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If you do not agree to the Terms of Use,
discontinue using the site immediately! By using this site, you signify your Assent and Agreement to these Terms
of Use. If you do not agree to these Terms of Use, do not use the site.
This Terms of Use and Service is effective starting April 2, 2009.
Quick
Overview on License Rights
Ownership, License, & Use
Individual & Multi-user Licenses
Submitting Your Online Material to Us
Liability & Indemnification
Links and Marks
Confidentiality of Codes, Passwords and Information
Updates to Terms of Use
Other Legal Stuff
Termination
Quick
Overview on License Rights
You are purchasing a "License to Use" these templates and any assisted
materials for your
creativity &
not for "Copyright Ownership" to sell the actual templates or
assisted materials
themselves. This Overview is to be used on conjunction with the Detailed Version
of
Ownership, License, & Use
below.
Ownership, License,
& Use
1. Ownership
Materials on this website online, whether in
real life, downloaded, in electronic form, in software or printed hard copy
form, broadcasted through whatever medium, any promotional marketing means,
are text or pictorial entities considered to be material Copyrighted and all
rights are reserved, belonging to Ruth
Collis/www.PaintingTemplates.com.
Text, graphics, databases, HTML code, and
other intellectual property are protected by US and International Copyright
Laws, and may not be copied, reprinted, published, reengineered, translated,
hosted, modified, transmitted, reused, re-posted, or otherwise distributed by any means without explicit permission.
All of the trademarks on this site are trademarks of PaintingTemplates.com
or of other owners used with their permission. All usage rights are
owned and controlled by PaintingTemplates.com.
All downloaded Materials and Online Materials
on the PaintingTemplates.com site, including, without
limitation, are copyrighted intellectual property consisting of the
following:
Art
Painting Templates,
designs, line art, line drawings, illustrations, shaded grayscale renderings or photos
of the renderings, colored or painted in real life or through computer
coloring/editing programs, graphics, ebook cover designs..........
Photographs
Color photographs, grayscale photographs, black and white photographs, black
and white contrast photographs, photographs of any color, raw or edited
photographs, images, photos..........
Video
instructional videos, slide shows, ebook covers with their designs, audio clips,
video clips, music..........
Text
Text, ebook contents, informative reports, databases, HTML code, software,
names, logos, trademarks, service marks, trade names..........
Any reference material for creative
assistance, gift, free bonus, all of the above, and all other intellectual property
and compilation of any kind may not be
used as your own right of ownership or to sell. These things are used to
assist creative learning through "license" to you to use, but the rights of
"ownership" of these items are under and owned by the Ruth
Collis/PaintingTemplates.com copyright. You may use, but not own.
2. Home/Personal Use
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it,
is considered licensed to you by PaintingTemplates.com or third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell the
material or to reverse-engineer, disassemble or otherwise convert it to any
other form that people can use, nor are templates and assisted material to be given away free to anyone whether in downloadable or
electronic form, printed material, nor is the download link for these
designs to be published, sold as a link to another, posted for free in a forum, copied and transferred, nor given
away in whatever form. You bought the license; it's meant for you alone.
Multi-user licenses purchased for a group may be posted where only the group
has access, and not the public.
If you want a friend or association to have one of these template
designs,
refer them to the
www.PaintingTemplates.com website, to
buy or sign up for offers just as you did.
Teachers*, families, clubs, organizations,
or more than one persons may be allowed to copy templates in multiple, upon
purchasing a multi-user license, only for the creative education of
students, and personal use, but not for resale, nor any portion of
PaintingTemplates.com templates, photos, or all materials mentioned or not
mentioned in this Terms of Use notice.
*While PaintingTemplates.com is geared for
adult persons 18 years or older, PaintingTemplates.com would encourage
teachers to have an adult parent or legal guardian of students access
this site and it's resources, but not make it mandatory, as some may express
caution of online purchasing safety, and PaintingTemplates.com chooses to be
a download only site. PaintingTemplates.com
only teams with trusted solutions that encrypt and take seriously sensitive
customer data. However, we choose to respect the wishes of those expressing
these concerns.
Note: For commercial use, where
you can use PaintingTemplates.com designs to generate income, please express
detailed interest through email to contact@paintingtemplates.com. This may
be a future option, however, all mention in this Terms of Use is currently
for personal/education use only.
3. Use
You, the purchasing visitor, may
download Online Materials for non-commercial, personal use only provided you
1) retain all the copyright, trademark and propriety notices, 2) you make no
modifications to the materials in calling them your own or sell as your own, 3) you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands, and 4) you
do not download quantities of materials to a database, server, or personal
computer for reuse for commercial purposes.
