Terms of Service

Updated: [8 Aug 2024]

Please read these terms of service (“terms of service”, “terms”) carefully before using userpresets.com website and app (“app”, “website”, “service”) operated by Thirteen32 Pty Ltd (“The Company” “us”, ‘we”, “our”).

Conditions of use

By using this website, you (“you”, “your”, “The User”, “The Subscriber”) certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. The Company only grants use and access of this website, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy (www.userpresets.com/privacy) regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 13 (thirteen) years of age before you can use this website. By using this website, you warrant that you are at least 13 years of age and you may legally adhere to this Agreement. The Company assumes no responsibility for liabilities related to age misrepresentation.

Intellectual property

You agree that all materials, products, and services provided on this website are the property of The Company, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the The Company’s intellectual property in any way, including electronic, digital, or new trademark registrations.

You grant The Company a perpetual, royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact The Company in order to come to an agreement.

User accounts

As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly.

We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis according to billing schedule of your selected Subscription. The currency of the billed amount will be fixed at your initial purchase, and may change relative to your native currency. The Company will not be liable for extra costs incurred in your native currency.

From time to time The Company may offer discounts and/or promotions on the subscriptions. These offers are for new users only. The Company will not be obliged to make the discounts and/or promotions available to existing users and no refunds will be given.

Refund policy

Monthly subscriptions are billed on a monthly basis from the date of your initial purchase. You may cancel any time and receive a prorate refund for the remainder of the month from the date that The Company process your cancellation.

Yearly subscriptions are billed on a yearly basis from the date of your initial purchase. You may cancel any time and receive a prorate refund for the remainder of the year from the date that The Company process your cancellation.

“One time” subscriptions are billed upfront at the time of purchase. “Lifetime” purchases are only refundable within the first 30 days after your initial purchase. If you cancel your subscription after 30 days or have been found to have violated our terms of service and had your account terminated, no refund will be given.

A “one time” subscription will last the shorter of the length of time of:

  1. The physical life of The User.
  2. The operational availability or financial viability of The Service.
  3. The operational availability or financial viability of The Company.
  4. The physical life of the owners and/or operators of The Service and/or The Company.
  5. The time until The Service and/or The Company is purchased by or otherwise transferred to a third-party.

If The Service is purchased by or otherwise transferred to a third-party other than The Company, the third-party may or may not choose to terminate any “lifetime” subscriptions.

Links To Other Web Sites

Our service may contain links to third-party web sites or services that are not owned or controlled by The Company. The links may contain affiliate links for which The Company receive compensation.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Applicable law

By visiting this website, you agree that the laws of Australia, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between The Company and you, or its business partners and associates.

Disputes

Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of Australia and you consent to exclusive jurisdiction and venue of such courts.

Indemnification

You agree to indemnify The Company and its affiliates and hold The Company harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.

Limitation on liability

The Company is not liable for any damages that may occur to you as a result of your misuse of our website.

The Company reserves the right to edit, modify, and change this Agreement any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between The Company and the user, and this supersedes and replaces all prior agreements regarding the use of this website.