WHAT IS paintONE?

paintONE is a new company based in Los Angeles, California uniting the global community of digital creators. paintONE head-to-head battles allow artists to test their technical skill level, creativity on the fly, and ability to tell a visual story from anywhere in the world.

paintONE is here to promote and support the digital creator community through talks with artists, coaching clinics, artist features, tutorials, tournaments at prestigious art schools, and social media competitions.

 

WHAT IS paintONE BATTLE OF THE WEEK?

paintONE Battle of the Week (IG: @paintonebattles and #paintoneBOTW) is a week-long online contest where digital artists from all over the world can compete through Instagram to test their skills and win cash prizes, exposure, and more importantly, bragging rights!

paintONE Battles are timed, head-to-head digital art battles where two digital artists test their skills, techniques, and story-telling abilities using a random, two-word Battle Theme.

FAQ

Official Rules: paintONE Battle of the Week


NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. To enter this “paintONE Battle of the Week” contest (the “Contest”), you must reside in the 50 United States or the District of Columbia. Entries originating from residents of any other jurisdiction are not eligible for entry. You must be [18 years old or older as of date of entry] {or} [13 years of age or older as of date of entry]. Subject to additional eligibility requirements as described below. This Contest is sponsored by Digital Art Sports, Inc. d/b/a paintONE (“Sponsor”) and is governed by these rules (the “Official Rules”). THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INSTAGRAM, FACEBOOK OR TWITTER. 1. How to Enter. To enter the Contest, follow the links and instructions on Sponsor’s Instagram, Facebook, or Twitter account(s) to submit a time lapsed 60-second video showing the process of the creation of your artwork over a strict 20-minute total time limit (a “Submission”). Submissions will be accepted between [[7:00:00 a.m. PST on [DATE] and 11:59:59 p.m. PST on [DATE]]. You must include on the online entry form your Instagram handle, email address, first and last name, city, and state. You must have a valid email address. Submissions must comply with the Guidelines and Restrictions defined below. By entering a Submission, you represent and warrant that: (a) you are the sole and exclusive owner of the Submission; (b) the Submission is your own creation and was created in accordance with these Official Rules; (c) the Submission will not infringe on any rights of any third party. You will own the intellectual property rights in your Submission. By providing a Submission, you agree to grant and grant to Sponsor, a worldwide right and license to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works of, and otherwise use and reuse the Submission (or any portions or derivative works of the Submission) in any manner, in any medium now known or later created, for any purpose, including Sponsor’s web sites and properties and on social networking sites (e.g., Instagram, Facebook, YouTube, Twitter, etc.). The rights you grant under this paragraph are:
a. Non-exclusive, meaning that you are free to grant rights in the Submission to others;
b. fully-paid and royalty-free, meaning that you will not be owed any additional compensation if Sponsor exercises these rights;
c. assignable, meaning that Sponsor may transfer its rights to others (for example, to a purchaser of Sponsor or a related company as part of a corporate reorganization of Sponsor);
d. Sublicensable by Sponsor (for example, to distribute and display the Submission through other platforms);
e. Perpetual and irrevocable, meaning you may not revoke these rights. [You may submit only one entry per person/email address for the Contest.] No automated entry devices or programs permitted. The receipt of entries will not be acknowledged or returned. Sponsor is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries and entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. No purchase is necessary to enter or win the Contest. By participating the Contest, in addition to the rights relating to your Submission, you grant Sponsor the right to use your name, address (city and state), likeness, photograph, voice, biographical information and any statements made by you regarding the Contest or Sponsor, including for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law. 2. Submission Guidelines Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, you fully and unconditionally agree to be bound by the Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Contest. Content Restrictions: The Submission must not contain material that violates or infringes the rights of others, including but, not limited to, copyright, trademark, privacy, publicity or any other intellectual property rights; The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that is otherwise unlawful; The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; The Submission must not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; The Submission must be consistent with and satisfy the purpose of the Contest. You acknowledge that other entrants may have used ideas or concepts in their Submissions that may be similar to what is included in your Submission. You understand and agree that you shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. In case of dispute as to the identity of any entrant, the entry will be deemed made by the authorized account holder of the email address submitted at time of entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any form of entry other than as set forth in these Official Rules is prohibited. You may not use automatic, programmed, robotic or similar means of entry. Sponsor may reject any entry for any reason at any time. