terms & conditions

THE FOLLOWING DESCRIBES THE TERMS ON WHICH PAINTGO.COM OFFERS YOU ACCESS TO THE PAINTGO.COM SERVICES. BY LOADING OR AGREEING TO HAVE LOADED CONTENT UPON THE PAINTGO.COM WEBSITE, OR ANY ELEMENT OR DERIVATION THEREOF, YOU AGREE TO BE BOUND BY THE TERMS HEREIN. This PaintGo Agreement (this “Agreement”) is by and between PaingGo.com, (“PaintGo.com”, “we” or “us” and “our” shall be construed accordingly) and you (“User” or “you” and “your” shall be construed accordingly), individually a “Party” and collectively the “Parties”.

PaintGo.com operates a website on the World Wide Web found on HYPERLINK "http://www.paintgo.com" http://www.paintgo.com (the “Website”) and has developed proprietary technology to enable digital paintings, drawings, designs and other content to be loaded onto the Website (“PaintGo”). User desires to create drawings, designs and other content using PaintGo (the “Content” as defined more specifically herein) which may be displayed on the Website and for which links may be transmitted electronically. This End User License Agreement is a legal document that governs the terms and conditions of your membership in PaintGo. These terms and conditions are designed to ensure that you have a safe and enjoyable experience with PaintGo. You should read this Agreement carefully. By activating your account, you acknowledge your agreement with these terms and conditions, as such terms and conditions may be amended from time to time, and represent that you are above legal age, and are either the certified educator, parent or legal guardian of the children registered on your account. You are also agreeing to accept a non-exclusive, non-assignable right and license to use PaintGo.

Ownership; Copyrights And Trademarks.

User acknowledges that ownership of the Product, the Website and the Content, and all intellectual property or other proprietary rights therein, shall remain with PaintGo.com. Without limiting any other legal rights or remedies PaintGo.com may have, User agrees that any and all use of the Content by User is governed by and shall be in compliance with United States trademark and copyright laws. Nothing in this Agreement shall be construed to give User ownership in the Product, the Website or the Content. User acknowledges that User has no right to use the Content other than as set forth in this Agreement. All rights not expressly granted are reserved to PaintGo.com.

Trademark and copyright notices

User Agreement with PaintGo.com

IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING THE PRODUCT OR ACCESSING THE CONTENT ON THIS WEBSITE. BY ACCESSING THE PRODUCT AND/OR THE CONTENT CONTAINED THEREIN, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER; THAT YOU HAVE READ THIS AGREEMENT; THAT YOU UNDERSTAND IT; AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.

a) Grant of License. For the Term of the Subscriber Agreement, PaintGo.com grants to User a limited, non-exclusive, revocable license to access the Product strictly via the Website(s) that PaintGo.com may set forth from time to time, and to use the Content in accordance with the terms of this Agreement. This license may not be transferred to third parties, nor may User allow an unauthorized third party to gain access to the Product, the Content or any Log-In Information. Without limiting any other provisions in this Agreement, any violation of this provision constitutes a breach of this Agreement, and grounds for immediate termination by PaintGo.com . b) Log-In Information. User has been provided with a valid username and password for the purpose of accessing the Product and the Content (the "Log-In Information"). All Log-In Information must be kept confidential, and may only be used by User under the terms of this agreement. The unauthorized use of any Log-In Information, either with or without User's knowledge, shall be deemed a breach of this Agreement, and may constitute a violation of PaintGo.com copyrights. User is responsible for maintaining the security and confidentiality of all Log-In Information, and for preventing access to the Product and/or the Content by unauthorized persons. Unauthorized access to or use of the Product and/or the Content by someone using User's Log-In information may be attributed to User. c) User Agreement. PaintGo.com may from time to time make amendments to this Agreement. Such amendments will become effective when PaintGo.com posts an updated User Agreement on the Website, or when PaintGo.com otherwise provides notice to User of any amendments. User is responsible for periodically checking the posted User Agreement for updates, and User shall be bound by the terms of the User Agreement posted on the Website at the time of User's Website access. Any amended User Agreement shall supersede the previous version of the User Agreement. d) Communications from PaintGo.com. PaintGo.com will periodically contact User for customer service purposes, including without limitation by providing Product information (such as Product updates and Content changes) and Product integration ideas. By accessing the Product and the Content, User consents to receive such communications.

