Privacy Notice
Effective Date: July 1, 2018
Notice Version: 1.0
Data Controller Contact Information
Patriot Lens LLC
Houston, TX 77082
[email protected]
This document governs the privacy notice of our mobile app. Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our mobile app.
Our Security Policy
We have built our mobile app using industry-standard security measures and authentication tools to protect the security of your PD. We also maintain technical and physical safeguards to protect your PD. When we collect your credit card information through our mobile app, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our mobile app and to not share it with anyone. You should always log out of our mobile app when you finish using it.
Your Rights
When using our mobile app and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. These rights only apply if we are collecting personal data from you. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:
You have the right to be informed about the personal data we collect from you, and how we process it. You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data. You have the right to have your personal data corrected if it is inaccurate or incomplete. You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it. You have a right to ‘block’ or restrict the processing of your personal data. When your personal data is restricted, we are permitted to store your data, but not to process it further.
You have the right to request and get your personal data that you provided to us and use it for your own purposes. We will provide your data to you within 30 days of your request. To request your personal data, please contact us using the information at the top of this privacy notice. You will have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy. You have the right to object to us processing your personal data for the following reasons.
Definitions
‘Non-personal data’ (NPD) is information that is in no way personally identifiable.
‘Personal data’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data.
A “member” or “user” is someone who has registered to download our mobile app and use our services or buy our products.
Topics Covered in Our Privacy Notice:
Information We Collect
Our Use of Cookies
How Your Information Is Used
Retaining and Destroying Your PD
Updating Your PD
Revoking Your Consent for Using Your PD
Protecting the Privacy Rights of Third Parties
Do Not Track Settings
Links to Other Websites
Protecting Children’s Privacy
Our Email Policy
Use of Your Credit Card
Transferring Personal Data from the European Union
Changes to Our Privacy Notice
Information We Collect
Generally, you control the amount and type of information that you provide to us when using our mobile app.
Our Legal Basis for Collecting and Processing Your Personal Data (PD)
Our legal basis for collecting and processing your PD when you download our mobile app or buy our products or services is based on the necessity for the performance of a contract or to take steps to enter into a contract.
What Happens if you Don’t Give Us Your Personal Data (PD)
If you do not provide us with enough PD, we may not be able to provide you with all the features of our mobile app.
We collect your PD in the following ways:
Automatic Information
We automatically receive information from your browser or mobile device. This information includes the name of the website from which you entered our mobile app, if any, as well as the name of the website you’ll visit when you leave our mobile app. This information also includes your IP address and the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your operating system, and data about your activity when using our mobile app. We use all this information to analyze trends among our users to help improve our mobile app.
At User and Member Registration
When you register as a user or member, we collect your name, email address, and other information listed.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed.
Our mobile app may use in app forms. The information you enter into these in app forms may contain PD.
Our Use of Cookies
Our mobile app uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites or mobile apps. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies, you are giving us, and third parties we partner with, permission to place, store, and access some or all the cookies described below on your mobile device.
Strictly Necessary Cookies
These cookies are necessary for proper functioning of the mobile app, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our mobile app correctly or at all.
Performance Cookies
These cookies collect information about the use of the mobile app, such as pages visited, traffic sources, users’ interests, content management, and other measurements.
Functional Cookies
These cookies enable the mobile app to remember a user’s choices – such as their language, user name, and other personal choices while using the mobile app. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos while using the mobile app.
Media Cookies
These cookies can be used to improve a mobile app’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements to you that are related to your interests. You will see less advertising if you disable these cookies.
Session Cookies
These cookies allow mobile apps to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they use a mobile app. Session cookies also permit users to be recognized as they navigate a mobile app so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
Persistent Cookies
These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a website (or, in some cases, across different websites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a mobile app or to target advertising to them.
We may also use cookies for:
Most browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our mobile app correctly or at all.
Web Beacons
We may also use a technology called web beacons to collect general information about your use of our mobile app and your use of special promotions, emails, or text messages. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails and use our services. Web beacons also help us to understand the behavior of our customers and visitors.
