON ASSOCIATED WITH THE INTERFOCUS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER INTERFOCUS NOR ANYONE ASSOCIATED WITH INTERFOCUS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, INTERFOCUS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF INTERFOCUS AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE INTERFOCUS IN THE LAST TWELVE (12) MONTHS FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Interfocus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Waiver and Complete Agreement

This Terms, together with the Privacy Policy and Community Guidelines, the DCMA Policy constitute the User Agreement and represent the entire agreement between Interfocus and you, and supersede any and all preceding and contemporaneous agreements between Interfocus and you. No waiver of any term is a continuing waiver; failure to enforce is not a waiver. If any provision is invalid or unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.

Confidential Information

Interfocus will not disclose any customer's confidential information to third parties, except as required in the course of providing our services or by law. Confidential information includes any materials or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time Interfocus received it; (b) comes into the public domain after Interfocus received it through no fault of their own; (c) Interfocus received it from someone other than the client's without breach of this agreement or the herein confidentiality obligations; or (d) as required to disclose by law or court order. For clarification, Confidential Information does not include User Contributions.

Copyright Infringement/DMCA Compliance

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Interfocus complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our DMCA Notice Requirements. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please visit our DMCA Notice Requirements. Our designated agent for notice of alleged copyright infringement is:

Interfocus, Inc.

Attn: Copyright Agent

650 Castro Street Ste. 120-458,

Mountain View, CA 94041, USA