Patina Terms of Service
(We hate long incomprehensible legal agreements but our lawyers insist that they are necessary to protect us. To help decipher look out for our succinct real-world explanation in each section)
1. Your Acceptance
(We really want you to use Patina, but have a couple of things that you need to agree to)
Welcome to the Terms of Service for the Patina website, mobile application and any associated services. This is an agreement (“Agreement”) between, Joslyn, Ltd(“Patina"), the owner and operator of www.getpatina.com (the “Site ”), the Patina App (“App”) and any Patina services ( “Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site, App, and Service.
Throughout this Agreement, the words “Patina,” “us,” “we,” and “our,” refer to our company, Joslyn, Ltd and our Site, App, or any Services, as is appropriate in the context of the use of the words. Your ability to submit any information to us shall be referred to as “Content.”
2. Patina Description of Service
(This is what we do)
Patina is a mobile application that allows users to create digital car and vehicle records, by submitting photos or documents through our App. You may then keep or share such documents using our App or Service.
3. User Accounts
(To use Patina you’ll need to register, if we think you are a bad egg then we might take your account away)
In order to use our Site and Service you will be required to register. During registration we may collect your name and email when registering for our Site and App. We have the final discretion in granting accounts and reserve the right to reject users without explanation.
4. Use of Patina
(We have some conditions, we think they are reasonable; don’t steal anything, don’t attempt to hack us or try to take us down, don’t pretend to be somebody else, don’t use us for criminal activities and please only upload content that you have rights to. If you do any of this then we will probably at the very least have to ask you to leave)
When using our Service, you are responsible for your use of Patina, and for any use of Patina made using your device. You also agree that your use of Patina is for personal non-commercial use. You agree not to access, copy, or otherwise use Patina, including our intellectual property and trademarks, except as authorised by these Terms of Service or as otherwise authorised in writing by Patina. You agree not to use Patina to:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or the Service in a manner that sends more request messages to Patina servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Patina grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site, App, or Service;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Service or App;
- You will not collect or harvest any personally identifiable information, including account names, from the Service or App;
- You will not access the Site or Service through any technology or means other than those provided or authorised by the Service or App;
- You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You agree to use our App only in a safe manner and in compliance with all laws, you explicitly agree that you will not use Patina for any criminal communications or for transmitting any child pornography;
- You agree that you will not post content that is harmful to any third party, illegal, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, indecent, libelous, pornographic, sexually explicit, invasive of another's privacy, hateful or racially, ethnically, or otherwise offensive. You further agree that you will immediately remove content on Joslyn Ltd’s request for any reason;
- You agree that you will not hold Patina responsible for your use of our Site or App;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Patina;
- You agree not to interfere with or disrupt the Site, App, or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You agree to not violate any law or regulation and you are responsible for such violations;
- You will not use our Site or App to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine;
- You will not upload any Content to our Site or App that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Patina reserves the right to suspend or terminate any account at any time without notice or explanation.
5. Modification of App
(We will frequently change the app, usually it’s to make it even better)
We reserve the right to alter, update, or remove our App from your system at any time, or demand that you do so. We may conduct such modifications to our App for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal or other purposes.
6. App and Site Availability
(As much as we would like to, we cannot guarantee availability – we can just promise to do our very very best!)
We do not guarantee that the App or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our App may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App will work as advertised, or that it will give you the desired results.
7. Compliance With All Laws and Regulations
(If somehow you manage to break some laws when using Patina then you’re on your own)
Patina is not responsible for your violation of any laws while using our Site, App, and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Our App and Service is void where prohibited. We are not responsible for the posting of any Content.
8. Intellectual Property Rights
(We’ve spent many long days and nights building Patina and are proud of what we have built – please don’t steal it!)
The design of the Patina Service along with Patina created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Patina, subject to copyright and other intellectual property rights under UK and foreign laws and international conventions. Patina reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
9. Our Copyright
(Please use Patina to share other public content through the platform but don’t just take it for your own purposes)
Users are allowed and share our Content and other users’ Content through the functionality of our Site, App, and Service. However, you agree not to otherwise copy, distribute, display, disseminate, or reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any Content found on Patina. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of our Site or App, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
10. Your Copyright
(This is the really important one! Any content and media you submit is owned by you. Any content that you submit and make public we have to state a lot of legal jargon that sounds like we could be trying to steal it. We’re not, we promise, but we have a very simple challenge - from time to time we use screenshots and videos of the app in our advertising and that may contain your public images, therefore we need the rights to be able to take screenshots of our own platform!)
Any content submitted by you will be owned by you. However, you agree to grant Patina and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your public content and anything we may make with your content through Patina or any other medium currently invented or invented in the future. We reserve the right to display advertisements and to use your public content to advertise and promote Patina.
