LEGAL NOTICE
PREVIOUS INFORMATION
IMPORTANT Please read carefully the following terms and conditions of use (hereinafter only referred to as “Terms”) that regulate the use (including access, browsing, use of interactive features, credits, purchase and ordering of products and services) of the Patagonia Interactive website (hereinafter only referred to as Patagonia Interactive), accessible through Patagonia Interactive. com (the Website), Patagonia Interactive mobile website (the Mobile site) as well as any other Patagonia Interactive website or Patagonia Interactive associated websites accessible through the Patagonia Interactive website or other Patagonia Interactive promotional websites such as those commonly called Patagonia Interactive operated mini sites or social networking services pages or by third parties, aimed at consumers worldwide, together with the site, the app, the mobile site which are jointly called “the sites” or “the websites”.
The application of these Terms includes those portions of the Patagonia Interactive website or mobile site that are accessed through entering Patagonia Interactive.com or in the multiple “sites” thereof, then placing your cursor on the Spanish, English, French or Portuguese option using flags representing countries where those languages are predominant and from the list that is displayed above the option of your choice.
Use of the Websites is subject to the Terms, which are legally binding between you and Patagonia Interactive. By using the sites, you indicate your understanding and agreement to abide by the Terms. Patagonia Interactive reserves the right to change the Terms at any time. Changes will be posted on the Sites, and your continued use of the Sites constitutes your acceptance of the changes to these Terms.
ACCEPTANCE OF TERMS
These Terms regulate the use of the services of the society and the information that Patagonia Interactive makes available to users of the Internet network through the WEBSITES. The use of the Websites is subject to these legally binding Terms and implies the acceptance of them, as well as the acceptance of our “Conditions of Use and Purchase” and our “Privacy Policy and Cookies Policy”, and the obligation to act in accordance with all of them. Patagonia Interactive reserves the right to change the Terms, its Privacy Policy and Cookie Policy, as well as Conditions of Purchase at any time. Any changes will be posted on the Websites and you agree to accept such changes by simply using the Websites after a notification within the sites, a notification that Patagonia Interactive will determine for a reasonable period of time not determined to be made through the sites. Without prejudice to the diligence employed in the preparation and elaboration of the contents of the Websites, there may eventually be inaccuracies or errors, of which Patagonia Interactive does not assume legal responsibility except its obligation to proceed to correct or eliminate them.
SITES
Access to the Patagonia Interactive Sites is free, except for the cost of connection through the telecommunications network provided by the access provider that the user has contracted.
The use of certain services and products available on the Sites will require the complete information of the corresponding registration forms by the user, as well as the acceptance of the Privacy Policy and Cookies Policy of Patagonia Interactive.
The user accepts, expressly and without reservation, that access and use of the Sites, is done under their sole and exclusive responsibility, and undertakes not to use the Sites for fraudulent purposes, as well as not to carry out any conduct that could damage the image, interests and rights of Patagonia Interactive or third parties. Likewise, the user agrees not to carry out any act with the aim of damaging, disabling or overloading the Sites, or to prevent, in any way, the normal use and operation of them.
The user is informed that in the event of breach of the content of these Terms, the Privacy Policy, the Cookie Policy and the Conditions of Use and Purchase or any other particular terms or conditions contained in the Sites, Patagonia Interactive reserves the right to limit, suspend or terminate your access to the Sites, taking any technical measures that may be necessary for that purpose.
It is now of your knowledge as user of Patagonia Interactive that it reserves the right to, at all times, decide on the continuity of the information society services that it provides through the Sites.
It is forbidden to establish links to the Sites, unless this has been previously authorized by Patagonia Interactive.
The Sites may include technical linking devices that allow the user to access third-party websites (hereinafter only referred to as the “Linked Sites“), likewise Patagonia Interactive will link directly to the Patagonia Interactive.com Site for different functions thereof. In the event that the Sites authorize a link to a third party, Patagonia Interactive will act as a provider of intermediary services, Patagonia Interactive would not be responsible for the services and content provided through the Linked Sites, unless it has effective knowledge of the illegality and has not disable the link with due diligence. Patagonia Interactive does not endorse any sites, goods or services offered by such linked sites.
In the event that the User considers that there is in the Sites or in the Linked Sites illicit, harmful, degrading, violent or inappropriate content, they will be able to put it in knowledge of Patagonia Interactive through the following email address: [email protected]. Nevertheless, the above mentioned knowledge in no case will involve the obligation of Patagonia Interactive to withdraw the corresponding link, nor does it necessarily suppose the effective knowledge of Patagonia Interactive of the illegality of the contents of the Site or Linked Site. Patagonia Interactive takes measures to ensure the accuracy of the information on the Sites. However, it is not responsible for errors or omissions in the content of the Linked Sites and does not ensure the accuracy, completeness or timeliness of its information. The information on the Sites is subject to change that can be made at any time and without prior notice.
PROPERTY RIGHTS
All Patagonia Interactive companies in the world (hereinafter only referred to as Patagonia Interactive) own all rights, titles or interests in and for the Sites (Patagonia Interactive.com website, Patagonia Interactive mobile website, linked sites, social networks, etc.) and/or the applications thereof (including those of the web pages of social networks) and the contents thereof (sui generis right on the database), their graphic design (look & feel), the underlying computer programs (including source codes), as well as the different elements that make up the Websites (texts, graphics, photographs, videos, sound recordings, etc.), as well as the design and execution techniques and development of the products and services that are made available of the user, consumer and/or buyer.