Google Ad and Content Network Privacy Notice
Third-party vendors, including Google, use cookies and other technologies to serve ads to our mobile app. Google's use of these technologies through AdMob enables it and its partners to serve ads to our users based on their visits to our mobile app and other websites on the Internet. Users may opt out of seeing personalized ads by visiting https://support.google.com/ads/answer/2662922?hl=en
Google Analytics Privacy Notice
We use Google Analytics to collect information about the use of our mobile app. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our mobile app, what pages they visit, and other information. We use the information we get from Google Analytics to improve our mobile app. Google Analytics collects only the IP address assigned to you on the date you visit our mobile app, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
How Your Information Is Used
We use the information we receive from you to:
Communications and Emails
When we communicate with you about our mobile app, we will use the email address you provided when you registered as a member or user. We may also send you emails with promotional information about our mobile app or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by sending us an email with your request to: [email protected]
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. We may provide your PD to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
We also share your information with third parties by using an Application Program Interface “API.” Such third parties may include but are not limited to Facebook, LinkedIn, Twitter, YouTube.com and Google.com. This sharing of information helps us provide you with a better experience when using our mobile app and services.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or another legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the mobile app to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Retaining and Destroying Your (PD)
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.
Updating Your (PD)
You can update your PD using services found on our mobile app. If no such services exist, you can contact us using the contact information found at the top of this notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
Revoking Your Consent for Using Your PD
You have the right to revoke your consent for us to use your PD at any time. Such an opt out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, send us an email with your request to: [email protected]
Protecting the Privacy Rights of Third Parties
If any postings you make on our mobile app contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
Do Not Track Settings
Some web browsers have settings that enable you to request that we do not track your movement within our mobile app. Our mobile app does not obey such settings when transmitted to and detected by our mobile app. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Links to Other Websites
Our mobile app may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
Protecting Children’s Privacy
Even though our mobile app is not designed for use by anyone under the age of 16 (child), we realize that a child under the age of 16 may attempt to access our mobile app. We do not knowingly collect PD from children under the age of 16. If we discover that a child is accessing our mobile app, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
Our Email Policy
You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
Use of Your Credit Card
You may have to provide a credit card to buy products and services from us. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Transferring Personal Data from the European Union
(PD) that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically the United States. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogations for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your PD may be transferred outside the European Union to the United States and other countries. We will use your PD to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our mobile app, website, services, or products, you agree to the transfers of your PD described within this section.
Changes to Our Privacy Notice
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our mobile app so that our users and customers are always aware of what information we collect, use, and disclose. If at any time, we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise, we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our mobile app, services, and products after any change to this privacy notice will constitute your acceptance of such change.
Questions About Our Privacy Notice
If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice.
Copyright © Orion Systems. This document or any portion of it may not be copied or duplicated without a license from http://www.DisclaimerTemplate.com
Terms and Conditions
Patriot Lens
Houston TX 77082
[email protected]
Effective Date: July 1, 2018
This page represents a legal document and is the Terms and Conditions (Agreement) for our Mobile Application; hereinafter referred to as “Mobile App.” By using our Mobile App, you agree to fully comply with and be bound by the following Agreement each time you use our Mobile App. Please review the following terms carefully.
Definitions
The terms “us”, “we”, and “our” refer to the owner of the Patriot Lens Mobile App. A “Member” or “User” is someone who has registered with us to use our Mobile App.
All text, information, graphics, design, and data offered through our Mobile App and Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members or Users as “Member Content”.
Acceptance of Agreement
This Agreement is between you and Patriot Lens.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING OUR MOBILE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Patriot Lens and supersedes all other Agreements, representations, warranties, and understandings with respect to our Mobile App, Services, and the subject matter contained herein.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and available in our Mobile App. You must review our Privacy Notice by clicking on this https://tos.rocksaucestudios.com/patriot-lens. If you do not accept and agree to being bound by all the terms of this Agreement, including our Privacy Notice, do not use our Mobile App or our Services.