11. Access to Our Service and Limited License
(If you agree with our terms then we grant you a license to use Patina)
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site, App and Service. You agree that our Service may not always be error free, continuous or undisrupted. We may at our discretion modify, update, delete, disable or otherwise discontinue our Service.
You agree not to distribute any Content found on our Site and Service without our prior written authorisation, unless such distribution is through functionality offered by our Service. You are expressly forbidden to make money off of our Site or Service unless you have received prior written permission from us. You agree not to access Content through any technology or means other than through our Site or Service or otherwise authorised by us.
12. Representations and Warranties
(NOT SURE WHY ARE WE SHOUTING! WE WILL ALWAYS TRY OUR BEST, BUT IN THE EVENT THAT ANYTHING GOES WRONG THEN PLEASE DO NOT HOLD US REPSONSIBLE)
The service, including, without limitation, the content, is provided in a "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither Joslyn Ltd nor any of their employees, managers, officers or agents make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (A) the service; (B) any user content; (C) Our content; or (D) security associated with the transmission of information to Patina or via the service. In addition, we disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quite enjoyment, system integration and freedom from computer virus.
Patina does not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. Patina does not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. Patina does not warrant that your use of the service is lawful in any particular jurisdiction, and Patina specifically disclaims any such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and this agreement. By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service. Patina does not endorse any content and specifically disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content found on our through Patina.
13. Limitation of Liability
In no event shall PJosltn Ltd, its officers, directions, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (I) your use or inability to use the app, website or our services errors, mistakes, or inaccuracies of content, (II) any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, app, or service, (III) any interruption, misinformation, incomplete information, or cessation of transmission to or from our app to you, (IV) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, (V) any failure of any third party information listed on our site and service, including any failures or disruptions whether intentional or unintentional or (VI) any errors or omissions in our site or service for any loss or damage of any kind incurred as a result of your use of our site or service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California Civil Code SECTION 1542, which states, “A general release does not extend to claims which the creditor Does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our app is contingent on your agreement with this and all other sections of this agreement. You agree our total liability to you is not more than 100 UK pounds or the total amount you spent while using our site, app, and service within the last six months, whichever is greater. Nothing in this Agreement limits the liability of Patina and its directors, employees, agents, partners, suppliers or content providers for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability.
14. Copyright Takedown Notice
(We don’t like people who steal things, if your copyright has been infringed then get in contact so we can help to resolve)
We take copyright infringement very seriously and intend to comply with the Digital Millennium Copyright Act and other relevant laws both national and international. If believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our copyright agent at email@example.com.
(Don’t sue us!)
You agree to defend, indemnify and hold harmless Joslyn Ltd Its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Patina Site, App and Service;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
This defence and indemnification obligation will survive this Agreement and your use of the Patina Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
16. Visiting Third Party Websites
(We can’t control what happens outside of Patina)
Our Site may include advertisements and links to third party websites. Please be aware that we have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
17. Age Compliance
(Unless you have very rich parents and private race track we figure that you have no need to use Patina unless you can legally drive…)
18. Choice of Law
(English Company, English Law!)
This Agreement shall be governed by the laws in force in England and Wales. The offer and acceptance of this contract is deemed to have occurred in England.
19. Forum of Dispute
(We’re a homely bunch, any disputes need to be heard near our cosy offices near the River Thames in sunny Oxfordshire. On the plus side there are some very good gastro pubs nearby)
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Abingdon, England, UK.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
20. Force Majeure
(With the best will in the world there are some things that are outside of our control)
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
(Even if we have made a mistake in this agreement, the rest of it still applies)
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Patina shall have the sole right to elect which provision remains in force.
(We get to choose which bits of this agreement we apply when and we can change our mind)
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
23. Termination and Cancellation
(If we have to terminate you then we will act first and explain later. If you want to terminate then simply delete the app. If you terminate then we have the right to delete your data)
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion or inaccessibility of any information stored that you have submitted to Patina. Although, your information may not be accessible we may keep such information for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
(This applies to you, not somebody else!)
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
25. Amendments and No Third Parties
(Sometimes we have to change this agreement, we try not to as we would much rather be making the platform even better but do check back frequently to see if any amendments have been made)
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and we may email you if we believe it is necessary. For these reasons, we recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our website and our Service. This Agreement not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999).
26. Contact Information
(We love to hear from our users, contact us at the details below)
If you have any questions do not hesitate to contact us at firstname.lastname@example.org or by mail at Patina, 20 Appleford Rd., Abingdon, Oxfordshire, OX14 4NQ, United Kingdom.
27. Electronic Communications
(We love the fact that this is the last point in what is an electronic document! You agree that we can make agreements with you electronically!)
The communications between you and Patina use electronic means, whether you visit the App, Site, or Service or send Patina e-mails, or whether Patina posts notices on the App, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Patina in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Patina provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.