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future tournament. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY PERSON SO ATTEMPTING TO THE FULLEST EXTENT PERMITTED BY LAW. 3. Eligibility Participation is open only to legal residents of the Fifty United States or the District of Columbia, and is void outside of the Fifty United States and the District of Columbia, and where prohibited, taxed or restricted by law. Participants must be [18 years of age or older as of date of entry] {or} [13 years of age or older as of the date of entry. If you are younger than 18 years of age, you must have obtained consent to participate from your parent or legal guardian]. Employees, officers and directors of Sponsor and its affiliates, business partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. 4. Selection of Winners Winners will be selected by a panel of judges selected and accepted at the sole and absolute discretion of the Sponsor, together with online voting (in a manner to be determined in the sole discretion of Sponsor) by the public with access to Sponsor’s Instagram, Facebook, and Twitter accounts. Judges will be evaluating each Submission on the following criteria: (a) Overall Concept/Creativity in Interpreting the 2-word prompt/Battle Theme; (b) Visual Storytelling/Technique; and (c) Final Image/Execution of Concept. Winners will be announced at Instagram.com/paintonebattles, and facebook.com/paint.one. 5. Prizes Three winners will receive the following prizes: First Place: [$ ________ gift card] (a $_________ value) Second Place: [description] (a $_________) Third Place: [description] (a $_________) Prizes are non-transferable. Winners have no right to substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners. Winners are responsible for all federal, state and local taxes. 6. Releases By participating, you agree to release and hold harmless Sponsor and any other social media site hosting or promoting the Contest, and their respective advertising and promotion agencies and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and death, which may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance or use or misuse of any prize or participation in any Contest-related activity, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to due to acts of God, acts of war, natural disasters, weather or acts of terrorism or other reasons beyond the reasonable control of Sponsor. 7. Notification The potential winners will be notified via email and announced on our Instagram account on or after [DATE]. The potential winners may be required to sign and return, where legal, an additional release affirming their compliance with the Official Rules and confirming the rights and releases granted under these Official Rules. If any potential winner cannot be contacted within five days of prize notification, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. In the event of any forfeiture, no compensation will be given. 8. Limitation of Liability IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. IN NO EVENT WILL SPONSOR’S LIABILITY EXCEED THE VALUE OF THE TOP PRIZE THAT IS THE SUBJECT OF THE CONTEST. 9. Disclaimer of Warranties THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 10. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law. 11. Disputes; Governing Law These Official Rules and any dispute arising from or relating to these the Contest, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Official Rules (or the interpretation, performance, or breach of them) or the Contest(a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If a Dispute that cannot be resolved through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. 12. Use of Data Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.paint.one/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 13. Relation to paintONE Terms By using Sponsor’s websites, applications, or services, you are also subject to the paintONE Terms of Service (the “paintONE Terms”). In the event of any conflict between these Official Rules and the paintONE Terms, these Terms will control with respect to the Contest. 14. List of Winners To obtain a list of winners, send a self-addressed, stamped envelope by [DATE] to:
Digital Art Sports, Inc.
8633 W. Washington Blvd.
Culver City, CA 90232 15. The Contest is sponsored by Digital Art Sports, Inc., d/b/a Paint.one, 8633 W. Washington Blvd., Culver City, CA 90232.




