Terms and Conditions

Terms of Use

Adventure Patches Terms of Use

Last update: 27 October 2020

Welcome to the Adventure Patches website (the “Website”). By accessing or using the Website, Content and Services in any way, including without limitation browsing the Website, you agree to comply with and be bound by the following terms of use (“Terms of Use”) and agree to comply with all applicable laws and regulations. If you are using the Website as a representative of an entity, by using the Website you are agreeing to these Terms of Use on behalf of that entity. If you do not agree to these Terms of Use, you should not use the Website.

For the purposes of these Terms of Use, the following terms shall have the meanings set out below:

“Content” collectively means all documents, instructions, articles, reports, videos, sound recordings, logos, graphics, photographs, designs and other information or content found on the Website, made available as part of the Services or otherwise provided to users by Adventure Patches.

“Services” mean provision of the Content and other new or existing products and services offered by Adventure Patches on the Website from time to time.

“Website” means https://adventurepatches.com/.

The term “Adventure Patches”, “us,” “we” or “our” refers to Adventure Patches and the other entities that are authorised to carry or use our name or any one or more of those entities as the context requires. The term “you” and “your” refers to the user of or visitor to the Website.

Please note that the Terms of Use are subject to change by us in our sole discretion at any time. When changes are made, we will make a new copy of the affected Terms of Use available on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. You should check the Terms of Use, available through a link on every page of the Website, each time you use the Website to determine if any changes have been made. If you use the Website after the amended Terms of Use have been posted, you will be deemed to have agreed to the amended Terms of Use.

1. Disclaimers

1.1 This Website and all Content and Services are provided on an “as-is” and “as available” basis, with all faults. To the fullest extent permitted by law, we absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.

1.2 Although we strive to keep the information provided in the Website accurate and up to date, we give no warranty that:

(a) the information available on or through the Website will be correct, accurate, timely or otherwise reliable;

(b) our Services will be accurate, adequate, reliable, or free from defect, error or omissions;

1.3 We make every effort to ensure that our Services are always available, but our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We do not guarantee that our Services will be free from bugs or viruses, or available in any particular jurisdiction outside of China. You are responsible for configuring your information technology, computer programs, and platform in order to access the Website. You should use your own virus protection software.

1.4 The applicable law in your jurisdiction may not permit these exclusions, particularly the exclusions of some implied warranties and in such circumstances all such warranties are disclaimed to the fullest extent permissible under applicable laws.

2. Account Security

Access to some of the Content and Services requires registration. In order to register, you agree to provide us with accurate and up-to-date information. You also represent that you have the legal right to use the e-mail address(es) you provide. The account you register is only to be used by the person or organization who registered it. You agree not to disclose the account log-in user name or password or any other account information or access code (“Registration Information”) to any third party or authorize them to access or use the Services using your Registration Information, irrespective of whether such use is on your behalf or for their own use and benefit. Similarly, you may not use a third party’s Registration Information. You agree to notify us immediately of any unauthorized use of your account or Registration Information. We shall not be liable for any losses you incur as a result of someone else’s use of your account or Registration Information, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or Registration Information.

3. Payments

3.1 You may, from time to time, make payments to us or third parties as part of your use of the Website (including for the provision of certain features offered as part of the Services). We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments. and that pricing and availability of Items and products are subject to change at any time.

3.2 You authorize us to (a) save your chosen payment method’s information (e.g. credit card information) on our systems and (b) bill your chosen payment method for the relevant selections made by you.

3.3 If any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, (a) we may not provide you with, or we may suspend our provision of, the relevant Services until payment is properly processed, and (b) you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).

4. Restriction of Use

4.1 You agree not to use the Website, the Content and/or the Services for any unlawful purpose or as prohibited by these Terms of Use or elsewhere on the Website.