Patagonia Interactive owns all copyrights in all material on the Sites, products, or services or has been duly authorized by a third party to use such material on the Sites. Patagonia Interactive also owns all trademarks, trade names, service names, logos, or domain names used on or linked to the Websites or is otherwise authorized to use such material. Any modification or use of the materials of the Sites, products or services for any other purpose not explicitly authorized, constitutes a violation of Patagonia Interactive ‘s copyright and other property rights.
The use of the Sites, products or services by the user, buyer or customer and users does not suppose the transfer in their favor of any intellectual and/or industrial property right on the Sites, products or services, on their contents and/or on the distinctive signs of Patagonia Interactive. For this purpose and in accordance with these Terms, no part of the Sites, products or services may be copied, reproduced, republished, downloaded, published on the Internet, transmitted or distributed in any way, whatever it may be, without prior consent in writing from Patagonia Interactive. This prohibition also includes the modification of any content on the Sites by any means, as well as the creation of unauthorized links.
Patagonia Interactive makes all its users, customers or buyers a COUNTERFEIT WARNING, the only means to acquire genuine Patagonia Interactive designs, products, and services are through its Sites, other authorized and physical stores thereof, which will always be detailed in this Website. Customers, users or buyers should be careful with imitations, counterfeits that are sold in unauthorized channels.
DISCLAIMER-LIMIT OF LIABILITY
The user, buyer or customer must know that communications through open networks are exposed to a plurality of threats that make them unsafe. It is the responsibility of the user to adopt all the appropriate technical measures to reasonably control these threats and, among them, to have updated systems for detecting malicious software, such as viruses and many others, as well as to have the security measures of the corresponding browsers updated. The use and browsing of the Sites are under your responsibility. Neither Patagonia Interactive nor any other party representing Patagonia Interactive or its subsidiary in the creation or presentation of the Sites is liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages resulting from your use of the Sites. In relation to the scope permitted by law and without prejudice to the foregoing, everything contained in the Sites is provided as is, without any warranty, whether explicit or implicit, of any kind, including, but not limited to, the warranties of merchantability, suitability for a specific purpose, absence of viruses, or non-infringement. Since some jurisdictions do not allow limits on implied warranties or limit liability for incidental or consequential damages, the above limitations may not apply to you, please check your local laws.
The requested information that the user can send to Patagonia Interactive by email to register or enroll, purchase products and/or send the corresponding questions to the Sites, if applicable, is subject to our Privacy Policy and will be treated in accordance with it.
OPINIONS AND COMMENTS
All opinions, comments and other information sent, including ideas, concepts, techniques, knowledge and the like, will not be treated as confidential by Patagonia Interactive and it may use those materials in the way it deems appropriate. For more information on this matter, please see our privacy policy.
Except as mentioned in this Agreement or on the sites, anything you submit or post on the sites and/or submit to Patagonia Interactive, including, without limitation, ideas, knowledge, techniques, questions, comments, criticisms, and suggestions (collectively, “Shipping”) is and will be treated as non-confidential and non-proprietary, and Patagonia Interactive will have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, rent, transmit, adapt, create derivative works of those Submissions in any way and in any form, and to translate, modify, disassemble or decompile such Submissions.
All Submissions will automatically become the sole and exclusive property of Patagonia Interactive and will not be returned to you. In addition to the rights applicable to any Submission, by submitting comments or criticisms to the Sites, you also grant Patagonia Interactive the right to use the name that is submitted together with any criticism, comment, or other content, if any, in relation to those criticism, comments, or other content. You represent and warrant that you own or control all rights to the comments, criticisms, and other content that you post on the Sites and that Patagonia Interactive‘s use of your reviews, comments, or other content does not infringe or violate the rights of third parties. You cannot use a false email address, try to be someone other than you, or mislead Patagonia Interactive or third parties as to the origin of any Content or Submission. Patagonia Interactive may, but is not obligated to, delete or edit any Submission (including criticism or comments), for any reason.
NO WAIVER
The fact that Patagonia Interactive does not enforce any part of these Terms will not constitute the waiver of any of the rights of Patagonia Interactive mentioned in this legal notice derived from past or future actions.
JURISDICTION
Any controversy related to the content or use of the Sites will be governed by the laws of the United States and in terms of jurisdiction and place, only the courts of the United States will be competent to settle any type of claim.
FORCE MAJEURE
The fulfillment by Patagonia Interactive of all or part of its obligations will be suspended in the event of a fortuitous event or force majeure that prevents or delays the fulfillment.
They will be considered as such, in particular, without this list being limiting: war, riots, social unrest, strikes of any nature and supply problems not attributable to Patagonia Interactive.
Patagonia Interactive will inform the customer, of the fortuitous event or force majeure within 15 calendar days after its occurrence. In the event that this suspension is extended beyond a period of one month, the customer would then have the possibility of suspending their order in progress and then proceed to their reimbursement under the conditions that will be indicated by email depending on each particular case.
GENERAL CONDITIONS OF SALES.
Selling Party: For the purposes of these Terms and Conditions: Patagonia Interactive. (hereinafter only referred to as Patagonia Interactive), Quantum Data LLC, 2915 Ogletown Road #2478 NEWARK DE19713, USA.
Customer-Consumer: Any natural or legal person who acquires products or services from Patagonia Interactive and who acts in a non-profit-making manner in an area outside of a business or professional activity. However, any reference made to the Customer will be understood to be made also to the Customer-Consumer, unless expressly stated otherwise or when they are contrary to the regulations on consumer protection. By which the text of the General Law for the Defense of Consumers and Users and other complementary laws of the United States is approved.