Terms of Service


Terms of Service These Terms of Service (the “Terms”) govern your use of all websites and mobile applications owned or operated by Digital Art Sports Inc. (“Paint.one,” “we” or “us”), including the Paint.one Web site (the “Site”), any other websites or mobile applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Paint.one, and any other applications, interactive features, widgets and resources offered by Paint.one through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the “Paint.one Service” or “Service”). Please read these Terms carefully. By using the Paint.one Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Paint.one Service. Your use of certain portions of the Service, including your entry in any Paint.one competitions or contests, may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms. 1. Your Responsibilities. In order to access some features of the Paint.one Service, you must register to become a member. When you register, Paint.one collects certain personal information about you. You agree that Paint.one may use information Paint.one obtains about you in accordance with the provisions of Paint.one’s Privacy Policy. You also agree that the information you provide (e.g., at registration) will be true, accurate, and complete and you will update such information so that it remains up to date and accurate at all times. As part of the registration process, you may be asked to select a username and password. Paint.one may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. PAINT.ONE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD. We value the integrity of the Paint.one community. To protect this community, you agree not to use the Paint.one Service to: violate any local, state, national or international law or regulation; transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; stalk, harass, bully, or harm another individual; transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; defeat or interfere with any security feature of the Paint.one Service, or attempt to do so; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Paint.one Service or servers or networks connected to the Paint.one Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Paint.one Service; or alter or modify any content or component of the Paint.one Service, other than your User Submissions (as defined below). You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Paint.one Service. Notwithstanding the foregoing, Paint.one may allow operators of public search engines to use spiders to index materials from the Paint.one Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Paint.one reserves the right to revoke these exceptions either generally or in specific cases. 2. Ownership of Paint.one’s Content; Restrictions on Use. The content on the Paint.one Service, other than “User Submissions” (as defined below), including, without limitation, videos, clips, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “Paint.one” word mark and the Paint.one design mark, as well as certain other of the names, logos and materials displayed on or through the Paint.one Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by Paint.one or its licensors and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. Except as authorized by these Terms or as otherwise intended or authorized by Paint.one through the Service, you agree not to copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Paint.one Service or any portion of the Paint.one Service, including, without limitation, the Content and the Marks. The Paint.one Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. 3. User Submissions. The Paint.one Service may enable visitors, among other things, to post and share artwork, make comments, post messages and other content to the Paint.one Service (collectively, the “User Submissions”). Such User Submissions will generally be available to all users of the Paint.one Service. User Submissions made in connection with a Paint.one competition or contest may be subject to Additional Terms that may differ from these Terms. When you provide Paint.one with a User Submission, you grant to Paint.one and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty- free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third- party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. Unless otherwise provided in any applicable Additional Terms, you acknowledge and agree that you have no expectation of compensation of any nature with respect to any User Submissions and that you shall not receive any compensation for any User Submissions. You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the Paint.one Service that you do not want to be viewed by others. Paint.one reserves the right to display advertisements in connection with, and/or based upon, your User Submissions and otherwise in connection with the Paint.one Service. You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Submissions to enable you to grant to Paint.one the rights in your User Submissions described in these Terms; and (b) your User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party. You acknowledge that Paint.one does not necessarily pre-screen any User Submissions uploaded by you or other users of the Paint.one Service but that Paint.one may pre-screen, or review after initial posting, your User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. Paint.one and its designees shall have the right in their sole discretion to refuse or remove any User Submissions as well as terminate your access to the Paint.one Service for any reason or no reason. Reasons for such refusal, removal or termination may include violation of these Terms or activity or User Submissions that may otherwise be deemed objectionable. Paint.one disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Paint.one with respect to such User Submissions. 4. Feedback. You agree that Paint.one and its affiliates are free to use for any purpose whatsoever, ideas, know- how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Site or the Service including Feedback that you send to Paint.one or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Paint.one has no duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback. 5. Infringement Notice Procedures – Copyrights and Trademarks. Copyright Infringement Notification. Paint.one respects the intellectual property rights of others. Upon proper notice, Paint.one will remove or disable access to User Submissions that violate copyright law and may suspend access to the Paint.one Service of any user who uses the Paint.one Service in violation of copyright law and may terminate the accounts of repeat infringers. Paint.one has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law. If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send Paint.one‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Paint.one to locate the material on the Paint.one Service; (c) information reasonably sufficient to permit Paint.one to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following Paint.one copyright agent:
Digital Art Sports, Inc.
8633 W. Washington Blvd.
Culver City, CA 90232
Attn: Copyright Agent
E-mail: intellectualproperty@paint.one By submitting a Notification, you acknowledge and agree that Paint.one may forward your Notification and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged infringement to Paint.one’s designated agent. 6. Termination. Paint.one reserves the right, in its sole discretion, to terminate your access to all or part of the Paint.one Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT PAINT.ONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE PAINT.ONE SERVICE (OR ANY PORTION THEREOF). 7. Modifications to Paint.one Service. Paint.one reserves the right to modify or discontinue the Paint.one Service with or without notice to you. Paint.one shall not be liable to you or any third party should Paint.one exercise its right to modify or discontinue the Paint.one Service. 8. Links. The Paint.one Service may contain links to third-party websites and other Internet resources that are not owned or controlled by Paint.one (“Third-Party Materials”). Paint.one’s provision of a link to any Third-Party Materials is for your convenience only and does not signify Paint.one’s endorsement of such other website or resource or its contents. PAINT.ONE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY MATERIALS INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PAINT.ONE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING. 9. Disclaimer of Warranties. YOU USE THE PAINT.ONE SERVICE AT YOUR SOLE RISK. THE PAINT.ONE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PAINT.ONE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PAINT.ONE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Paint.one and its affiliates make no warranties or representations about the accuracy or completeness of Content available on or through the Paint.one Service or the content of any websites linked to the Paint.one Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Paint.one Service; (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) any interruption or cessation of transmission to or from the Paint.one Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Paint.one Service by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Paint.one Service. 10. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PAINT.ONE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE PAINT.ONE SERVICE. 11. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Paint.one may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Paint.one’s liability shall be the minimum permitted under such applicable law. 12. Indemnification. You agree to indemnify, defend and hold harmless Paint.one, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the Paint.one Service or otherwise provide to us; (b) your use of the Paint.one Service; (c) your violation of these Terms or any Additional Terms established by us; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you or by your User Submissions. Paint.one reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Paint.one in asserting any available defenses. 13. Minors; Ability to Accept Terms of Service. The Paint.one Service is not intended for children under 13 years of age. If you are under 13 years of age, please do not use the Paint.one Service. You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Paint.one Service or that you are an emancipated minor. If you are a parent or guardian agreeing to the terms for the benefit of a child 13 or older, then you agree to and accept full responsibility and legal liability for that child’s use of the Services. 14. Choice of Law; Arbitration. These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. 15. International Use. We do not represent or warrant that the Paint.one Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the Paint.one Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of Paint.one Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 16. Miscellaneous. These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and Paint.one and govern your use of the Paint.one Service. The failure of Paint.one to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect. 17. Modifications to Terms. Paint.one may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to Paint.one upon registration. Your continued use of the Service following any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such changes. If you object to any such changes, your sole recourse shall be to stop using the Paint.one Service. The effective date of these Terms is [Jan 1, 2019].