4.2 You also agree that when using the Website, Content and/or Services, you will not:

(a) violate any applicable laws or regulations;

(b) attempt to interfere with any other person’s use of the Website or the Services;

(d) use the Website or the Services in any manner which could damage, disable, overburden, or impair the Website, computer systems, servers and networks, or interfere with any other party’s use and enjoyment of the Website;

(e) misrepresent your identity or impersonate any person;

(f) charge others to use the Services either directly or indirectly;

(g) attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by us in connection with the Website or Services;

(h) obtain or attempt to obtain any data through any means from the Website or the Services, other than as made available to you by us;

(i) create compilations or derivative works of any Content;

(j) re-sell or attempt to benefit in a commercial fashion from any Content available as part of the Services;

(k) copy, sell, transfer, distribute, publish, or assign your license to the Services in any format to any third party;

(l) send, receive, or download messages or materials that are inappropriate or violate our intellectual property rights or those of others.

4.3 All judgments concerning the applicability of these guidelines shall be at our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether to take action and what action to take in response to any violation. Any action or inaction in a particular instance shall not dictate or limit our response to a future complaint.

5. Ownership

All right, title and interest in and to the Content and Services provided on this Website are owned by us or have been lawfully licensed to us for use in connection therewith. Except as otherwise expressly provided by these Terms of Use, none of the Content or components of the Website may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Website shall be construed to confer any license under the intellectual property rights in the Content and Services, whether by implication or otherwise. Any rights not expressly granted herein are reserved.

6. Third-party content

Third-party content may appear on the Website or may be accessible via links from the Website. We are not responsible for and assume no liability for any third-party content. You understand that we are providing the links to you only as a convenience, and if you decide to leave this Website and access these third-party sites, you do so at your own risk. You also understand that the information and opinions in the third-party content represent solely the thoughts of the author. We do not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the third-party content.

7. Changes

As our Website and users’ experience are constantly evolving, we may from time to time add, change or remove features or services from the Website (including in relation to whether a feature or service is free of charge or not); and/or suspend, discontinue or terminate the Services altogether.

8. Limitation of liability

8.1 You understand and agree that in no event will Adventure Patches, its affiliates, officers, directors, employees, consultants, agents and representatives, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, date or profits; or business interruption) however used and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the Content or Services or the use of the Website, even if advised of the possibility of such damage.

8.2 Our aggregate cumulative liability in connection with any claim arising out of or relating to the Website shall not exceed the total services fees paid by you to us in the preceding 12-month period, and that amount shall be in lieu of all other remedies which you may have against us.

9. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense related to your violation of these Terms of Use, violation of applicable law or third-party rights (including, without limitation, patent, trademark, copyright, trade secret or other intellectual property rights), willful misconduct or other misuse of the Website, Content or Services.

10. Privacy; Use of Personal Information

We respect your privacy and permit you to control the treatment of your personal information. When you provide personal information to us, we will comply with all applicable laws. By visiting the Website and using the Services, you agree that we can use such data in accordance with our Privacy Policy here https://adventurepatches.com/.

11. Severability

If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12. Termination

Notwithstanding any of these Terms of Use, we reserve the right to terminate your access to the Website, Content or Services if you are in serious or repeated breach of these Terms of Use.

13. Notice

All notices under these Terms of Use must be in writing and sent by email. Your email notice to us should be sent to adventurepatches@gmail.com. Email notices to you will be sent [to the email address associated with your account].

14. Assignment

You may not assign any of your rights under these Terms of Use. We may assign our rights to any of our holding companies, affiliates, or subsidiaries, or to any successor in interest of any business associated with the Services.

15. Waiver

Any failure to exercise or delay in exercising any right, power or privilege granted pursuant to these Terms of Use shall not operate as a waiver thereof, and any single or partial exercise of any right, power or privilege shall not preclude any subsequent or further exercise of such right, power or privilege.

16. Entire Agreement

These Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person or entity and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms of Use.

17. Governing law

These Terms of Use are governed by and will be construed in accordance with the laws of the State of Utah, United States of America.

18. Dispute resolution

18.1 In the event of any dispute, controversy or claim arising out of or relating to these Terms of Use or your use of the Website, Content or Services, you shall attempt in the first instance to resolve such dispute through friendly consultations.

18.2 In the event such dispute is not resolved through consultations within thirty (30) days after the date such consultations were first requested in writing, then you or we may submit the dispute to any court with competent jurisdiction in the State of Utah.