Patagonia Interactive Digital standard products: The Patagonia Interactive Digital standard products, (hereinafter only referred to as E-books), which usually appear in our web catalog, and do not require additional manufacturing or assembly processes, are only digital products sent by e-mail, downloadable and only for personal and non-commercial use, to which all the terms of disclosure and restrictions set forth in these terms and conditions apply.
Prices The sales price of products and licenses that is considered agreed for an order is the one in force on our website or the one that appears in our web catalog. In case of writing, printing or calculation errors we reserve the right to withdraw from the transaction.
Categories that may apply to Patagonia Interactive‘s E-bboks Products: The topics related to E-books that usually appear in our web catalog, can be variable and considered not real or fictitious concepts that are for entertainment, as well as real topics that extend information to different concepts that are for informational use, and they are subject to the terms and conditions above. The topics that you can usually find in our web catalog are Sports, Fashion, Music, Beauty, Well-being, Spirituality, Astrology, Tarot, Information, General Culture, Food and Recipes, Jewelry, Precious Stones, Health, Stories, among others.
ORDER FOR ITEMS
Orders will be processed in the languages that the website allows the customer, user or buyer, and in the ways that the sites allow them to do so.
The photographs, graphics and descriptions of the products proposed for sale are only indicative and customers, users or buyers are expressly informed that some items may appear a little larger or smaller than the actual size due to the default screen configuration and photography techniques or audiovisual media. Other items may be depicted larger than actual size, in order to clearly show details, or smaller than actual size in order to show the entire product.
PRICES AND CONVERSION CURRENCY
All the prices that appear in the sites are in some countries in their local currency, and in others in US dollars, according to the information and choice or tracking of the country where the user accesses the sites. For international orders, the bank that issued your credit/debit card determines the exact exchange rate you will be charged. The amount taken from the original source of payment is returned in full when returned by the seller. Please note that we cannot be responsible for possible discrepancies caused by fluctuations in the exchange rate. In order to determine an estimated exchange rate for your currency, we recommend using an online currency converter.
PAYMENT OPTIONS
The Patagonia Interactive Sites accept different means of payment, which may vary according to your country, so we ask you to review such information before making your payment.
Such payment methods may change at any time without the need for authorization or notification to users or customers of The Patagonia Interactive Sites.
PAYMENT TERMS
The payment of the customer, user or buyer purchases, is made by credit card, transfer or any other method that the website provides at the time of selecting the product, item or service of interest.
The payment will be charged at the time of order preparation. For this purpose, the customer, user or buyer must provide all the information and personal data that Patagonia Interactive requests and will safeguard all the banking or credit information necessary to make the payment effective, with the aim of avoiding fraud, however Patagonia Interactive is not responsible for the fraudulent use of your information and means of payment used by third parties.
INTERNATIONAL TRANSACTION FEE
Patagonia Interactive is a United States operated company based in United States. If you are shopping outside of United States, your bank or credit card company may charge you a fee that may even show as being charged by Patagonia Interactive. This fee is not charged by Patagonia Interactive as it is charged directly by your bank or intermediary because you are buying something outside your country of origin. We cannot refund this fee as it is not charged by Patagonia Interactive. Please contact your credit card provider, bank or intermediary regarding this charge.
We take many active measures to ensure the absolute security of your credit card and personal information. In addition to processing all credit card sales through a fully secure and reputable third-party payment processor, the payment experience is protected by industry standard to safeguard your private data.
TAXES
Please note that Patagonia Interactive does not collect taxes that in some countries are mandatory by governments and that Patagonia Interactive does not benefit from them in any way.
The advertised prices do not include the fees, taxes that may be generated in the purchase country of origin.
If the product or service purchased in Patagonia Interactive generates taxes to be paid, Patagonia Interactive is not responsible for making such information known, the customer, buyer or user must ensure that the shipping company of their choice provides such information to personal data and contact details you provide to Patagonia Interactive. Likewise, Patagonia Interactive does not authorize returns of the product or the price paid for the non-release of the product for the taxes, expenses or fees not paid by the user, customer or buyer that are generated.
PRICES
The prices indicated are communicated only as an indication and have no contractual value. These prices correspond to those recommended and established by Patagonia Interactive in all its stores and are subject to change and modification without prior notice. Regarding the products and services presented on the Patagonia Interactive website, the prices indicated correspond to the characteristics duly identified in each product or service.
The prices of products and services do not include shipping costs, if applicable, noting that the shipping service is provided by companies outside of Patagonia Interactive, costs that are borne by the user, buyer or customer, unless visibly advertised free shipping promotions on The Patagonia Interactive Sites.
For the purchase of Patagonia Interactive products and services, it will be the user, buyer or customer who chooses the shipping company and the method thereof, if the Patagonia Interactive Sites offer the option, otherwise it is understood that they expressly accept the choice of Patagonia Interactive which implies that you accept the terms, service and costs that could be generated if the free shipping is not promoted.
SHIPPING AND VERIFICATION
If applying shipping to the purchase you made, please make sure the correct billing address and contact information is entered as it appears on your bank or credit card statement. Transactions may not be authorized if the information entered does not exactly match what your bank or credit card provider has on file. Some transactions may also be considered for further verification by our customer service team. Be sure to also enter the correct shipping address, if applicable, (street number and name, city, state, and zip code and any other information you deem necessary to locate your address and make a successful shipment) as we are not responsible for packages that are sent to the wrong address when the address information is not entered correctly, making it clear that we will not reship or refund the purchase, as providing the correct shipping address corresponds to the user or customer.