Privacy Policy


Privacy Policy Last Modified: [Jan 1, 2019 ] Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use and share your personal information. This Privacy Policy governs all websites and mobile applications owned or operated by Digital Art Sports Inc. (“Paint.one,” “we” or “us”), including the Paint.one Web site (the “Site”), any other websites or mobile applications offered by Paint.one, and any other applications, interactive features, widgets and resources offered by Paint.one through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the “Paint.one Service” or “Service”). By using the Service, you consent to the collection and use of your personal information as described in this Privacy Policy. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. When you use the Service, you also consent to our Terms of Service. 1. Questions and Opt Out. If you have questions or want to provide comments regarding this Privacy Policy, you may do so by sending us an e-mail at privacy@paint.one. We will not disclose Personal Information to third parties for their direct marketing purposes without your consent. If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an e-mail at privacy@paint.one. Please be sure to include your full name, your Paint.one username, the e-mail address you used to sign up with Paint.one and your mailing address and specifically state that you do not want your personal information shared with third parties for their direct marketing purposes. 2. Updating Your Personal Information and Controlling Your Profile. The Service provides tools for you to correct, update or edit your personal information and control your profile. You can edit your profile and other information at any time through the Paint.one Service. 3. Information You Choose to Submit. When you register to become a member of the Service, we collect certain information about you which may include such information as your name, e-mail address, social media account information and we may also collect other personal information, including, without limitation, any personal information that you provide to us through the Services or in connection with any contests, sweepstakes and/or other promotions (collectively, “Personal Information”). When you send messages or post content through the Service, your username, your actual name, and your photograph or avatar, and other Personal Information may be included with your message or post. 4. Information We Automatically Collect. We automatically collect certain non-personal information to help us understand how our users use the Service (which we will refer to in this Privacy Policy, collectively, as “Usage Data”). We may collect information about the computer or device you use to access our Service, including the hardware model, operating system and version, MAC address, unique device identifier (“UDID”), phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. We may also automatically collect and use the data contained in log files. The information in log files may include your IP address, your ISP, the Web browser you used to visit the Service, the time you visited the Service, which web pages you visited on the Service, and other anonymous usage data. In addition, we may use a technology called “cookies” and similar technologies. A cookie is a small file that identifies you as a unique user. We may use cookies to improve the quality of our Service and make the Service easier to use. We do this by storing information (for example, settings preferences) about a particular user session in cookies in order to provide you with a seamless experience during a particular session. Certain of our “Service Providers” (as defined below) may use cookies or similar technologies in connection with the services they perform on our behalf. If you choose to do so, you can configure your browser to delete existing cookies or disable cookies altogether. However, certain features of the Service may not work if you delete or disable cookies. The Service does not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time. Visit www.donottrack.us to find out more about “do not track.” We may work with third party advertising companies that may use information about your use of the Service in order to provide advertisements about goods and services that may be of interest to you on the Service and on third party websites. From the Service, these companies may place or recognize a unique cookie on your computer or use other technologies such as web beacons or pixel tags. Our Privacy Policy does not cover any use of information that a third-party ad serving company may collect from you. For more information about ad cookies and companies that provide users the ability to “opt-out” of the collection of information from such cookies, please click here: http://www.networkadvertising.org/managing/opt_out.asp. 5. How We Use Information. We may use your Personal Information to notify you of new product releases, to send service notifications, to customize the advertising and content you see, to improve our services, to conduct research and to solicit your feedback and input about the Service. For contests, sweepstakes and other promotions conducted on or through the Service, we use the Personal Information that you provide to communicate with you regarding such contest, sweepstakes or other promotion and in accordance with the applicable rules. 6. How We Share Your Information. Other than as set forth in this Privacy Policy, except for aggregate information that we may share with third parties in a manner that does not link such information to any individual, we will not share your Personal Information with third parties, unless you have given us permission to do so. We may sometimes use other businesses (“Service Providers”) to perform certain services for us, e.g., to provide certain services on our behalf, such as payment processing, hosting and maintenance, data storage and management services, production and fulfillment, and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform the services on our behalf. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure. We reserve the right to make all of the following information about you available to all other users of the Service: (a) any information you choose to include in your Service profile (including, without limitation, your username and other personal details you choose to share); and (b) any photos or other personal media content you submit to us or that you have shared through the Service. 7. Other Authorized Disclosures. Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that Paint.one may access, preserve and disclose any information we have collected about you or that you have submitted: (a) in response to subpoenas, court orders or legal process, or to establish, protect or exercise our legal rights or defend against legal claims; (b) to protect the rights and property of Paint.one, its affiliates or the public; (c) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, copyright violations, trademark violations or other violations of the personal or intellectual property rights of others or situations involving potential threats to the safety of any person; (d) to our corporate affiliates, joint ventures or other companies under common control with Paint.one (in which case we will require such entities to honor this Privacy Policy); and (e) if Paint.one is acquired by or merged with another entity or in connection with a sale of our assets. In addition, Paint.one may forward any copyright infringement Notification, Counter Notification (as each of those terms is defined in the Terms of Service) or trademark infringement notice that you submit pursuant to Paint.one’s Terms of Service, and any related communications, to third parties. 8. Public Areas. Your use of areas of the Service that are intended for interaction with other users may reveal your username, your name and your photograph or avatar and may allow you to publish certain personal information about yourself. By choosing to use these areas, you understand and agree that anyone with access to those areas may access and forward any information about you that is contained in or that you post to those areas. As with any social networking service, you should use care when disclosing your personal information to strangers. 9. Links to Other Sites. The Service may contain links to websites operated and maintained by third parties over which we have no control. Privacy policies on such linked websites may be different from our Privacy Policy. You access such linked websites at your own risk. We encourage you to review the privacy policy of any such linked website you visit to understand that website’s collection, storage and use of your information. 10. Security. We use standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification or disclosure. We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them. No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Personal Information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk. 11. Children's Privacy Statement. We do not knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen 13, we also do not knowingly distribute such information to third parties. 12. Data Processing in the United States. Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province or country. If you are located outside of the United States, please be advised that we may process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Service, you agree that the collection, use, transfer and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States. 13. Changes. Paint.one may, in its sole and absolute discretion, change this Privacy Policy from time to time. All changes to the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to Paint.one upon registration. In order to continue using the Service following any changes to the Privacy Policy of which we notify you, you must agree to be bound by such changes. If you object to any such changes, your sole recourse shall be to cease using the Paint.one Service. Effective date:[Jan 1, 2019]