Links to Other Web Sites

This site may include links to other Internet sites solely as a convenience to users. PaintGo.com does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Use of the Account

As the Register Member for an Account, you are entirely liable for all activities conducted through that Account, and are responsible for ensuring that any other person who uses the Account is aware of the terms of this Agreement and complies with this Agreement. Each person who uses the Account agrees to be bound by the terms of this Agreement, whether or not such person is a Member. You will notify us at info@PaintGo.com.com of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your User Name and password. We will have no liability for any circumstances arising from the unauthorized use of a User Name, Member's password or your Account. Any fraudulent, abusive, or otherwise illegal activity on your Account may be reported to appropriate law-enforcement agencies by us. You are solely responsible for providing all computer hardware, telephone and other equipment necessary to access the Service, including without limitation Internet access software and modems. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Service), you must promptly change your password and notify PaintGo.com.

Assignment

You acknowledge that the Renderings created using PaintGo shall be the property of PaintGo.com and you agree that, in consideration for using PaintGo services, you agree that all copyrights and other intellectual property rights in the Renderings are assigned to PaintGo.com. PaintGo.com shall have all rights of such ownership including the perpetual, worldwide right to reproduce, distribute, sell, display, perform, adapt and promote the Renderings in any medium. You waive any right to inspect or approve uses of the Renderings or to be compensated for any such uses and you waive any moral rights including rights of attribution. Subject to your compliance with and acceptance of this Agreement, PaintGo.com authorizes you to use PaintGo to view the Renderings on the Website and forward email links thereto only for your personal, non-commercial use.

Billing Policies

A. All subscriptions will be pre-paid. B. Revision to Subscription Fees. PaintGo.com reserves the right to change the amount of, or basis for determining, any fees or charges for the PaintGo.com service, and to institute new fees or charges effective upon prior notice, by posting such changes on PaintGo.com site, and by sending e-mails to members. C. Account Termination. Requests should be sent by e-mail to Customer Service at info@PaintGo.com.com. For more information, call Customer Service at 1-401-932-5586. Members who have pre-paid for an annual membership will not be given a refund for the unused portion of their membership. D. Payment Options. PaintGo.com accepts Visa, MasterCard and American Express.

E. Billing Security. PaintGo.com uses Secure Sockets Layer technology that sends your credit card data in encrypted code.

Communications

You agree to that your use of PaintGo.com shall be exclusively for your personal, non-commercial use. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any elements of the Content. Any information you provide to us, post or load onto the Website in general or onto PaintGo.com specifically or that you otherwise communicate to third parties using PaintGo.com services shall not be false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby agree not to upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes” or other such solicitations. You shall not “stalk” or otherwise harass any other Website user, participant in any of PaintGo.com programs or other third party using PaintGo.com. PaintGo.com respects the privacy rights of others and our Privacy Policy is incorporated herein. We request that you and anyone acting on your behalf do not disclose, load or otherwise provide any personally identifiable information or Content via PaintGo because such information and Content shall not be considered confidential or proprietary. Accordingly, we request that you use discretion in your communications and participation with the PaintGo services.

By loading or agreeing to have the Content loaded onto the Website, you agree that you will cooperate fully with us and comply with this Agreement at all times in a manner consistent with our current policies. You acknowledge that PaintGo.com shall determine in its sole discretion whether the Content adheres to the letter and spirit of such policies. You agree and represent that no character art, branding or logos, trademarked word marks, designs or otherwise, or likenesses thereof, the intellectual property rights of which belong to others, shall be uploaded, drawn, written and/or otherwise used in connection with any Content. You may not falsely state or otherwise misrepresent your affiliation with a person or entity in any way. PaintGo.com reserves the right at any time to change, modify, add to, discontinue or retire any aspect or feature of the Website or PaintGo including but not limited to storage of the Content, printing capabilities, access, server capacity or ability to use on any particular device or communications service. PaintGo.com has no obligation to provide you with notice of any such changes and shall have no liability therefore. You understand that your use of PaintGo and the Website is at your own risk and that PaintGo.com is under no obligation to provide assistance, error corrections, updates, upgrades, corrections and/or other enhancements of PaintGo services or the Website.