SHIPPING (If your product is physical)
i. TRACKING YOUR ORDER
Once your payment has cleared, you will receive an e-mail when your order has been processed (this can take up to 96 hours). You will receive a confirmation by second e-mail once your order has been shipped, which will include your tracking number and a link to track your package, if applicable. If there is a problem with your tracking number or delivery package, please contact the courier directly before contacting us. Please allow 1-4 days for the tracking information to display. In some rare cases, the tracking information cannot be updated, but you will still receive your order.
ii. INTERNATIONAL TAXES AND OBLIGATIONS
International customers are responsible for paying entry duties, taxes and any other charges that the local Customs authority deems appropriate. These commissions are paid to your local provider or government and are not collected by Patagonia Interactive, and therefore cannot be refunded.
We ship packages with unpaid duties and taxes, which means that these charges are not included in the price of the products you purchase from Patagonia Interactive sites. All applicable fees must be paid by the buyer in order to receive the package. As we are not able to advise the amount of what these fees could be, we recommend that you contact your country’s customs office or tax agent for the respective charges and fees on a package that comes outside of your country.
Take into account that DHL in some services pays on your behalf for the duties and taxes that are due to the goods, as soon as they enter the country. This simple process ensures that the courier can deliver your package in the shortest possible transit time. Products are released for use only in full refund of duties and taxes that were paid on your behalf. On some occasions, you may receive an invoice from DHL after the delivery of the goods, for the fees that have been paid on your behalf at the destination, plus a small administration fee, this if it applies to the purchase of your product or service.
iii. INCORRECT ADDRESS
It is the buyer’s responsibility to ensure that he or she provides the correct shipping address, if applicable to the purchase of their product or service. We do our best to expedite processing and shipping, there is no opportunity to cancel / change your order or change your order address. Additional shipping costs: If the package is returned to us due to an incorrect address and you want a refund, you will not be refunded.
Delivery can only be made to permanent addresses of users, it is understood that it cannot be delivered to hotels, professional addresses, or post office boxes.
iv. DELIVERED BUT NOT DELIVERED
All our shipments include tracking with delivery confirmation. If the tracking information confirms that the item has been delivered to your order address, but you have not received your order, please contact your local DHL affiliated postal services in order to investigate this issue. We cannot be responsible for packages where the tracking information states the package has been delivered to your order address.
Patagonia Interactive is not responsible if a third person outside the user receives the product or service on their behalf, as well as the delivery times thereof.
v. INSURANCE
Patagonia Interactive makes known that the days of receipt of the product or service may vary depending on the company of your choice, likewise that the insurance policies of the product vary depending on the method and company of your choice, and clearly warns you that no product is insured by Patagonia Interactive but by the shipping company of your choice or that expressly accepted if Patagonia Interactive offers free shipping in some cases, it should be noted that certain shipping methods and companies do not have product or service insurance, in such cases Patagonia Interactive is not responsible for reimbursement of the price paid for loss of the product in the shipment as it is outside the shipping companies. Likewise, Patagonia Interactive is not responsible for the collection of insurance in the specific and exceptional cases in which your shipment if it is insured with the shipping company, such procedures must be carried out by the buyer, user or customer.
Patagonia Interactive is not responsible if the external appearance of the package is not perfect, as it is the attribution of the shipping service and the postal service safeguard its integrity.
RETURN OR EXCHANGE POLICY
Patagonia Interactive accepts items for credit for other Patagonia Interactive products or items or exchange for another item or product of the same class, no money back, if they are returned with the policy detailed below and if the Terms described above have not been breached.
Patagonia Interactive allows customers, users or buyers who are not satisfied with the articles or services to exercise their right of return or exchange. In the event that the customer, user or buyer wishes to exercise their right, they must do so within 7 days after receiving the digital or physical product, item or service, which will be checked with the shipping company of their choice, under the following process.
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- Notify Patagonia Interactive in writing by email [email protected] indicating the reasons for which you have decided to exercise your right. The customer, user or buyer who has bought two or more products, articles or services, can request a partial refund, clearly establishing the amount to be reimbursed for the product or service that they wish to exercise their right of return or exchange.
- Refund for reasons of: Product not received or Product defective or damaged (5 business days after receipt of the product) / Fraudulent or unauthorized transaction, the amount charged on the customer’s invoice is not the same as that shown on the Website and Duplicate Charges (5 days after notification of charge).
- The only acceptable causes are receipt of a product other than the one requested, notorious poor condition of the product, item or service.
- The customer, user or buyer, will assume the burden of proof of return, if applicable, which means that the items must be returned by registered shipment or by any means that proves a certain date. The expenses and risks of the return are borne by the customer.
- This return or exchange benefit is exclusive to the customer, user or buyer and may not be exercised by the recipient of a third party.
- Any change or new delivery can only be made upon receipt of the product, item or service at Patagonia Interactive.
- The exchanged item will be inspected to see if you qualify for an exchange.
- In the event of a price difference due to the product change made, the price difference may be reimbursed by delivering a purchase voucher for the same amount.
- After a period of thirty calendar days after the remote receipt of the product, article or service, Patagonia Interactive reserves its right to reject your request for a return or exchange.
Patagonia Interactive reserves the right to reject more than two successive returns or exchanges for the purchase of items, products or services purchased.