You may not copy,
reproduce, republish, upload, post, transmit or distribute Online Materials
in any way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content on
the PaintingTemplates.com site. Any attempts to modify any Online Material,
or to defeat or circumvent our security features is prohibited. Purchased
templates are for your personal use only, or for students for those
purchasing the multi-user license. The templates themselves are not for
resale or re-gifting to others.
Those items clearly marked as free to take
or give away, such as unpurchaseable screensavers or promotional giveaway
only items, may be given as gifts, and used to offer as a giveaway to your
list; but NOT PURCHASEABLE ITEMS.
PaintingTemplates.com warrants, and you accept, that
PaintingTemplates.com is the owner of the copyright of the Databases of
Links to articles and resources available from time to time through http://paintingtemplates.com/.
PaintingTemplates.com and its contributors reserve all rights and no
intellectual property rights are conferred by this agreement.
PaintingTemplates.com grants you a non-exclusive, non-transferable
license to use database(s) accessible to you subject to these Terms and
Conditions. The database(s) may be used only for viewing information or for
extracting information to the extent described below.
You agree to use information obtained from PaintingTemplates.com's
databases only for your own private use or the internal purposes of your
home or business, provided that is not the selling or broking of
information, and in no event cause or permit to be published, printed,
downloaded, transmitted, distributed, reengineered, or reproduced in any
form any part of the databases (whether directly or in condensed, selective
or tabulated form) whether for resale, republishing, redistribution,
viewing, or otherwise. Nothing herein shall authorize you to create any
database, directory or hard copy publication of or from the databases,
whether for internal or external distribution or use. You may not
sub-license, or charge others to use or access the PaintingTemplates.com
site or materials, nor be referred to or listed on eBay or any like auction
sites. No person or company may charge a fee for the distribution of
PaintingTemplates.com material, nor may be bundled or distributed with any
other package.
Individual & Multi-user
Licenses
All prices shown are for an individual user license, unless a multi-user
license is otherwise shown for purchasing, which are for families, teachers,
organizations, or more than one persons.
Those purchasing Individual licenses may download one copy for their
computer, and make a backup copy. Those purchasing Multi-user licenses may
download and make more than one copy for multiple computers, but not use for
resale.
Upon you purchasing material
from this site, PaintingTemplates.com grants you a personal, non-exclusive,
non-transferable limited and revocable license for creative personal or
educative purposes in accordance with these Terms and Conditions of Use,
provided you comply and remain in compliance with this Agreement. We reserve
all other rights to the PaintingTemplates.com products or services..
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to PaintingTemplates.com through our site, regular mail, or
any form of communicating with us (other than
information we promise to protect under our privacy policy) becomes and
remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential. You do not have legal right to using ideas you
submit to us. If we use them, or anything like them, we don’t have to pay
you or anyone else for them. We will have the exclusive ownership of all
present and future rights to submissions or posts you make of any kind. We
can use them for any purpose we deem appropriate to our
PaintingTemplates.com mission, without compensating you or anyone else for
them, including reproduce it, disclose it, transmit it, publish it,
broadcast it, and post it someplace else. We can even use any ideas,
concepts, know-how, or techniques you post any way we want to, including,
developing, manufacturing and marketing products or other stuff using the
information you submit.
You acknowledge that you are responsible for any
submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright; however, we are allowed to use
any material you submit.
Liability & Indemnification
1. Liability
The materials in this site are provided "as is" and without warranties of
any kind either explicit or implied. PaintingTemplates.com, its suppliers,
and affiliates disclaim all
warranties, explicit or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
PaintingTemplates.com does not represent or warrant that the functions contained in the
materials will meet your requirements or that their use will be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it available are free
of viruses or other harmful components. PaintingTemplates.com does not
warrant or make any representations regarding the use or the results of the
use of the materials in this site in terms of their correctness, accuracy,
reliability, or otherwise. You (and not PaintingTemplates.com) assume the
entire cost of all necessary servicing, repair or correction.
PAINTINGTEMPLATES.COM WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR
ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, LOSSES, LOST PROFITS, LOSS OF INFORMATION, BUSINESS
INTERRUPTION, INJURY, CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE),
OR ANY OTHER DAMAGES, COSTS OR LOSSES THAT ACCOMPANY OR RESULT FROM YOUR USE
OF ANY OF THIS SITE OR MATERIALS.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR
SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A
LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR BOTH.