Arbitration
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Houston, Texas necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Houston, Texas, and will be governed by and construed in accordance with the laws of the state of Texas without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Eligibility and Registration for Membership
To use our Mobile App and Services you must register to become a Member. Your Membership is not transferable or assignable. Our Mobile App and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Mobile App by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Mobile App and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Patriot Lens has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.
Harassment by Other Members
If you believe that any Member of our Mobile App is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us
Limited License
Patriot Lens grants you a nonexclusive, nontransferable, revocable license to access and use our Mobile App and Services strictly in accordance with this Agreement. Your use of our Mobile App and Services are solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Mobile App, Content, Services, and any software provided therein.
Our Intellectual Property
Our Mobile App may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Mobile App or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Patriot Lens.
Our Content, as found within our Mobile App and Services, is protected under the United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Mobile App and Services does not grant you any ownership rights to our Content.
Content Disclaimer
Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Mobile App. Members are responsible for their own content where applicable and may update their Content at any time without notice and at their sole discretion.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Mobile App will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Mobile App will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Mobile App or Services at any time.
Merchant and Advertisement Disclaimer
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We
are not a party to the transactions entered into between you and Merchants.
You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR MOBILE APP.
All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.
Warranty Disclaimer
Patriot Lens is not responsible or liable in any manner for any content posted in our Mobile App or in connection with our Services, whether posted or caused by Members of our Mobile App, or by Patriot Lens. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Mobile App or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Mobile App or Services. Patriot Lens is not responsible for the online or offline conduct of any User of our Mobile App or Services.
Our Mobile App or Services may be temporarily unavailable from time to time for maintenance or other reasons. Patriot Lens 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 Member communications.
Patriot Lens is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Mobile App or Services, including without limitation any software provided through our Mobile App or Services.
Under no circumstances will Patriot Lens be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Mobile App or Services, or any interactions between Users of our Mobile App or Services, whether online or offline.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR MOBILE APP ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR MOBILE APP AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
Patriot Lens, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR MOBILE APP OR SERVICES. Patriot Lens CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR MOBILE APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Patriot Lens DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR MOBILE APP, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR MOBILE APP OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Patriot Lens.
OUR MOBILE APP AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR MOBILE APP OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Patriot Lens, as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Mobile App or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Mobile App or Services, (d) your use of our Mobile App our Content, (e) the Content contained on our Mobile App or Services, or (f) any delay or failure in performance of our Mobile App and Services beyond our control.
IN NO EVENT WILL Patriot Lens OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR MOBILE APP, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR MOBILE APP OR SERVICES, EVEN IF
Patriot Lens IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Patriot Lens’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 US FOR
OUR MOBILE APP AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Member Conduct
Members may post their content to our Mobile App through our Services (Member Content). Members understand that by using our Mobile App or Service they may be exposed
to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Patriot Lens is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, Patriot Lens will submit all necessary information to relevant authorities.
If any Member Content is reported to Patriot Lens as being offensive or inappropriate,
we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Patriot Lens. If the Member fails to meet such request,
Patriot Lens has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member you agree not to use our Services to do any of the following:
Ownership, Copyrights and Licenses
You will retain the copyrights to content you post or upload to our Mobile App. However, you agree to grant Patriot Lens a nonexclusive, irrevocable, royalty-free, worldwide license to use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. Patriot Lens will hold this license indefinitely. You also agree that you do not have any claim to any intellectual property or derivative work based on your content produced by Patriot Lens.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Links to Other Websites
Our Mobile App may from time to time contain links to third-party websites. The inclusion of links to any website on our Mobile App does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Patriot Lens has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Refund and Return Policy
We have no refund policy at this time.
Termination of Membership
Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered Member. You must uninstall our Mobile App, delete or destroy any information or content (including all copies) obtained from our Mobile App. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Mobile App or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our Mobile App. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Mobile App, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Mobile App, Services, and Products.
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