Terms of Use Agreement : WebPaint.net
Acceptance of Terms
This site is owned and operated by WebPaint.net, which is also referenced as Site, Us, We, WebPaint, Owner, Operator throughout this document. The terms you, users, members, visitors as used in this Agreement refer to all individuals, registered members and/or entities accessing this Site for any reason.
Unless specified otherwise users must be at least 13 years of age to participate in any registration or interactive activities at this Site. By your participation in Site activities, you certify that you are at least 13 years of age and that you meet any other requirements of the Site.
This page states the terms and conditions that forms the agreement under which you may use this Site. If you do not accept this Terms of Use Agreement then do not use this Site. By using this Site you understand, acknowledge and agree that you will abide by these terms. This Agreement will remain in force and in effect for as long as you are a user of the Site. The Site provides rules of participation for certain activities and services including, but not without limitation, contact forms, event calendars and other interactive programs.
The Site's Privacy Guide is hereby incorporated into this Agreement by reference. To the extent that there is a disagreement between this document and the specific rules of participation for other activities in which you choose to participate, this Agreement shall govern.
WebPaint.net may revise this Agreement at any time and without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review this Agreement because the rules and amendments are binding upon you as a user of this Site.
Copyright, Trademark and Proprietary Rights
The contents of the Site, including all design, text, graphics, artwork, images, photographs and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (material, content) are the property of WebPaint.net and/or its subsidiaries, affiliates, assigns, licensers, and/or the Site's advertisers, sponsors or promotional partners. The Material is protected, without limitation, pursuant to International and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.
You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and nontransferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you may make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party web site, or otherwise use the Material in any way for any public or commercial purpose without the express approval from Webpaint.net or from the copyright holder. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You are authorized to download and view a single copy of the Material on the Site solely for your use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site's software, HTML, custom scripts or otherwise, or reverse engineer, de-compile, reverse assemble, modify or attempt to discover any interface or source code that the Site creates to generate the HTML at this Site.
Access to the Materials may not be lawful by persons in certain countries. You also understand, acknowledge and agree that the caching of any object code or software by Site users in restricted countries is prohibited. If you access this Site from areas outside of Canada and the United States then you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and with the laws of the Province of Ontario, Canada and with the laws of the Government of Canada.
Without the prior written permission of the Owner of this Site, you agree not to display or use in any variation or manner, the Site's logos. Other site owners who wish to link to this Site are encouraged to use a textual link.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause any and all parties under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders or intelligent agents) to navigate or search the Site other than the following:
User Conduct
This Site provides users with the opportunity to submit, post and/or exchange information, data, text, messages or other materials (Postings) whether publicly posted or privately transmitted. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originate. This means that you, the user, not WebPaint.net, are entirely responsible for the consequences of all Postings that you upload, post, transmit or otherwise make available to other entities via this Site.
Users may not:
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users and does not endorse any opinions, which might be expressed by a user. You further agree that any reliance on such Postings by other users will be at your own risk. WebPaint.net does not review or screen or monitor such Postings on a regular basis and assumes no obligation to do so, and will not be liable or responsible to any user for performance or non performance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, the Site may, at its sole discretion, investigate the allegation and may thereafter determine, in its sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that the Site reserves the right to discontinue services to any user for violating this Agreement or any applicable law, and may remove communications which are considered to be, in the Site's sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
By posting at this Site you grant the Site, its owner and operator, parent company(s), affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights, in such content, has completely and effectively waived all such rights and validly and irrevocably granted to use that material. You also permit any other user to access, display, view, store and reproduce such content for that user's personal use. Subject to all of the foregoing, the owner of such content placed on this Site retains any and all rights that may exist in such content.
E-mail Policy
E-mail is a critically important communications medium for this Site and our members. All e-mail sent to WebPaint.net should be generated by the person in whose name the e-mail account is registered. E-mail users shall not mask their identity by using a false name or another person's name or account. WebPaint.net will use your e-mail address and the content of any e- mail for administrative and correspondence purposes only and to send you information that you may request.
Any non-personal content you provide to the Site by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and this Site assumes no obligation to protect such non personal information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by this Site for any purpose whatsoever, and this Site shall be free to reproduce, use, disclose and distribute such non personal content without restriction.
All e-mail addresses are kept secure and hidden from public view and this information will never act as the source for receiving unsolicited e-mail. Should these services at WebPaint.net be discontinued at any time in the unforeseeable future then all submitted personal information will be destroyed at that time.
