Terms of service

Thank you for using YouPatch! 

YouPatch’s products and services are provided by YouPatch, Pty Ltd. These Terms of Service ("Terms") govern your access to and use of YouPatch’s website, products, and services ("Services"). Please read these Terms carefully, and contact us if you have any questions.

By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy.

Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. YouPatch may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

YouPatch Accounts

In order to access some features of the Service, you will have to create a YouPatch Account. We care about the security of our users. While we work to protect the security of your content and account, YouPatch cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify YouPatch immediately of any breach of security or unauthorized use of your account.

You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

Your Content 

YouPatch allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on our Sevices is referred to as "User Content." You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; and you license to YouPatch all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Service pursuant to these Terms.

You further agree not to submit User Content that:

• is sexually explicit or pornographic;
• creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• violates, or encourages any conduct that violates laws or regulations;
• contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
• infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• is fraudulent, false, misleading, or deceptive. 

Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make YouPatch more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, YouPatch does not waive any rights to use similar or related feedback previously known to YouPatch, or developed by its employees, or obtained from sources other than you

Indemnity 

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouPatch, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s or attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

More simply put:

If we are sued because of something you do on YouPatch, you have to pay our costs. 

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Victoria, Australia.

Our Services are controlled and operated from Australia, and we make no representations that they are appropriate or available for use in other locations.

Account Termination Policy

1. YouPatch will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
2. YouPatch reserves the right to decide whether User Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. YouPatch may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user's account for submitting such material in violation of these Terms.

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. 

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Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by YouPatch without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy, Copyright Policy and any amendments and any additional agreements you may enter into with YouPatch in connection with the Services, shall constitute the entire agreement between you and YouPatch concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and YouPatch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

More simply put:

These three passages (above) are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including YouPatch. 

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