Legal

Official Rules: paintONE Battle of the Week


NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. To enter this “paintONE Battle of the Week” contest (the “Contest”), you must reside in the 50 United States or the District of Columbia. Entries originating from residents of any other jurisdiction are not eligible for entry. You must be [18 years old or older as of date of entry] {or} [13 years of age or older as of date of entry]. Subject to additional eligibility requirements as described below. This Contest is sponsored by Digital Art Sports, Inc. d/b/a paintONE (“Sponsor”) and is governed by these rules (the “Official Rules”). THIS CONTEST IS NOT SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH TWITTER, INSTAGRAM, FACEBOOK OR TWITTER. 1. How to Enter. To enter the Contest, follow the links and instructions on Sponsor’s Instagram, Facebook, or Twitter account(s) to submit a time lapsed 60-second video showing the process of the creation of your artwork over a strict 20-minute total time limit (a “Submission”). Submissions will be accepted between [[7:00:00 a.m. PST on [DATE] and 11:59:59 p.m. PST on [DATE]]. You must include on the online entry form your Instagram handle, email address, first and last name, city, and state. You must have a valid email address. Submissions must comply with the Guidelines and Restrictions defined below. By entering a Submission, you represent and warrant that: (a) you are the sole and exclusive owner of the Submission; (b) the Submission is your own creation and was created in accordance with these Official Rules; (c) the Submission will not infringe on any rights of any third party. You will own the intellectual property rights in your Submission. By providing a Submission, you agree to grant and grant to Sponsor, a worldwide right and license to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works of, and otherwise use and reuse the Submission (or any portions or derivative works of the Submission) in any manner, in any medium now known or later created, for any purpose, including Sponsor’s web sites and properties and on social networking sites (e.g., Instagram, Facebook, YouTube, Twitter, etc.). The rights you grant under this paragraph are:
a. Non-exclusive, meaning that you are free to grant rights in the Submission to others;
b. fully-paid and royalty-free, meaning that you will not be owed any additional compensation if Sponsor exercises these rights;
c. assignable, meaning that Sponsor may transfer its rights to others (for example, to a purchaser of Sponsor or a related company as part of a corporate reorganization of Sponsor);
d. Sublicensable by Sponsor (for example, to distribute and display the Submission through other platforms);
e. Perpetual and irrevocable, meaning you may not revoke these rights. [You may submit only one entry per person/email address for the Contest.] No automated entry devices or programs permitted. The receipt of entries will not be acknowledged or returned. Sponsor is not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries and entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. No purchase is necessary to enter or win the Contest. By participating the Contest, in addition to the rights relating to your Submission, you grant Sponsor the right to use your name, address (city and state), likeness, photograph, voice, biographical information and any statements made by you regarding the Contest or Sponsor, including for advertising and promotional purposes, without notice or additional compensation, except where prohibited by law. 2. Submission Guidelines Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, you fully and unconditionally agree to be bound by the Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Contest. Content Restrictions: The Submission must not contain material that violates or infringes the rights of others, including but, not limited to, copyright, trademark, privacy, publicity or any other intellectual property rights; The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that is otherwise unlawful; The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; The Submission must not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; The Submission must be consistent with and satisfy the purpose of the Contest. You acknowledge that other entrants may have used ideas or concepts in their Submissions that may be similar to what is included in your Submission. You understand and agree that you shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. In case of dispute as to the identity of any entrant, the entry will be deemed made by the authorized account holder of the email address submitted at time of entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. Any form of entry other than as set forth in these Official Rules is prohibited. You may not use automatic, programmed, robotic or similar means of entry. Sponsor may reject any entry for any reason at any time. Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By entering the Contest, you fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Contest. Persons found tampering with or abusing any aspect of the Contest, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined in the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future tournament. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY PERSON SO ATTEMPTING TO THE FULLEST EXTENT PERMITTED BY LAW. 3. Eligibility Participation is open only to legal residents of the Fifty United States or the District of Columbia, and is void outside of the Fifty United States and the District of Columbia, and where prohibited, taxed or restricted by law. Participants must be [18 years of age or older as of date of entry] {or} [13 years of age or older as of the date of entry. If you are younger than 18 years of age, you must have obtained consent to participate from your parent or legal guardian]. Employees, officers and directors of Sponsor and its affiliates, business partners, advertising and promotion agencies, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. 4. Selection of Winners Winners will be selected by a panel of judges selected and accepted at the sole and absolute discretion of the Sponsor, together with online voting (in a manner to be determined in the sole discretion of Sponsor) by the public with access to Sponsor’s Instagram, Facebook, and Twitter accounts. Judges will be evaluating each Submission on the following criteria: (a) Overall Concept/Creativity in Interpreting the 2-word prompt/Battle Theme; (b) Visual Storytelling/Technique; and (c) Final Image/Execution of Concept. Winners will be announced at Instagram.com/paintonebattles, and facebook.com/paint.one. 5. Prizes Three winners will receive the following prizes: First Place: [$ ________ gift card] (a $_________ value) Second Place: [description] (a $_________) Third Place: [description] (a $_________) Prizes are non-transferable. Winners have no right to substitutions or cash redemptions. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. All expenses not specifically listed herein are the responsibility of winners. Winners are responsible for all federal, state and local taxes. 6. Releases By participating, you agree to release and hold harmless Sponsor and any other social media site hosting or promoting the Contest, and their respective advertising and promotion agencies and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, “Released Entities”), from and against any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and death, which may occur in connection with, preparation for, or participation in the Contest, or possession, acceptance or use or misuse of any prize or participation in any Contest-related activity, and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Contest cannot take place or if any prize cannot be awarded due to due to acts of God, acts of war, natural disasters, weather or acts of terrorism or other reasons beyond the reasonable control of Sponsor. 7. Notification The potential winners will be notified via email and announced on our Instagram account on or after [DATE]. The potential winners may be required to sign and return, where legal, an additional release affirming their compliance with the Official Rules and confirming the rights and releases granted under these Official Rules. If any potential winner cannot be contacted within five days of prize notification, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. In the event of any forfeiture, no compensation will be given. 8. Limitation of Liability IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. IN NO EVENT WILL SPONSOR’S LIABILITY EXCEED THE VALUE OF THE TOP PRIZE THAT IS THE SUBJECT OF THE CONTEST. 9. Disclaimer of Warranties THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 10. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Sponsor may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Sponsor’s liability shall be the minimum permitted under such applicable law. 11. Disputes; Governing Law These Official Rules and any dispute arising from or relating to these the Contest, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Official Rules (or the interpretation, performance, or breach of them) or the Contest(a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If a Dispute that cannot be resolved through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. 12. Use of Data Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at https://www.paint.one/privacy-policy. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy. 13. Relation to paintONE Terms By using Sponsor’s websites, applications, or services, you are also subject to the paintONE Terms of Service (the “paintONE Terms”). In the event of any conflict between these Official Rules and the paintONE Terms, these Terms will control with respect to the Contest. 14. List of Winners To obtain a list of winners, send a self-addressed, stamped envelope by [DATE] to:
Digital Art Sports, Inc.
8633 W. Washington Blvd.
Culver City, CA 90232 15. The Contest is sponsored by Digital Art Sports, Inc., d/b/a Paint.one, 8633 W. Washington Blvd., Culver City, CA 90232.