Termination and Effect of Termination.

a. Termination. PaintGo.com may terminate this Agreement immediately if: (i) the underlying Subscriber Agreement is terminated in accordance with its terms; (ii) User violates this Agreement; (iii) PaintGo.com believes in good faith that User's conduct violates or may violate applicable law; or (iv) PaintGo.com believes in good faith that the conduct of User is harmful to the interests of PaintGo.com or other subscribers or users. b. Effect of Expiration or Termination. Upon expiration or prior termination of this Agreement, and except for the continuing uses permitted described above, all rights granted herein shall terminate and revert to PaintGo.com and all access to and use of Product, the Website and the Content must cease.

User Warranties.

By accessing the Product and/or using the Content, User warrants as follows: (i) User will comply with the Agreement, as it may be amended pursuant to sections above; (ii) any materials User may merge with the Content, as permitted by this Agreement, do not and will not contain any libelous, unlawful or infringing materials or content, and will not infringe upon any party's proprietary rights, including but not limited to statutory or common-law copyright, trademark and right of privacy; (iii) the Product and the Content shall not be modified or altered under any circumstances; (iv) all copyright, trademark and proprietary notices included with, attached to or embedded in the Product or the Content will be maintained without modification, obstruction or deletion, including but not limited to proper attribution to PaintGo.com as the owner of the Product and the source of the Content; and (v) all Log-In Information shall be maintained confidentially.

The User Content

You agree and acknowledge that you shall not use the Website or PaintGo (i) as storage for remote loading or as a door or signpost to another home page, whether internal or external to PaintGo.com; (ii) to solicit for advertisers or sponsors; (iii) to conduct raffles or contests of any type; or (iv) to display a sponsorship banner of any kind, including those that are generated by banner or link exchange services. You agree not to upload, post or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware including PaintGo and the Website.You will be solely responsible for all elements of the Content loaded by or for you using PaintGo including but not limited to all drawings, designs, textual information digitally displayed on PaintGo (the “Renderings”) and other content such as email addresses, names and commentary on the Renderings (collectively, the “Content”) and the accuracy and propriety of the same. The Content, including any communications generated from it (via email mechanism or otherwise) shall not (i) be pornographic, obscene, indecent or of an “adult” sexual nature; (ii) violate or infringe upon the rights of any third party; (iii) be libelous; (iv) advocate or promote violence or conduct that constitutes a criminal offense; (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (vi) be harmful to children; (vii) give rise to a civil liability or (viii) otherwise be illegal. Recognizing the global scope of the Internet, you further agree to comply with all applicable laws regarding the transmission of electronic data exported from the country in which you reside.You acknowledge that PaintGo.com may (but is not obligated to) pre-screen content, and that PaintGo.com shall have the right (but not the obligation) in its sole discretion to reject or remove any element of the Content that is available through PaintGo services or any other part of the Website at any time, for any reason. Notwithstanding the foregoing, you agree that you must evaluate, and bear all risks associated with, the use of any of the Content.

Disclaimer Of Warranties; Limitation of Liability.

THE PAINTGO, CONTENT, WEBSITE AND ANY INFORMATION AND MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS”. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PAINTGO.COM, CONTENT OR WEBSITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF PAINTGO OR THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT VIRUSES, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS OR VIRUSES. SOME JURISDICTIONS DO NOT ALLOW SUCH EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless PaintGo.com, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.

Restrictions on the Use of Material

The materials on PaintGo.com are owned or licensed by PaintGo.com, and are protected by various laws, including trademark and copyright laws. No material may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, but members may download or print copies of the materials for personal, non-commercial home use only, provided that they maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including the use of any such material on any other website or networked computer environment) is a violation PaintGo.com's copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom PaintGo.com has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to PaintGo.com.com In the event you download software from PaintGo.com, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the "Software"), are licensed to you by PaintGo.com. PaintGo.com, or our contract partners, does not transfer title to the Software to you. PaintGo.com, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

Jurisdictional Issues

PaintGo.com makes no representation that materials on PaintGo.com are appropriate or available for use in all locations. Those who choose to access PaintGo.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from PaintGo.com is further subject to United States export controls. No software from PaintGo.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.