TERMS OF USE
INTRODUCTION
Welcome to Patagonia Interactive in the section («Website») of Patagonia Interactive. The website is owned and operated by Patagonia Interactive (“we”).
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you accept and agree to the Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when using any of our services, you will also be subject to our guidelines, terms, conditions and agreements applicable to our services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to such services, what is in the Terms of Use applies.
The terms and conditions govern your use on this website. By using this website, you signify your full and unreserved acceptance of these terms and conditions. If you do not agree to these terms and conditions or part of these terms and conditions, you cannot use the website.
SECURITY AND PRIVACY
Please review our Privacy Policy, which also governs your visit to the website, to understand our privacy practices https://Patagonia Interactive.com/privacy-policy/. INTERNAL NOTE, BE CAREFUL THAT WHEN TRANSLATING, WE CHANGE THE LINK ACCORDING TO THE LANGUAGE
We can sell children’s products to adults who can buy them with a credit card or other available payment method. If you are under 18 years of age, you can only use the website in the presence of a parent or guardian. We have the right to decline service, close accounts, remove or edit content, or cancel orders at our sole discretion.
CONSIDERATION
You accept that these Terms of Use are supported by valuable considerations, your reception and your sufficiency in this recognized act, including, without limits, your access and use of the Website and your material data and information available on and through the Website.
WHO CAN USE THE Patagonia Interactive WEBSITE
Our website, Patagonia Interactive are not intended to attract users under 18 years of age. Only people over 18 years old are allowed to register as a member. Persons under 18 years of age may access the site for informational and educational purposes, but do not have access to member-only content on our website. Parents and guardians should instruct those under 18 not to provide personal information, including through the “Contact Us” link on our site. Parents and guardians should instruct their children under the age of 18 not to register or attempt to register as a member.
By submitting your personal information to us, you agree with the international laws and regulations of United States and with the use and exemption of your information, in accordance with our Privacy Policy.
TERMS OF USE
We really hope that you find this site, website, Patagonia Interactive, interesting, uplifting and beneficial in every way. However, for legal reasons, we are obliged to declare that Patagonia Interactive is not responsible for any loss, damage, expense or injury to any person as a result of the use or reliability of any information supplied.
SYSTEM REQUIREMENTS.
The use of certain areas of the website, Patagonia Interactive, require Internet access, audio control software or other softwares that allow the downloading and storage of audio and audio files in MP3 or other. Digital format and, for some content, a compatible sound device. Patagonia Interactive may, from time to time, at its sole discretion, modify, revise or change the system requirements for the website, Patagonia Interactive as well as the format of the contents to download, in whole or in part, without notice or liability to you.
Access to the Internet, use of the software, or use of a device, may result in fees in addition to the fees incurred on the website, Patagonia Interactive. Software and devices may require updates or maintenance from time to time. Your ability to use the website may be affected by the performance of the software, device, or internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Devices, including payment of fees for Internet access, Software and Device without resorting to Patagonia Interactive.
ELECTRONIC COMMUNICATIONS
By visiting the website, Patagonia Interactive, or sending emails to us, you are communicating with us electronically. You agree to receive electronic communications. We will contact you by email or by notes and notices on the website. You agree that all agreements, notes, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE RESTRICTIONS – LIMITED LICENSE
All content on the website (“Content”, such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations and software, is owned or owned by our licensors or licensors, and the compilation of Content on the Website is our exclusive property, protected by international copyright laws, treaties and conventions. All software used on the Website is the property of our software providers and is protected by international copyright laws, treaties and agreements.
Any trademarks, service marks, graphics, headers, icons, scripts, and trade names contained on the website are the property of us or our licensors or licensors. Our trademarks may not be used in connection with any product or service other than ours, in any way that may cause confusion among users or that denigrate or defame us or any other person. All our trademarks not owned by us, but which are on the website, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Patagonia Interactive website. No content from the website or any Internet site owned, operated, licensed or controlled by us may be copied, reproduced, republished, downloaded, posted, transferred, transmitted or distributed in any way, or sold, resold, visited, or used for any commercial purpose, except to download one copy of the Content that we make available to you for your purpose, on your personal, non-commercial computer for home use only, provided that: you keep intact copyrights, trademarks and other copyright notices; b) do not modify any content; c) do not use any content in a way that suggests an association with any of our products, services or brands; and d) do not download the content to prevent future downloads from the website. Your use of the content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any right to: resell or market the use of the Website or its content; collect and use any product lists, descriptions or prices; make any derivative use of the website or its content; download or copy account information for the benefit of third parties; or use any form of data search, robots or similar data extraction or collection tools. You cannot frame or use framing techniques to delimit any brand, content, or other confidential information, or use any Meta tags or “hidden text” using any intellectual property, without our consent or the consent of each owner in writing. Any unauthorized use automatically cancels the license of the gift granted to you. You have the limited, revocable and non-exclusive right to create a shortcut to access our site, as the link does not represent us, our licensors or licensors, or their respective products or services, in a false, misleading, derogatory or offensive manner. You may not use any of our or third party intellectual property as part of the link without our consent and the consent of the respective parties in writing.
Unless otherwise indicated, Patagonia Interactive and/or its affiliates own the intellectual property rights published on the website and materials used, all intellectual property rights are reserved.
You may view, download only to store and print pages or other site content for your personal use, subject to the restrictions listed below and in the terms and conditions.
