Paint Terms & Conditions, Copyright
TERMS & CONDITIONS
Paint ("Paint") maintains this site (the "Site") for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may not distribute, modify, transmit, re-use, or re-post, the content of the Site for public or commercial purposes, including the text, images, audio, and video without Paintís written permission.
Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site:
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the prior written permission of Paint. Paint neither warrants nor represents that your use of materials displayed on the Site will not infringe the rights of third parties who are not affiliated with Paint.
While Paint uses reasonable efforts to include accurate and up to date information in the Site, Paint makes no warranties or representations as to its accuracy. Paint assumes no liability or responsibility for any errors or omissions in the content of the Site.
Your use of and browsing in the Site are at your risk. Neither Paint nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Paint also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Paint and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Paint or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited.
Third Party Links or Sites
Paint has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
Although Paint may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Paint is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Paint respects the privacy concerns of users of the Site. As a general rule, no personal information is automatically collected from users of the Site. Personally identifiable data about users of the Site are known to Paint only when voluntarily submitted by users of the Site. However, by ďpassiveĒ means certain non-personal information of users (for example, the type of browser being used, the operating system used by the user and the domain name of the user's Internet server provider) or is collected. This information is primarily used for internal purposes, but only in an aggregate form (individual users can not be identified). Personally identifiable information may be collected from users of the Site when users voluntarily provide this information. All such information is retained by Paint and is solely used for the purpose detailed to the user when such personally identifiable information was provided by the user to Paint.
Information We Collect
Paint may collect personal information that you voluntarily give to Paint such as your name, postal address, telephone number, fax number, and email address. For example, Paint may collect personal information when you purchase merchandise, enter a contest, join our mailing list, complete a survey or otherwise communicate with the Site. Personal information may also include information Paint gathers about you on the Site such as your purchase history. If you place an order with Paint or use another feature of the Site that requires payment, Paint may collect your account or credit card number. Paint may also collect demographic information that you provide to Paint, such as your postal code or age.
How We Use Your Information
Paint may use your personal information for customer service, to provide you with the information, product or service that you requested, and to customize your experience on the Site. For example, if you make a purchase on the Site, Paint may use your e-mail address to send you a purchase confirmation notice and your mailing address to send your purchase. Similarly, if you enter an online contest, Paint will use this information to notify you if you are a winner and award the prize. Paint may also use your personal information provided in the registration form to distribute its newsletter or other information about Paint. Users may opt-out of receiving future distributions. See the "Opt-Out" section below.
Protecting your information is important to Paint. The Site has security measures in place to protect the loss, misuse and alteration of the information under Paintís control. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Paint is committed to protecting your information, Paint cannot ensure or warrant the security of any information you transmit to PAINT and you share your personal information at your own risk. Paint may use your IP address to help diagnose problems with Paintís server and to administer the Site. At no time is your IP Address shared. Your visits and shopping is appreciated. Paint recommends at all times using a 128-bit (or higher) version of a major browser and making sure the browser and your Operating System is up-to-date.
Opt-Out to Mailings
You can unsubscribe by clicking on the link at the bottom of the mailing. Please note that changes to your preferences may not be effective immediately and will only be effective prospectively.
You agree to indemnify, defend and hold Paint and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Paint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Paint's defense of such claim.
This Site is controlled and operated by Paint from its offices within the Province of British Columbia, Canada. Paint makes no representation that materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any action you, any third party or Paint brings to enforce this agreement, or in connection with any matters related to this Site shall be brought only in either the provincial or Federal Courts located in the Province of British Columbia, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Paint.
Changes to the Terms and Conditions
Paint reserves the right to change the terms of the Terms and Conditions. Any changes will be posted on this page. Paint encourages you to check this page regularly. Your continued use of the Site following any changes to the Terms and Conditions will constitute your acceptance of such changes. You agree that the information that we gather will be subject to the Terms & Conditions in effect at the time of use.
These Terms and Conditions are effective as of July 4, 2011. Copyright © 2011 Paint.