Please read this agreement carefully before accessing or using the website or PaintSpring products. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by PaintSpring, acceptance is expressly limited to these terms.
Restrictions on Use of Materials
You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by PaintSpring, its parent company or its subsidiaries or by licensors of PaintSpring. You agree and acknowledge that, notwithstanding that PaintSpring permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively “Rights”), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to PaintSpring and its licensors’ Rights in individual elements of the Content, PaintSpring owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of PaintSpring.
Third Party Property
You agree that you may upload content to the PaintSpring website and software applications, or otherwise transmit on or through this website, only Content (as outlined in the paragraph above) that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. By submitting Content to any “Public Area” (e.g. public chat rooms, bulletin boards, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. By using any features on this website which allow you to post text, photos, graphics or other data (“Content”), you agree that you will not use such features to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that PaintSpring may not screen Content, but that PaintSpring shall have the right (but not the obligation) in their sole discretion to refuse or move any Content. PaintSpring shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that PaintSpring may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PaintSpring, the users of this website, and the public.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall PaintSpring be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if PaintSpring or a PaintSpring authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall PaintSpring’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website.
The materials in this website are provided “as is” and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, PaintSpring disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PaintSpring does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. PaintSpring does not warrant or make any representation regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not PaintSpring) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
PaintSpring welcomes comments regarding its products and services. However, PaintSpring’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by PaintSpring’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of PaintSpring. None of the Information shall be subject to any obligation of confidentiality on the part of PaintSpring, and PaintSpring shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
PaintSpring may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your PaintSpring account (if you have one), you may simply discontinue using the website. 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.
Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products available in the United States and Japan. PaintSpring may change, add or delete programs described in this website at any time without notice. This website is controlled and operated by PaintSpring from its office in Japan. PaintSpring makes no representation that materials in the website are appropriate or available for use outside the United States or Japan. Those who choose to access this website from outside the United States or Japan do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of Japan, without giving effect to any principles of conflicts of law. 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 subject matter herein and shall not be modified except in writing, signed by both parties.