2. Indemnification
You agree to indemnify, defend, and hold harmless PaintingTemplates.com and its officers,
employees, shareholders, directors and suppliers against all claims,
liability, damages, costs and expenses, including reasonable legal fees and
expenses, arising out of or related to a breach of this Agreement, the use
of this site and the use or the inability of use of any template, image, or
material, your failure
to abide by any restriction regarding the use of any template, image, or
material, or any claim by a
third party related to the use of an any template, image, or material.
Facts and information at this website are believed to be
accurate at the time they were placed on the website. Changes may be made at
any time without prior notice. All data provided on this website is to be
used for information purposes only. The information contained on this
website and pages within, is not intended to provide specific legal,
financial or tax advice, or any other advice, whatsoever, for any individual
or company and should not be relied upon in that regard. The services
described on this website are only offered in jurisdictions where they may
be legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made available to
PaintingTemplates.com and such information should not be relied upon as
all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may
be linked to this site and is not responsible for their content. The linked
sites are for your convenience only and you access them at your own risk.
Links to other websites or references to products, services or publications
other than those of PaintingTemplates.com and its subsidiaries and
affiliates at this website, do not imply the endorsement or approval of such
websites, products, services or publications by PaintingTemplates.com or its
subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases
at this website may constitute trade names, trademarks or service marks of
PaintingTemplates.com or of other entities. The display of trademarks on
this website does not imply that a license of any kind has been granted. Any
unauthorized downloading, re-transmission, or other copying of modification
of trademarks and/or the contents herein may be a violation of federal
common law trademark and/or copyright laws and could subject the copier to
legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber
Code, username, user ID, or password which you may have received from
PaintingTemplates.com, and all information to which you have access through
password-protected areas of PaintingTemplates.com's websites and will not
cause or permit any such information to be communicated, copied or otherwise
divulged to any other person whatsoever.
Updates to Terms of Use
We may change this Privacy Policy from time to time, so be sure to check
back periodically for changes. PaintingTemplates.com reserves the right to issue revisions to these Terms
of Use by publishing a revised version of this document on this site: that
version will then apply to all use by you following the date of publication.
Your continued use of our site,
purchases,
subscription, or use of recommended products,
will mean you accept those changes and will apply to every access to http://paintingtemplates.com/. Each access of information from PaintingTemplates.com will be a separate,
discrete transaction based on the then prevailing terms.
Other Legal Stuff
1. Sub-contracting
This Terms of Use and the license granted may not be assigned or sublet
by you without PaintingTemplates.com's written consent in advance. You may
NOT register domains using our trade name, nor claim ownership of the
PaintingTemplates.com trade name.
2. International Use
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws, as well as the
terms stated here to protect this site and the ongoing operation of it.
3. Viruses
You agree not to use or assemble any
PaintingTemplates.com photo, template, file or any kind of material to send anyone a virus,
malware, or
related destructive entity.
4. Pornography
You may not use the PaintingTemplates.com templates
or any material for pornographic matters of any kind, enhancing sexual products,
or used in a manner that promotes/spreads hate or discrimination, to defame or
victimize other people,
societies, cultures, violence, or destructive means, unlawful or other immoral
purposes, etc. distribute, publish, or whatever would cause a bad association to
the name of PaintingTemplates.com that strives to uphold a professional standard
and benefit the lives of other people through this downloadable art template
service.
5. Disputes
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the California, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
PaintingTemplates.com and/or its affiliates' intellectual property rights,
PaintingTemplates.com and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of California,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the following
location: Rancho Cucamonga, California.
Any costs and fees
associated with the mediation is not the responsibility of
PaintingTemplates.com.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at
the following location: Rancho Cucamonga, California, under the rules of the
American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or
in part, the remaining provisions of this Agreement shall not be affected
thereby.
6. English Language
These Terms and Conditions of Use were negotiated and written in English.
Any inconsistency between the Terms and Conditions of Use as expressed in
English and any other language shall, to the full extent permitted by
applicable law, be resolved by reference to the English version.
Termination
These Terms of Use agreement are effective until terminated by either
party. You may terminate this agreement at any time by destroying all
materials obtained from any and all http://paintingtemplates.com/ site(s)
and all related documentation and all copies and installations thereof,
whether made under the terms of this agreement or otherwise. This agreement
will terminate immediately without notice at PaintingTemplates.com's sole
discretion, should you fail to comply with any term or provision of this
agreement. Upon termination, you must destroy all materials obtained from
this site and any and all other http://paintingtemplates.com/ site(s) and
all copies thereof, whether made under the terms of this agreement or
otherwise.
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