WEBSITE TERMS AND CONDITIONS
This website is provided by Paint Your Dreams, LLC (the “Company,” “we,” “us,” or “our”) a Kentucky limited liability company. Your access and use of the website features and services (the “Website”) is subject to the following Terms and Conditions (“T&C”) and we regard you accept these T&C in full when using the Website. Every agreement or undertaking by the Company is expressly conditioned on your assent to these T&C. If you do not agree with all the following T&C, you must not use this Website.
PRIVACY AND PERSONAL INFORMATION
The Company respects your privacy, and in turn asks you to respect the privacy of the other people that use the Website (the “Participants”). While you are free to discuss your personal experiences from our Website, you must keep the experiences and any statement, oral or written, of the other Participants in the strictest of confidence.
INTELLECTUAL PROPERTY RIGHTS
You agree that the Website contains proprietary information and material that is derived in whole or in part from material owned by the Company and/or its licensors and affiliates (the “Content”), and is protected by U.S. and international copyright, trademark and other intellectual property law. No Content (including but not limited to the text, images, audio and/or video) may be copied, reproduced, duplicated, stored in a retrieval system, transmitted, or distributed in any form or by any means without the prior express written consent of the Company. The Content may not be modified or altered in any way. For permission to use the Content of this Website in any way, please contact us at firstname.lastname@example.org.
ANY USE OF THE WEBSITE’S CONTENT NOT EXPRESSLY PERMITTED IN THESE T&C IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR ITS LICENSORS AND AFFILIATES.
The Company cannot guarantee that the Content of this Website has not been affected by technical malfunctions or unauthorized tampering. The Content is subject to change without notice, and the Company may alter or delete Content at any time. The Website may become unavailable due to maintenance or malfunction of computer equipment or other reasons. Content may only be used for non-commercial, personal informational purposes.
DISCLAIMER OF WARRANTIES
The Content on this Website is provided on an “AS IS” and “AS AVAILABLE” basis, without warranty of any kind, whether express or implied, including but not limited to, warranties of title, implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, completeness, availability, and compatibility, to the fullest extent permitted by law. Specifically, but without limitation, the Company does not warrant that: (i) the Content on this Website is correct, accurate, reliable or complete; (ii) the functions contained on this Website will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this Website or the server(s) that makes it available are free of viruses or other harmful components. USE OF THIS WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
The Company has provided this Website “AS IS” and under no circumstances shall the Company or any of its affiliates, subsidiaries, employees, officers, directors, representatives, or agents be liable to you or anyone else for any direct, indirect, incidental, special, punitive, or consequential damages resulting from (i) the use of or your inability to use the Website; (ii) the conduct or actions, whether online or offline, of any Website Participant; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the Content or the Website. In no event shall our total liability to you, whether in contract, warranty, tort (including negligence) or otherwise, exceed the amount paid by you, if any, or $100, whichever is less.
SALES AND PURCHASES
The Website offers certain products for sale directly to you, subject to additional Terms of Purchase.
MEMBERSHIP AND SUBSCRIPTION FEES
The Company offers premium Content that requires a paid membership, subject to additional Membership Terms.
LINKS TO THIRD PARTY SITES
This Website may provide links to third party websites or resources as a convenience to you. The appearance of any third party link does not constitute an endorsement by the Company of the opinions or views express by those third party websites. The Company has no control over the quality, suitability, availability, or legality of any linked website, and the Company is not responsible for the content of any linked website. You hereby waive any claim against the Company with respect to all third party websites. Your linking to any third party website is at your own risk, and you are responsible for learning about and complying with all terms and conditions posted on any third party website.
OTHER TERMS AND CONDITIONS
Governing Law. These T&C shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky without regard to Kentucky’s conflict of law principles. You agree to submit to the jurisdiction of any state court located within Bourbon County, Kentucky, and irrevocably agree that all actions or proceedings related to these T&C will be litigated in such courts.
Binding Effect. The T&C shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties.
Termination. The Company, in its sole discretion and without notice to you, reserves the right to terminate these T&C if you fail to comply with any of the provisions of these T&C. Your obligations to the Company under these T&C will survive expiration or termination of the T&C for any reason. You agree that the Company shall not be liable to you or any third party in the event of termination.
Changes. The Company reserves the right at any time to modify the T&C and to impose new or additional terms or conditions on your use of the Website. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these T&C. Your continued use of the Website will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s Website, or you may be notified by either e-mail or postal mail.
Entire Agreement. The T&C are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and the Company with respect to the subject matter hereof. By using the Website, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within the T&C. Any ambiguities in the T&C shall not be construed against the Company.
Waiver. No failure to exercise and no delay in exercising any right, remedy, or power under the T&C shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under the T&C preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
Severability. If for any reason any provision of the T&C is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the T&C nevertheless shall be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the T&C.
Updated: April 3, 2020