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Terms & Conditions

Welcome to the FashionPaint USA web site at http://www.fashionpaintusa.com and the FashionPaint USA web store at http://store.fashionpaintusa.com (the “Site”). By accessing, using or viewing our Site or any of its services, products, functions or contents, You agree to each of the following terms and conditions and notices (the “Terms”) which govern Your use of the Site and Your purchase of Products and/or Services on the Site.

Intended Audience

Unless otherwise specified, the Materials are presented solely for the purpose of promoting Products and/or Services available in the United States and its territories and possessions. FashionPaint USA makes no representation that Materials contained on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

FashionPaint USA does not intend its Site, Products and/or Services to be used by individuals under the age of 18 without the supervision of a parent or legal guardian. FashionPaint USA relies upon parents or legal guardians to determine if the Site, Products and/or Services are appropriate for the viewing, access, or purchase by such individuals under 18 years of age. If an individual under the age of 18 uses the Site, Products and/or Services, such individual may only do so under the supervision of a parent or legal guardian.

Site Access

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent.  This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools.  The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without our express, prior written consent.  You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.

Products and Services

The Products and/or Services made available by FashionPaint USA and its suppliers on this Site are intended for Your use only. You may not assign, transfer, re-market, resell or otherwise dispose of, such Products and/or Services without obtaining FashionPaint USA’s prior written consent. FashionPaint USA and its suppliers may cancel or modify purchases on the Site if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears the purchase contains or has resulted from a mistake or error.

The prices displayed on the Site or in any Materials provided by FashionPaint USA are quoted in U.S. Dollars, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to Your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to Your order. Products will be sold only for use in countries where the products are compliant with all local, state/provincial and federal laws and any violation of this will void the product warranty.

Other terms and conditions included on the Site, including return and shipping policies, may apply to Your purchase and are incorporated by reference herein.

If You make a purchase from the Site, You are transacting with FashionPaint USA LLC and ownership of any purchased items transfers to You immediately upon shipment. If You make a purchase from any third parties advertised on or linked to from the Site, You are not purchasing a product or service from FashionPaint USA. You agree that neither FashionPaint USA or any of its affiliated companies shall be responsible for or liable for any loss or damage of any sort incurred as the result of any purchases made from third parties advertised on or linked to from the Site.

Submissions

In the event that we provide users with any venues to submit opinions, reviews, ratings, information, ideas, suggestions, concepts, videos, audio content, or other material (collectively, "Submissions") on the Site (collectively, "Venues", and including, but not limited to, Wish List pages, rating and review pages, bulletin boards, chat rooms, surveys or invitations to e-mail FashionPaint USA with questions or comments), You agree and warrant that any such Submissions are original with You and are accurate and current. You agree and warrant that You will not submit any Submission that is unlawful, harmful, harassing, threatening, abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar, indecent, sexually explicit or otherwise objectionable, or that would constitute a criminal offense, give rise to civil liability, violate any third party's rights of privacy or publicity or otherwise violate any applicable law or right. You agree and warrant that You will not submit any Submission that is protected by copyright, patent, or other proprietary rights without obtaining permission of the owner of such rights. You agree and warrant that the Venues will not be used by You for any commercial purposes. You agree and warrant that You will not submit any Submission to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You further agree that all "moral rights" that You may have in any submitted content have been voluntarily waived by You.

You agree that any Submissions submitted by You to the Site through the Venues or otherwise will be deemed non-proprietary and non-confidential, and may be used by FashionPaint USA without restriction. Without limiting the foregoing, by offering any Submissions through the Sites, You grant to FashionPaint USA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce, modify, edit, publish, display, perform, adapt, distribute, sublicense and otherwise use and exploit such Submissions (and any and all proprietary rights therein that You may have) in any and all forms and media, now or hereafter discovered, without compensation or attribution to You.

FashionPaint USA reserves the right, in our sole discretion, to edit any Submission, and to choose to include or not include such Submission in any Venue for any reason. We are not responsible for screening, monitoring or verifying any Submissions. Any opinions, statements or other material expressed or posted by third parties are those of such third parties and not of FashionPaint USA. FashionPaint USA does not endorse, and shall not be responsible or liable for, any such opinion, statement or other material posted on or accessible through the Site.