You may not:
• Republish material from this Patagonia Interactive website, neither in print form, nor in the form of digital media or documents (including republication on another website);
• Sell, rent or sub-license material from the Patagonia Interactive website
• Present any material from the Patagonia Interactive website in public;
• Reproduce, duplicate, copy or explore material from the Patagonia Interactive website for commercial purposes.
• Edit or modify any material on the Patagonia Interactive website.
• Redistribute material from this Patagonia Interactive website – except with specific consent and expressly available for redistribution.
• Re-publish or reproduce any part from the Patagonia Interactive website through the use of frames or screen scrapers.
• Our content is specifically available for redistribution, but can only be redistributed within our organization.
• You may not use this website, Patagonia Interactive, in a way that causes or may cause damage to the website or impair the availability or access to https://Patagonia Interactive.com/ or in any illegal, fraudulent or harmful way, or in relation with any illegal, fraudulent or harmful activity or proposal.
• You may not use the Patagonia Interactive website to copy, store, receive, transmit, send, use, publish or distribute any material that consists of (or is related to) any spyware, computer virus, Trojan, worm, keystroke, rootkit or any other harmful computer program.
• You may not conduct any systematic data collection or receipt activity on this website or related to this website, Patagonia Interactive. This includes: scraping, data search, data exploration, data collection, ‘faiming’ (ifames), Article ‘Spinning’.
• You may not use this Patagonia Interactive website or any part of it to transmit or send unsolicited commercial communications. You may not use this website for any marketing related purpose without written consent.
RESTRICTED ACCESS
Access to certain areas of this website by Patagonia Interactive is restricted. Patagonia Interactive reserves the right to restrict access to certain areas of this website, or at its discretion, the entire website.
Patagonia Interactive will give you a password and user account so that you can access and use certain areas of the site. Each user who uses this granted password and user account must be authorized by you to access and use the Patagonia Interactive website, and Patagonia Interactive has no obligation to investigate the authorization or source of such access or use. You acknowledge and agree that between you and Patagonia Interactive, you are solely responsible for all access and use of the Patagonia Interactive website made by anyone using the password and user account assigned by you, such access and use of the website being from Patagonia Interactive, authorized or not by you, including all communications and transmissions and all obligations (including financial obligations for purchases through the website) that may result from such access or use.
You are solely responsible for protecting the security and confidentiality of the password and user account designated to you. You must immediately notify Patagonia Interactive of any unauthorized use of your password or username, or any breach or threat of breach of website security of which you become aware.
You will be responsible for any activity conducted under your password or username.
If Patagonia Interactive provides you with a username and password to access restricted areas of the website or other content or services, you must ensure that your username and password remain confidential. Only you are responsible for the security of your password and username. Patagonia Interactive may deactivate your username and password at Patagonia Interactive‘s discretion without prior notification or explanation.
EXEMPTION OF THERAPEUTIC AND MEDICAL LIABILITY
The results of the techniques promoted on this website, Patagonia Interactive cannot always be guaranteed.
The information provided on the websites is for informational purposes only and is not intended or implied to serve as medical or therapeutic guidance, diagnosis, or treatment. You should not use this information to diagnose or treat any question of health, illness or disease. The sites do not provide any medical or therapeutic guidance. If you have or suspect that you have any health or therapeutic problems, you should consult a doctor or therapist.
The content of the website, Patagonia Interactive, is presented “as is”, without warranty of any kind, explicit or implicit. Limited to the maximum extent permitted by applicable law, we disclaim any liability, explicit or implicit, including, but not limited to, express warranties of merchantability, fitness for a specific purpose and without infringement. We do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the website or servers that make such content available will be free of viruses or other harmful components, and you assume all the necessary cost for the repair and correction service of any of your equipment or software. We make no representations or warranties regarding the use, results of use, any content, product or service contained or offered through the site or related to the Patagonia Interactive site, including without limitation any third party site or service related to the website (specifically no representation or warranties of correctness, accuracy, completeness, reliability or security).
We explicitly disclaim any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites linked to the website, Patagonia Interactive. We cannot assure your satisfaction with any product or service that you purchase from a third party website, which is linked to our website, or third party information, content or materials contained on our website. We do not endorse any offer or take any measure to confirm the accuracy, completeness, or reliability of any information, content, or materials contained on third-party websites. We make no representations or warranties regarding the security of any information, content, or materials (including, without limitation, credit card and other personal information) that may be required by third parties. You, by this agreement, irrevocably waive any claim and cause of action against us with respect to the information contained and materials contained in the website, Patagonia Interactive (including, without limitation, content generated by the user), of third-party sites , and any contained information and materials provided by you through third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make any investigation you deem appropriate before proceeding with any online or offline transaction with third parties.
The website, Patagonia Interactive / services contained therein are not substitutes for the advice and treatment of a health professional. Not all products and services are appropriate for everyone. The creators of any product / service do not assume, and will not have, any liability on the users regarding loss and damage with respect to them. We make no representations or warranties and we expressly disclaim any responsibility for any treatment or action following the information offered or provided on or through our website. If you have specific questions or a situation that requires medical or professional follow-up, you should consult an appropriately qualified specialist, such as a psychologist, doctor, or other health professional. Never stop seeking advice from a psychologist, doctor or other health professional, or be late in seeking such advice, based solely on the information offered and provided on or through our website.
