Terms of Service

This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our App, http://Patchpocketapp.com, sub-domains, and any associated web-based and mobile applications (collectively, “App”), as owned and operated by Mountain Shadow Enterprises.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our App, collectively “Legal Terms”, constitute the entire and only agreement between you and Mountain Shadow Enterprises, and supersede all other agreements, representations, warranties and understandings with respect to our App and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our App, and you should review all Legal Terms prior to using our App. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this App, you are agreeing to be bound by these App Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this App are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on November 17, 2021.

Definitions
The terms “us” or “we” or “our” refers to Mountain Shadow Enterprises, the owner of the App.

A “Visitor” is someone who merely browses our App, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our App to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our App are collectively known as our “Content”.

Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Mountain Shadow Enterprises’s App for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

• attempt to decompile or reverse engineer any software contained on Mountain Shadow Enterprises’s App;

1. remove any copyright or other proprietary notations from the materials; or
2. transfer the materials to another person or “mirror” the materials on any other server.

1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Mountain Shadow Enterprises at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restricted Uses
Listing of offered products on the App could be used only for lawful purposes by Users of the App. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Mountain Shadow Enterprises without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing Mountain Shadow Enterprises’s name or trademarks without the express written consent of Mountain Shadow Enterprises. You agree not to offer or modify any content found on the App consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Mountain Shadow Enterprises, in other way that is likely to trigger confusion among consumers, that disparages or challenges Mountain Shadow Enterprises or its licensors, that dilutes the strength of Mountain Shadow Enterprises’s or its licensor’s residential property, or that otherwise infringes Mountain Shadow Enterprises’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other App or in a networked computer system environment for any purpose is prohibited. Any code that Mountain Shadow Enterprises develops to generate or show any Material of the pages making up the App is likewise secured by Mountain Shadow Enterprises’s copyright, and you may not copy or adjust such code.

Mountain Shadow Enterprises has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the App breaches these Terms please contact our marked representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, Mountain Shadow Enterprises could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Mountain Shadow Enterprises has no liability or duty to Individuals for efficiency or nonperformance of such activities.

Electronic Communication
You are connecting with us electronically when you go to the App or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site.

Your Account
If you utilize the App, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the App might result in the immediate termination of your account. Mountain Shadow Enterprises additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.

Mountain Shadow Enterprises does not guarantee the truthfulness, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

Reviews, Comments, and Other Material
Registered Users of the App might post evaluations and remarks of a product and services purchased by means of the App, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. Mountain Shadow Enterprises reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.

If you post an evaluation or send comments, and unless Mountain Shadow Enterprises suggests otherwise, you grant Mountain Shadow Enterprises a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Mountain Shadow Enterprises and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Mountain Shadow Enterprises for all claims resulting from Content You supply. Mountain Shadow Enterprises has the right but not the commitment to edit and keep track of or eliminate any task or Material. Mountain Shadow Enterprises takes no duty and assumes no liability for any content published by You or any 3rd party.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our App. Mountain Shadow Enterprises reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, 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, as allowed under our Privacy Policy.

Intellectual Property
Our 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 App does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our App is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our App is strictly prohibited. Your use of our App does not grant you ownership rights of any kind in our App.

Revisions and Errata
The materials appearing on Mountain Shadow Enterprises’s App could include technical, typographical, or photographic errors. Mountain Shadow Enterprises does not warrant that any of the materials on its App are accurate, complete, or current. Mountain Shadow Enterprises may make changes to the materials contained on its App at any time without notice. Mountain Shadow Enterprises does not, however, make any commitment to update the materials.

Disclaimer
The materials on Mountain Shadow Enterprises‘s App are provided “as is” Mountain Shadow Enterprises makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Mountain Shadow Enterprises does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet App or otherwise relating to such materials or on any sites linked to this site. The App serves as a venue for Individuals to purchase distinct service or products. Neither Mountain Shadow Enterprises nor the App has control over the quality or fitness for a particular function of a product. Mountain Shadow Enterprises likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.

THE App AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS App ARE PROVIDED BY Mountain Shadow Enterprises ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Mountain Shadow Enterprises MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS App OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS App IS AT YOUR OWN RISK.

TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Mountain Shadow Enterprises DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Mountain Shadow Enterprises DOES NOT WARRANT THAT THIS App; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Mountain Shadow Enterprises ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Mountain Shadow Enterprises WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE App OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Mountain Shadow Enterprises’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE App OR YOUR USE OF THE App, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.

Links to Other Apps
Our App may contain links to third party Apps. These links are provided solely as a convenience to you. By linking to these Apps, we do not create or have an affiliation with, or sponsor such third party Apps. The inclusion of links within our App does not constitute any endorsement, guarantee, warranty, or recommendation of such third party Apps. Mountain Shadow Enterprises has no control over the legal documents and privacy practices of third party Apps; as such, you access any such third party Apps at your own risk.

Site Terms of Service Modifications
Mountain Shadow Enterprises may revise these Terms of Service for its App at any time without notice. By using this App you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law
Any claim relating to Mountain Shadow Enterprises’s App shall be governed by the laws of Utah without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.

Indemnity
You accept defend, indemnify, and hold safe Mountain Shadow Enterprises, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. Mountain Shadow Enterprises will provide notice to You promptly of any such claim, match, or case.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in Utah and shall be governed by and construed in accordance with the laws of Utah without regard to conflict of law principles. 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 App, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our App conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Mountain Shadow Enterprises under our Legal Terms shall survive the termination of our Legal Terms.