Registration

You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products, using the online shopping cart, or using our rating and review or Wish List pages. If You choose to register on the Site, or if You otherwise provide information on the Site, You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Site, and (ii) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If You provide any information to FashionPaint USA that is false, inaccurate, outdated or incomplete, or FashionPaint USA has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, FashionPaint USA has the right to suspend or terminate Your account and to prohibit any and all current or future use of the Products and/or Services (or any portion thereof) by You.

Member Account and Password

If You choose to register for an account with FashionPaint USA, You will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (i) immediately notify FashionPaint USA of any unauthorized use of Your password or account or any other breach of security, and (ii) ensure that You exit from Your account at the end of each session. FashionPaint USA (and its affiliated companies) cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

Payments

You represent and warrant that if You are purchasing something from FashionPaint USA that (i) any credit information You supply is true and complete, (ii) charges incurred by You will be honored by Your credit card company, and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes.

Termination of Usage

We may terminate Your access or suspend Your right to access all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

Privacy Policy

Any registration or other information You provide to FashionPaint USA is subject to our Privacy Policy. You acknowledge and agree that You have read and consent to the terms of the FashionPaint USA Privacy Policy, which is incorporated by reference herein.

Third Party Content

The Site may include links to other web sites or contain content from third parties. FashionPaint USA provides such links and content solely as a convenience to You and for informational purposes only. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by FashionPaint USA. FashionPaint USA is not responsible for the content, accuracy or opinions expressed within third-party web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by FashionPaint USA. If You decide to leave our Site and access these third-party web sites, You do so at Your own risk.

Errors, Corrections and Changes

The Site and any other materials provided by FashionPaint USA may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. FashionPaint USA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

The prices and availability of products on the Site may change without notice to You at any time at FashionPaint USA’s sole discretion. FashionPaint USA has the right to refuse or cancel any orders placed for a product listed with an incorrect price, whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, FashionPaint USA shall promptly issue a credit to Your credit card account in the amount of the charge.

Copyrights

The Materials on this Site are Copyright © 2009-2010, FashionPaint USA LLC. ALL RIGHTS RESERVED. You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.  If no specific restrictions are displayed, You may make copies of select portions of the Content, provided that the copies are made only for Your personal use and that You maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks

FashionPaint USA, FashionPaintUSA.com, the bi-colored logo, all images and text are registered, pending or unregistered service marks, trademarks and/or trade dress of FashionPaint USA. All other trademarks, product names, company names, or logos cited herein are the property of their respective owners.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Disclaimer

YOUR USE OF THE SITE, PRODUCTS AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, FASHIONPAINT USA, OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, THIRD PARTY SUPPLIERS OF INFORMATION AND DOCUMENTS, ATTORNEYS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES (COLLECTIVELY “AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, FASHIONPAINT USA MAKES NO WARRANTY THAT (i) THE SITE, PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, PRODUCTS AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, PRODUCTS AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FASHIONPAINT USA OR THROUGH OR FROM THE SITE, PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT IN NO EVENT SHALL FASHIONPAINT USA, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS SITE OR THE PERFORMANCE OR NON-PERFORMANCE BY FASHIONPAINT USA OR ANY THIRD PARTY PROVIDERS OF PRODUCTS AND/OR SERVICES RELATED TO THIS SITE.

Indemnification

You agree to indemnify, defend and hold harmless FashionPaint USA and its Affiliated Parties from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with Your access to or use of the Site, the Materials and the Products and Services.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to You to obtain information or documents or access secured portions of the Site is not transferable or assignable.

Applicable Law

Any disputes arising out of or related to the Site, these Terms or any transaction with FashionPaint USA shall be handled individually without any class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota within the United States of America. FashionPaint USA makes no representation that the Terms comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Modification of Terms

FashionPaint USA reserves the right to update or modify these terms and conditions at any time without notice. Your continued use of the Site will constitute Your acceptance of any such amendment, modification or supplement to the Terms. For this reason we recommend You review these Terms whenever You use the Site.

Acknowledgement

By Your use of the Site and Your purchase of products and services on the Site, You acknowledge that You have read these Terms and agree to be bound by them.


Last Updated: December 29, 2009