Due to the fact that any weight loss or health-related complications may result, Patagonia Interactive asks that you have a medical examination before using any weight loss related product or service. By using any product or service, you assume all risk. Any recommendations for changes in diet, including the use of dietary supplements, products for weight reduction and / or muscle mass gain are entirely your responsibility and you should consult a doctor before starting any diet or change in your diet and supplement. You agree that you are purchasing the products or services on a voluntary basis, participating in the recommended activities and using this website, Patagonia Interactive, assuming all risk of harm, illness or death.
You acknowledge that you have carefully read this “Disclaimer and Exemption of Liability” and fully understand that this is a disclaimer of liability. You expressly agree to waive and exonerate all indemnified parties (as defined below) from any and all statements or actions, and agree to voluntarily and irrevocably waive any rights you may have to bring legal action against any person of the indemnified parties for personal or property damages.
GENERAL NOTICE:
The Patagonia Interactive sites and parts do not recommend, endorse or make any representations about the efficacy, appropriation or adequacy of any product, download, services, opinions, treatment, advice or any other supplier information or references that may be contained or available through the sites. The Patagonia Interactive Websites and the Patagonia Interactive parties are not responsible for any product, download, service, opinion, treatment, advice, or any other information that you obtain through the sites.
This site, Patagonia Interactive are provided “as is”, without representations or warranties, express or implied. It makes no representations or warranties regarding this site or the information and materials provided on this site Patagonia Interactive.
Nothing on this site, Patagonia Interactive, constitutes, or is intended to constitute advice of any kind. If you need advice on any legal, financial or medical matter, you should consult an appropriate professional.
EXCLUSION OF LIABILITY:
In all circumstance, the websites, the website, Patagonia Interactive or the Patagonia Interactive parties will be responsible for any loss or damage of any kind that is directly or indirectly related to the websites, in the items to download, in the user content , in the use or in the inability to use, or in the performance of the sites, any action taken in connection with an investigation made by the sites or responsible law enforcement authorities on the use of the sites and the actions taken in relation to copyright or other intellectual property owners, any errors or omissions in the sites, technical operation or any damage to any computer, hardware, software, wireless devices, mobile phone, modem or other equipment or technology of any user type, including, without limitation, damages from any security breach or by any virus, error, adulteration, fraud, failure, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical malfunction or other, even if it is foreseeable or even if the websites, Patagonia Interactive and other parties of Patagonia Interactive have been informed or should know about the possibility of such damages, through a contract action, negligence, strict liability or non-contractual liability. In no case will any site, website, Patagonia Interactive and other Patagonia Interactive sites be liable to you or anyone else for loss, damage or injury. Your access and use of the websites, the website, Patagonia Interactive and others are your sole responsibility. If you are dissatisfied with the Websites, Patagonia Interactive, or any issue regarding the sites, your sole and exclusive solution is to discontinue access to and use of the sites.
CONTRIBUTIONS
You can post reviews, comments, photos and other content; send communications; and submit suggestions, ideas, comments, questions or other information, provided that none of these materials is illegal, obscene, threatening, defamatory, invasive of privacy, violates intellectual property rights or is in any way harmful to third parties or reprehensible and it does not consist of, or does not contain software viruses, political campaigns, commercial solicitations, chain letters, mass correspondence or any type of “spam”. You may not use a false email address, impersonate someone, or mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any of this content, but we do not regularly analyze published content.
Please do not submit any material to us that you do not wish to be subject to the User Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any other information, content or materials that you post or submit to us is collectively referred to as “User Generated Content”.
If you send or submit any user-generated content to us, intentionally or not, we (and others we may designate from time to time) will have unrestricted rights to its use for any and all purposes, commercial or otherwise, without any permission, or any payment to you or anyone else. We and our designees also have the right (but without obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with user-generated content. Without limiting the generality of the foregoing, you grant us, unconditionally, a universal perpetual, non-exclusive, irrevocable, fully paid, royalty-free, sub-licensable and transferable license to use, reuse, reproduce, transmit, print, publish, display, distribute, redistribute, copy, host, deposit, store, index, categorize, comment on, transmit, download, edit, change, modify, adapt, translate, create derivative works based on the information and publicly execute the Content generated by the user, in whole or in part, by all and all media now known or developed at any time without prior notice and with or without assignment (the “User Generated Content License”).
You accept the User Generated Content License regardless of whether your user generated content is used by us. You represent, warrant and agree that: you own or control all rights to all User Generated Content that you post or submit to us; that all that user-generated content is accurate. The use of such User Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of third parties and will not cause harm to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of or related to any “User Generated Content”. We have the right (but without obligation) to monitor, edit or delete any activity or content that involves you. We have no responsibility and do not assume any responsibility for any User Generated Content posted or submitted by you or anyone else.
You agree that User Generated Content will not be subject to any expectation of trust between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that so-called “moral rights”, “related rights” or similar or analogous rights apply to any User Generated Content and are not our exclusive property, you agree not to impose or assign, or allow any third party imposes or attributes such rights. Each time you access the site, Patagonia Interactive, or post or submit User Generated Content, you agree that the User Generated Content License is ratified and confirmed in relation to such User Generated Content and all User Generated Content user previously published or submitted by you.
UNSUBSCRIBE
We may use members’ email addresses to send updates about the site. Users may opt-out of receiving such e-mails by clicking on the “Unsubscribe” link in the e-mails they receive and choosing to unsubscribe from all correspondence on the unsubscribe page. From time to time, we or third parties may sponsor a research, promotion, sweepstakes, or contest on our site. In general, you need to be a member to participate and you may be asked to provide certain personal information to do so. Information that you provide to or by a third party, even though it is provided to us concurrently (for example, in a joint promotion) is governed by their privacy policies and practices, not ours, and you should consult their policies and practices so that you are aware and agree with the way they handle and treat the personal information that you provide to them. We may also share your information with our business or promotional partners, with a subsequent entity that acquires or joins our business, or with creditors, and we may share personal information with certain advertising partners who explicitly request information.