Terms of Service


Terms of Service These Terms of Service (the “Terms”) govern your use of all websites and mobile applications owned or operated by Digital Art Sports Inc. (“Paint.one,” “we” or “us”), including the Paint.one Web site (the “Site”), any other websites or mobile applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by Paint.one, and any other applications, interactive features, widgets and resources offered by Paint.one through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the “Paint.one Service” or “Service”). Please read these Terms carefully. By using the Paint.one Service, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Paint.one Service. Your use of certain portions of the Service, including your entry in any Paint.one competitions or contests, may be subject to additional terms and conditions ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By using that portion of the Service, you agree to the Additional Terms. 1. Your Responsibilities. In order to access some features of the Paint.one Service, you must register to become a member. When you register, Paint.one collects certain personal information about you. You agree that Paint.one may use information Paint.one obtains about you in accordance with the provisions of Paint.one’s Privacy Policy. You also agree that the information you provide (e.g., at registration) will be true, accurate, and complete and you will update such information so that it remains up to date and accurate at all times. As part of the registration process, you may be asked to select a username and password. Paint.one may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. PAINT.ONE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD. We value the integrity of the Paint.one community. To protect this community, you agree not to use the Paint.one Service to: violate any local, state, national or international law or regulation; transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; stalk, harass, bully, or harm another individual; transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; defeat or interfere with any security feature of the Paint.one Service, or attempt to do so; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; interfere with or disrupt the Paint.one Service or servers or networks connected to the Paint.one Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Paint.one Service; or alter or modify any content or component of the Paint.one Service, other than your User Submissions (as defined below). You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Paint.one Service. Notwithstanding the foregoing, Paint.one may allow operators of public search engines to use spiders to index materials from the Paint.one Service for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Paint.one reserves the right to revoke these exceptions either generally or in specific cases. 2. Ownership of Paint.one’s Content; Restrictions on Use. The content on the Paint.one Service, other than “User Submissions” (as defined below), including, without limitation, videos, clips, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “Paint.one” word mark and the Paint.one design mark, as well as certain other of the names, logos and materials displayed on or through the Paint.one Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by Paint.one or its licensors and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws. Except as authorized by these Terms or as otherwise intended or authorized by Paint.one through the Service, you agree not to copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Paint.one Service or any portion of the Paint.one Service, including, without limitation, the Content and the Marks. The Paint.one Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. 3. User Submissions. The Paint.one Service may enable visitors, among other things, to post and share artwork, make comments, post messages and other content to the Paint.one Service (collectively, the “User Submissions”). Such User Submissions will generally be available to all users of the Paint.one Service. User Submissions made in connection with a Paint.one competition or contest may be subject to Additional Terms that may differ from these Terms. When you provide Paint.one with a User Submission, you grant to Paint.one and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty- free, transferable, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third- party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. Unless otherwise provided in any applicable Additional Terms, you acknowledge and agree that you have no expectation of compensation of any nature with respect to any User Submissions and that you shall not receive any compensation for any User Submissions. You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Submissions. Because of the viral nature of social media, you should not submit any content to the Paint.one Service that you do not want to be viewed by others. Paint.one reserves the right to display advertisements in connection with, and/or based upon, your User Submissions and otherwise in connection with the Paint.one Service. You represent and warrant that: (a) you own all rights in your User Submissions or, alternatively, you have acquired all necessary permissions and rights in your User Submissions to enable you to grant to Paint.one the rights in your User Submissions described in these Terms; and (b) your User Submissions do not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party. You acknowledge that Paint.one does not necessarily pre-screen any User Submissions uploaded by you or other users of the Paint.one Service but that Paint.one may pre-screen, or review after initial posting, your User Submissions for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. Paint.one and its designees shall have the right in their sole discretion to refuse or remove any User Submissions as well as terminate your access to the Paint.one Service for any reason or no reason. Reasons for such refusal, removal or termination may include violation of these Terms or activity or User Submissions that may otherwise be deemed objectionable. Paint.one disclaims any and all liability in connection with any and all User Submissions, and you agree to waive any legal or equitable rights or remedies you may have against Paint.one with respect to such User Submissions. 