This site frames pages that originate from Beautybyus.com. E-mail addresses and personal information submitted to Beautybyus.com are subject to their terms of use and privacy policies. WebPaint.net has no control over the use of that information.
Usernames and Passwords
To participate in various Site activities a user must complete a registration process and only then will they receive a randomly generated password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your Personal Information as defined in this Agreement, including the user name and password received upon registration at this Site. You will be fully responsible for all uses of your registration and for any activity that occurs with respect to your account, whether or not authorized by you. You further agree to immediately notify the Site of any known unauthorized use of your registration and/or login information.
Advertising and Third Party Content
This Site may display banner and general advertising and other content provided by third parties or their agents. You understand, acknowledge and agree that such third party content on this Site is not an endorsement by this Site of those goods, services or messages conveyed in the content, or of the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with, or participation in, the advertising or promotions offered throughout this Site; however, all such correspondence, including, without limitation, any resulting contractual agreement between you and that third party content provider, are solely between you and that third party content provider. You further agree that this Site is not responsible for upholding any applicable terms, conditions or representation of warranties made by third party content providers in connection with any agreement or contract between third party content providers and users of this Site.
Limiting Use of Personal Information
Well planned applications collect only that information which is necessary to complete the task at hand. All of the online applications at this site subscribe to that standard.
Links to Third Party Web Sites
This Site often provides links to third party web sites and other resources that could be of interest to our members, including the web sites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by this Site of that content, advertising or business practices (including the privacy policies) of such third party web sites, regardless of whether or not this Site hosts the logo or sponsorship identification of that third party, and regardless of whether this Site conducts "framing", which allows a user to access several web pages or web sites while still viewing a header or border of this Site or another site.
These third parties may have different privacy policies and business practices than WebPaint.net; therefore, this Site does not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such third party web sites. You further agree that the Site, its Owner and Operator, parent company, affiliates, successors and assigns, and their respective officers, directors, employees, agents and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damages or losses caused, or alleged to be caused, by or in connection with, your use of or reliance upon the content, advertising or business practices of any third party web site. If you decide to use and access any third party web site linked from this Site, you understand, acknowledge and agree that you do so at your own risk and under the terms and conditions of use of that external site.
Privacy Guidelines
To participate in various activities at this Site, you will be asked to provide certain true, complete and current personal information. All personal information from any user is subject to this Site's privacy policy, which is incorporated by reference in this agreement. For more information about the collection, handling, use and destruction of personal information you are encouraged to refer to this Site's complete Privacy Guide.
By submitting content to any area of this Site, including but not limited to public forums, you understand, acknowledge and agree that your content will be considered "public material" and will not be subject to the privacy protections afforded to your personal information in connection with any membership you may have at this Site.
You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content, with and upon notice to that user, if required to do so by law or to comply with any Canadian legal process, to respond to claims that content violates the property, privacy, publicity or any other rights of another user, individual, organization or corporation, or to protect the rights, property or safety of the Site, its agents, employees, third party content providers, users or Site members.
Modification, Suspension and Discontinuance
The Site reserves the right to modify or discontinue the service (or any part thereof) offered by this Site, on a temporary or permanent basis, with or without notice to anyone. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of service offered by this Site.
Indemnification and Limitation of Liability
You understand, acknowledge and agree to defend, indemnify, and hold harmless WebPaint.net, its affiliates, successors and assigns, Advertisers, and operational service providers and their respective officers, directors, employees, representatives and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site Material or your breach of the terms of this Agreement. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding.
The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site Material and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge and agree that the use of the Site and Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, AFFILIATES, SUPPLIERS, SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, THE SITE'S ADVERTISERS, OR OPERATIONAL SERVICE PROVIDERS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, PROFITS, SAVINGS, GOOD WILL, OR USE, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, 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.
Disclaimer of Warranty
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, The aggregate liability for the Company to users for all claims arising from your use or inability to use this site or any of the Material is limited to $1.00 (one dollar and zero cents).
General Agreement and Contact Information
This Agreement is governed by International Treaties and laws and by the Provincial and Federal Laws of Canada. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular Legal Notice, or Software License or material on another web site, this Agreement constitutes the entire agreement between you and this Site with respect to the use of this Site.
No changes to this Terms of Use Agreement shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will not constitute an amendment of, waiver or change to this Agreement.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect. Contact WebPaint.net if you have any questions regarding this Agreement.
Owner & Operator
WebPaint.net
407 266 Guthrie Drive
Kingston, Ontario
K7K 6K8
613-547-3358
E-mail