We reserve the right to transfer personal information to a successor in interest who acquires rights to that information as a result of the sale of our site or substantially all of its assets to that successor in interest.
CONTENT RELATED TO THE WEBSITE
You should be aware that, when visiting the site, Patagonia Interactive, you may be directed to other sites, including links to affiliates and content partners who may use our marks as part of an affiliate relationship. When you click on a link that takes you off the site, Patagonia Interactive, the site you are directed to may not be controlled by us and different terms of use and privacy policies may apply which you should read and evaluate carefully. You acknowledge that we are not responsible for examining or evaluating, and that we do not guarantee the offerings of such third parties or the content of their sites. We do not assume any responsibility for the actions, products or content of third parties. We reserve the right to disable links to or from third party sites, although we have no obligation to do so.
LEGISLATION AND JURISDICTION
The legal relationship with you, including these Terms of Service, is exclusively governed and interpreted in accordance with the laws of United States.
RESCISSION
These Terms of Use are effective until terminated by either you or us. You can terminate these Terms of Use at any time, interrupting access to and use of the site, Patagonia Interactive and others and deleting all materials obtained from the site and all related documentation and all copies and their facilities, made in accordance with these Terms of Use or otherwise. If you terminate these Terms of Use, you must notify us by sending an e-mail to [email protected]. We may terminate these Terms of Use (including your access to and use of the site) without cause and without prior notice, in our sole discretion. After cancellation, you must cease any access or use of the site, Patagonia Interactive and others and delete all obtained materials and all related documentation and all copies and their facilities, either under these Terms of Use or in any other way. We adopt and implement a policy that provides for the cancellation of service, in appropriate circumstances of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature must remain valid after the cancellation of these Terms of Use, will remain valid after such rescission.
GENERAL LEGAL PROVISIONS
Patagonia Interactive and its affiliates are not legally responsible if their agents, workers or representatives who have contact with users of their products through the site, Patagonia Interactive do not respect the general terms of use, or if by their own decision they cause damage, disappointment or fraud to its users, without the knowledge of Patagonia Interactive. We may interrupt the site, Patagonia Interactive at any time and for any reason, without prior notice. We may change the content, operation or features of the site, Patagonia Interactive at any time for any reason, without prior notice.
Liability and limitation of liability
Nothing in these Terms of Service will limit Patagonia Interactive‘s liability when applicable law does not allow such limitation. In particular, Patagonia Interactive‘s liability will not be limited:
1. For death or personal injury caused by the negligence or willful intent of Patagonia Interactive or any of our statutory representatives or agents;
2. For any other type of damages and losses due to gross negligence or willful or fraud of Patagonia Interactive or any of our statutory representatives or agents; in the event that Patagonia Interactive has assumed an explicit quality guarantee.
3. To the negligence of Patagonia Interactive or of any of our statutory representatives or agents, in the event that it causes a violation of an essential obligation under this User Agreement (obligations that must be fulfilled in order to achieve the objective of this User Agreement and in which compliance the user can generally rely on). In this case, Patagonia Interactive‘s liability will be limited to foreseeable damages and losses that normally occur in these cases. Patagonia Interactive is excluded from any other liability.
Duration of the contract and rescission
This User Agreement is executed for an indefinite period.
1. Either party may terminate this Agreement at any time with 30 days’ notice (written or electronic communication, for example by e-mail, is mandatory). You can also terminate the User Agreement with immediate effect, excluding the Game from your device or removing the Game, applications and others.
2. If we have reasonable grounds to believe that you are materially violating these Terms of Service, we may suspend your access to our Game and / or terminate this User Agreement.
3. Either party may terminate the User Agreement for just cause without notice. The grounds for such termination for just cause include a material violation of these Terms of Service. 4. After expiration, you will no longer be able to access the Game that has been the subject of the User Agreement. Your progress in the game and any other data related to the game will be excluded.
Final provisions
Patagonia Interactive may transfer all or part of its rights or obligations under this User Agreement to third parties without your consent. You may transfer any of your rights or obligations under this User Agreement only with our prior written approval.
We reserve the right to change these Terms of Service at any time. We will notify you about changes through a special notice, no later than four weeks before such changes take effect, either by notification in the Game or in the description of a Game update on a Platform. You can object to the changes within four weeks from such notice. If you do not object within four weeks, the changes will be deemed accepted by you. If you object, we may close your user account. When we notify you of the changes, we will also inform you of the final deadline to contest the amendments and consequences if you have no objections.
This User Agreement is governed by the law of United States, if your place of residence is outside of United States at the time of signing this User Agreement, the mandatory legal provisions in your jurisdiction relating the applicable law will not be affected and applied.
CREDITS, BENEFITS AND DISCOUNTS:
In the Patagonia Interactive applications and website, you can enjoy trivia games, match 3 and much more, you can play individually or collectively, competing with people from all over the world, so your registration is necessary to reach the score in the global and world panel. WE ARE EXPRESSLY AUTHORIZED to use your game scores in the global panel and you will have to maintain and submit your information on our servers to run such posting if you access these games and register.
Patagonia Interactive January 2023
