PLEASE READ THESE TERMS CAREFULLY. By using the General Paint Web site at generalpaint.com or www.generalpaint.com or by otherwise accessing any content found on this Web Site, you are deemed to have entered into an agreement with General Paint and have agreed to be bound by the terms set out below. If you violate any of the Terms your permission to use this Web Site automatically terminates. The Web Site is owned and operated by General Paint.
2. Changes to these Terms
3. Use of General Paint content and intellectual property protection
4. User postings
5. Use policies
6. Linking to the Web Site
7. Links to third-party sites
9. Claims of copyright infringement
11. Disclaimer of Warranties
12. Limitation of Liability
13. Privacy Notice
1. Definitions. As used in these Terms:
• "Web Site" means the generalpaint.com (www.generalpaint.com) Web site.
• "We," "Our," "Us" and "General Paint" refer to our company, General Paint.
2. Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site. If you do not agree to be bound by changes to the Terms, you should not use the Web Site any further after the changes in question are published. These Terms were last revised on April 30, 2008.
3. Use of General Paint content and intellectual property protection.
3.1. Material on the Web Site, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the "Materials"), is owned by Generall Paint or third-party licensors. General Paint and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how – Contact firstname.lastname@example.org for specific trademark information on the emblem or other proprietary details). Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the express written permission of General Paint. Requests for permission for uses not authorized by these Terms may be sent to:
950 Raymur Avenue
Vancouver, BC V6A 3L5
Or emailed to email@example.com
3.2. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of these Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any meta tags or any other similar hidden text utilizing General Paint's name or trademarks.
3.3. If you violate any of this Section 3, your permission to use the Materials and the Web Site automatically terminates and legal action may be implemented to recuperate losses expressed or implied.
4. User Postings.
4.4. As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) General Paint a royalty-free, perpetual, irrevocable, nonexclusive and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed whether a profit is realized or otherwise.
4.5. We do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor do we endorse any opinions expressed by any users. You may rely on material posted by other users only at your own risk. We are not obligated to screen or monitor materials posted on this Web site and you may not assume that posted materials are reviewed, authorized and/or acknowledged as accurate.
4.6. We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to us at firstname.lastname@example.org. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the Web Site.
4.7. Any General Paint affiliated organization, company and/or employee may submit an advertisement, subject to the terms and conditions of this General Paint Web site for inclusion. Commercial advertising by for-profit organizations as well as advertising personal business products or services is prohibited unless a contractual agreement is signed by both parties. No solicitation is allowed. General Paint does not check or verify information submitted; inclusion does not imply endorsement. General Paint and/or its divisions make no representation regarding the validity of neither information submitted nor the quality of items listed. General Paint shall not be liable, expressly or implied, for misinformation, typographical errors or misprints in the ads, misrepresentation of items, or damages experienced by anyone using this site or the information contained within. General Paint reserves the right to delete, without notice, any advertisement considered inappropriate by General Paint.
5. Use Policies. You may not do any of the following while using the Web Site:
• Interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
• Interfere with another user's use and/or enjoyment of the Web Site;
• Upload any message, information, data, text, software, graphic files or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable;
• Upload content that contains a virus, corrupted file, or other harmful component;
• Impersonate any person or entity, including, but not limited to, General Paint personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
• Upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
• Upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
• Upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
• Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another's use of the Web Site; or
• Upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
6. Linking to the Web Site.
You may provide a link on your site to the General Paint Web Site subject to the following requirements:
• You may not frame or alter the appearance or visual presentation of the Web Site.
• You may not state or imply that we endorse, sponsor or otherwise approve your site or any other sites, unless authorization is expressly provided in writing by an officer of General Paint. Links to the Web Site may not be used in a way that implies or suggests that we approve or endorse you, your Web site or your goods and services, unless authorization is expressly provided in writing by an officer of General Paint.
• Links may be text-based using the words: "General Paint or "generalpaint.com" or graphics supplied and certified by General Paint’s Marketing Department and only upon review and written approval for the use by an officer of General Paint.
• You may not use the General Paint logo on any site that disparages us or any of our affiliates, or presents false information about us or any of our affiliates.
• You may not use the General Paint logo as a predominant feature of your site. At a minimum, this means that the General Paint logo must appear smaller than your Web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
• You may not use the General Paint logo in any manner that would adversely affect the name, reputation or goodwill of General Paint, or use the General Paint logo on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, that may be invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable.
• You may not use the General Paint logo on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
• We will have no responsibility or liability for any content appearing on your Web site. You agree to defend, indemnify and hold harmless General Paint and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your Web site. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
• By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the General Paint logo and other General Paint marks and logos belong to General Paint. In addition, you acknowledge the validity of Generall Paint's ownership to the General Paint logo and other General Paint marks and logos and will not contest such ownership or the validity of any registrations of General Paint relating to such marks and logos. You agree that use of the General Paint logo shall inure to the benefit of General Paint. If you happen to obtain any rights or goodwill in the General Paint logo, you agree that all such rights and goodwill will automatically vest in General Paint and you will take all actions necessary to establish such vesting.
• You are prohibited from using General Paint marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of General Paint.
• We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.
Subject to these Terms and your compliance with the above requirements, General Paint agrees to grant you, upon receipt of expressed written permission, a limited, non-exclusive, non-transferable, royalty-free license to use the General Paint logo solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the General Paint logo set forth in this paragraph, you may not use any of the General Paint logo, trademarks or service marks for any other reason without the express written permission of General Paint. General Paint may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the General Paint logo and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the General Paint logo. Without limiting the foregoing, if you violate any of this Section 6, your license to use the General Paint logo and your right to link to any pages on the Web Site automatically terminates. Thereafter, any future links to the Web Site will require the express written permission of General Paint.
8. Submissions. We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to General Paint of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. General Paint will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to General Paint, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
9. Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the General Paint Marketing Department at email@example.com.
10. Indemnification. You agree to defend, indemnify and hold harmless General Paint and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees), expressed or implied arising from or relating to your use of the Web Site or the Materials, material that you post to the Web Site or otherwise provide to General Paint, or your breach or violation of these Terms. General Paint reserves the right to defend any such claim, and you agree to provide General Paint with such reasonable cooperation as it may request.
11. Disclaimer of Warranties.
11.1. THE WEB SITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, GENERAL PAINT, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
11.2. You understand and agree that: (a) we are not responsible for the timeliness, mis-delivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Web Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Web Site; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Web Site; and (e) the information on the Web Site may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
11.3. You understand and agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us.
12. Limitation of Liability. IN NO EVENT SHALL GENEERAL PAINT, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE GENERAL PAINT LOGO, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GENERAL PAINT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.