4. Feedback. You agree that Paint.one and its affiliates are free to use for any purpose whatsoever, ideas, know- how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Site or the Service including Feedback that you send to Paint.one or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Paint.one has no duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback. 5. Infringement Notice Procedures – Copyrights and Trademarks. Copyright Infringement Notification. Paint.one respects the intellectual property rights of others. Upon proper notice, Paint.one will remove or disable access to User Submissions that violate copyright law and may suspend access to the Paint.one Service of any user who uses the Paint.one Service in violation of copyright law and may terminate the accounts of repeat infringers. Paint.one has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with such law. If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send Paint.one‘s copyright agent a Notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit Paint.one to locate the material on the Paint.one Service; (c) information reasonably sufficient to permit Paint.one to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please provide us with a Notification that includes all of the above enumerated information and e-mail or mail it to the following Paint.one copyright agent:
Digital Art Sports, Inc.
8633 W. Washington Blvd.
Culver City, CA 90232
Attn: Copyright Agent
E-mail: intellectualproperty@paint.one By submitting a Notification, you acknowledge and agree that Paint.one may forward your Notification and any related communications to any users who posted the material identified in such notice. Please do not send notices or inquiries unrelated to alleged infringement to Paint.one’s designated agent. 6. Termination. Paint.one reserves the right, in its sole discretion, to terminate your access to all or part of the Paint.one Service, for any reason, with or without notice. FURTHER, YOU AGREE THAT PAINT.ONE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE PAINT.ONE SERVICE (OR ANY PORTION THEREOF). 7. Modifications to Paint.one Service. Paint.one reserves the right to modify or discontinue the Paint.one Service with or without notice to you. Paint.one shall not be liable to you or any third party should Paint.one exercise its right to modify or discontinue the Paint.one Service. 8. Links. The Paint.one Service may contain links to third-party websites and other Internet resources that are not owned or controlled by Paint.one (“Third-Party Materials”). Paint.one’s provision of a link to any Third-Party Materials is for your convenience only and does not signify Paint.one’s endorsement of such other website or resource or its contents. PAINT.ONE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY MATERIALS INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PAINT.ONE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING. 9. Disclaimer of Warranties. YOU USE THE PAINT.ONE SERVICE AT YOUR SOLE RISK. THE PAINT.ONE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PAINT.ONE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PAINT.ONE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Paint.one and its affiliates make no warranties or representations about the accuracy or completeness of Content available on or through the Paint.one Service or the content of any websites linked to the Paint.one Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content or confidentiality; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Paint.one Service; (c) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Submissions); (d) any interruption or cessation of transmission to or from the Paint.one Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Paint.one Service by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Paint.one Service. 10. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PAINT.ONE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE PAINT.ONE SERVICE. 11. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Paint.one may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Paint.one’s liability shall be the minimum permitted under such applicable law. 12. Indemnification. You agree to indemnify, defend and hold harmless Paint.one, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that they may incur as a result of or arising from: (a) any information (including, without limitation, your User Submissions, Feedback or any other content) you submit, post or transmit on or through the Paint.one Service or otherwise provide to us; (b) your use of the Paint.one Service; (c) your violation of these Terms or any Additional Terms established by us; or (d) the violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, by you or by your User Submissions. Paint.one reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Paint.one in asserting any available defenses. 13. Minors; Ability to Accept Terms of Service. The Paint.one Service is not intended for children under 13 years of age. If you are under 13 years of age, please do not use the Paint.one Service. You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Paint.one Service or that you are an emancipated minor. If you are a parent or guardian agreeing to the terms for the benefit of a child 13 or older, then you agree to and accept full responsibility and legal liability for that child’s use of the Services. 14. Choice of Law; Arbitration. These Terms, any Additional Terms, and any dispute arising from or relating to these Terms, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles. Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the Site or the Services (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If we are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements, including any applicable Additional Terms. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. 15. International Use. We do not represent or warrant that the Paint.one Service, or any part of it, is appropriate or available for use in any particular jurisdiction. You access the Paint.one Service on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of Paint.one Service, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 16. Miscellaneous. These Terms and any Additional Terms constitute the entire and exclusive and final statement of the agreement between you and Paint.one and govern your use of the Paint.one Service. The failure of Paint.one to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect. 17. Modifications to Terms. Paint.one may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to Paint.one upon registration. Your continued use of the Service following any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such changes. If you object to any such changes, your sole recourse shall be to stop using the Paint.one Service. The effective date of these Terms is [Jan 1, 2019].




