Terms & Conditions
LAST REVISED: FEBRUARY 28, 2018
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED IN SECTION 11) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 11 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREMENT ALSO INCLUDES A CLASS ACTION WAVIER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVDUALLY AND NOT AS A PART OF A CLASS ACTION.
You agree that Social Paint may, in its sole discretion, and at any time, terminate or suspend its operation of the Site or your use of the Site, without prior notice to you, for any reason that Social Paint, in its sole discretion, deems appropriate. You further agree that Social Paint will not be liable to you or to any third party for the consequences of such termination or suspension. In the event of any termination of your use of or access to the Site, you agree that the provisions of the Agreement regarding protection of intellectual property rights and licenses, indemnification, disclaimer regarding information provided on the Site, disclaimer of warranties with respect to use of the Site, limitation on Social Paint’s liability, and pre-dispute, mandatory binding arbitration, and class action waiver shall survive any such termination.
- USE OF THE SITES
In order to use the Site, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian’s consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming either that you are at least 18 years old or that you are at least 13 years old and have your parent or guardian’s consent.
- NO WAIVER
- DISCLAIMERS & WARRANTIES
Content on the Sites is provided for entertainment purposes only.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCIAL PAINT AND THE SITE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SOCIAL PAINT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE OPERATION OF THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (C) ANY PARTICULAR RESULTS WILL BE OBTAINED FROM THE USE OF THE SITE; OR (D) THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. THE SITE MAY INCLUDE (OR INCLUDE LINKS TO) CONTENT PROVIDED BY THIRD PARTIES. ALL STATEMENTS EXPRESSED IN THESE MATERIALS AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY SOCIAL PAINT ITSELF, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF SOCIAL PAINT. WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
SOCIAL PAINT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THE SITE, EVEN IF SOCIAL PAINT OR ONE OF ITS AFFILIATES OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SOCIAL PAINT’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 TO SOCIAL PAINT, IF ANY, FOR ACCESSING THE SITE. 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.
- OUR USE OF CONTENT
Social Paint will consider anything you provide to it or contribution or post to the Site as available for our use free of any obligations to you, except where solicited or invited submissions are expressly governed by additional terms appearing elsewhere on the Site, in which case those additional terms will determine how we treat your solicited or invited submissions.
- PROHIBITED USES
- In any way that violates any applicable federal, state, local, international law or regulation, or professional rules or standards (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam”, or any other similar solicitation;
- To impersonate or attempt to impersonate Social Paint, a Social Paint employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and/or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which, as determined by us, may harm Social Paint or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, or access any equipment or network on which the Site are stored or operated or any software used in the operation of the Site or any equipment or software operated by any third party;
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or router that interferes with the operation, performance or output of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the servers on which the Sites are stored, or any servers, computers, or databases connected to the Site;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and/or
- Otherwise attempt to interfere with the operation, performance or output of the Site.
- LINKS TO THIRD PARTY WEBSITES
The Site includes links to various third party websites. Social Paint is providing these links solely as a convenience. Such linked third party websites are not under the control of Social Paint. We have not reviewed all of the third party websites linked to/from the Site and are not responsible or liable for the contents available at any such third party linked websites. The appearance of third party linked websites to/from the Site do not imply Social Paint’s endorsement of the third party linked websites, its sponsors or any products or services offered on the third party linked websites. Use of the third party linked websites is at your own risk.
- APPLICABLE LAWS & JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.
Social Paint owns and controls the Site (excluding third party linked sites) from its corporate offices within Los Angeles, California, United States of America. Social Paint makes no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions.
- DISPUTES: ARBITRATION AGREEMENT, TIME LIMITATION, & CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
You acknowledge and agree that before initiating any claim against Social Paint, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by U.S. Mail to Social Paint LLC, 335 South Orange Drive, Los Angeles, California 90036. You agree to negotiate with Social Paint in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after Social Paint’s receipt of your written dispute, you agree to the dispute resolution provisions below.
Any dispute or claim relating in any way to your use of the Site, to your purchase or use of any Social Paint’s produce will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
You and Social Paint each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you and Social Paint agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Attn: General Counsel, 335 South Orange Drive, Los Angeles, California 90036. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 USD unless the arbitrator determines the claims are invalid or frivolous. Likewise, Social Paint will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are invalid or frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another location that is mutually agreed upon.
If for any reason a claim proceeds in court rather than in arbitration, the parties waive any right to a jury trial, unless such waiver is unenforceable. The parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and Social Paint agree to commence any arbitration proceeding within 1 year after the claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after 1 year shall be barred.
You agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
In order to avoid irreparable injury to Social Paint, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Social Paint from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
- INTELLECTUAL PROPERTY
The Site and Content are the property of Social Paint, and its licensors and are protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Social Paint at the Site or elsewhere are reserved to Social Paint and its licensors. You acknowledge that content available through the Site including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, including content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted only a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Site for the sole purpose of using or placing an order via the Site, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Social Paint’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
- PURCHASING PRODUCTS ON THE SITES
Social Paint reserves the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. Social Paint takes reasonable precautions to try to ensure that the prices quoted on the Site are correct, and to describe the items available on the Site as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that Social Paint does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Site will match the actual product that you receive. If a product described on the Site is not as described when you receive it, or the packaging on the Site does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return-Policy, which is listed on the Site. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Site and to correct errors once discovered. Social Paint reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
- HEADINGS FOR CONVENIENCE ONLY