Privacy Policy


Privacy Policy Last Modified: [Jan 1, 2019 ] Your privacy is important to us and we have prepared this Privacy Policy to explain to you how we collect, use and share your personal information. This Privacy Policy governs all websites and mobile applications owned or operated by Digital Art Sports Inc. (“Paint.one,” “we” or “us”), including the Paint.one Web site (the “Site”), any other websites or mobile applications offered by Paint.one, and any other applications, interactive features, widgets and resources offered by Paint.one through traditional Internet websites, mobile devices or social media platforms (all of which are collectively referred to as the “Paint.one Service” or “Service”). By using the Service, you consent to the collection and use of your personal information as described in this Privacy Policy. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. When you use the Service, you also consent to our Terms of Service. 1. Questions and Opt Out. If you have questions or want to provide comments regarding this Privacy Policy, you may do so by sending us an e-mail at privacy@paint.one. We will not disclose Personal Information to third parties for their direct marketing purposes without your consent. If, after providing consent, you want to opt out of having your Personal Information disclosed to third parties for their direct marketing purposes, please let us know by sending us an e-mail at privacy@paint.one. Please be sure to include your full name, your Paint.one username, the e-mail address you used to sign up with Paint.one and your mailing address and specifically state that you do not want your personal information shared with third parties for their direct marketing purposes. 2. Updating Your Personal Information and Controlling Your Profile. The Service provides tools for you to correct, update or edit your personal information and control your profile. You can edit your profile and other information at any time through the Paint.one Service. 3. Information You Choose to Submit. When you register to become a member of the Service, we collect certain information about you which may include such information as your name, e-mail address, social media account information and we may also collect other personal information, including, without limitation, any personal information that you provide to us through the Services or in connection with any contests, sweepstakes and/or other promotions (collectively, “Personal Information”). When you send messages or post content through the Service, your username, your actual name, and your photograph or avatar, and other Personal Information may be included with your message or post. 4. Information We Automatically Collect. We automatically collect certain non-personal information to help us understand how our users use the Service (which we will refer to in this Privacy Policy, collectively, as “Usage Data”). We may collect information about the computer or device you use to access our Service, including the hardware model, operating system and version, MAC address, unique device identifier (“UDID”), phone number, International Mobile Equipment Identity (“IMEI”) and mobile network information. We may also automatically collect and use the data contained in log files. The information in log files may include your IP address, your ISP, the Web browser you used to visit the Service, the time you visited the Service, which web pages you visited on the Service, and other anonymous usage data. In addition, we may use a technology called “cookies” and similar technologies. A cookie is a small file that identifies you as a unique user. We may use cookies to improve the quality of our Service and make the Service easier to use. We do this by storing information (for example, settings preferences) about a particular user session in cookies in order to provide you with a seamless experience during a particular session. Certain of our “Service Providers” (as defined below) may use cookies or similar technologies in connection with the services they perform on our behalf. If you choose to do so, you can configure your browser to delete existing cookies or disable cookies altogether. However, certain features of the Service may not work if you delete or disable cookies. The Service does not respond to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer’s online activities over time. Visit www.donottrack.us to find out more about “do not track.” We may work with third party advertising companies that may use information about your use of the Service in order to provide advertisements about goods and services that may be of interest to you on the Service and on third party websites. From the Service, these companies may place or recognize a unique cookie on your computer or use other technologies such as web beacons or pixel tags. Our Privacy Policy does not cover any use of information that a third-party ad serving company may collect from you. For more information about ad cookies and companies that provide users the ability to “opt-out” of the collection of information from such cookies, please click here: http://www.networkadvertising.org/managing/opt_out.asp. 5. How We Use Information. We may use your Personal Information to notify you of new product releases, to send service notifications, to customize the advertising and content you see, to improve our services, to conduct research and to solicit your feedback and input about the Service. For contests, sweepstakes and other promotions conducted on or through the Service, we use the Personal Information that you provide to communicate with you regarding such contest, sweepstakes or other promotion and in accordance with the applicable rules. 6. How We Share Your Information. Other than as set forth in this Privacy Policy, except for aggregate information that we may share with third parties in a manner that does not link such information to any individual, we will not share your Personal Information with third parties, unless you have given us permission to do so. We may sometimes use other businesses (“Service Providers”) to perform certain services for us, e.g., to provide certain services on our behalf, such as payment processing, hosting and maintenance, data storage and management services, production and fulfillment, and marketing and promotions. We provide our Service Providers with the information reasonably necessary for them to perform the services on our behalf. Each Service Provider must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of the information involved in order to protect your information from unauthorized access, destruction, use, modification or disclosure. We reserve the right to make all of the following information about you available to all other users of the Service: (a) any information you choose to include in your Service profile (including, without limitation, your username and other personal details you choose to share); and (b) any photos or other personal media content you submit to us or that you have shared through the Service. 7. Other Authorized Disclosures. Notwithstanding anything in this Privacy Policy to the contrary, you understand and agree that Paint.one may access, preserve and disclose any information we have collected about you or that you have submitted: (a) in response to subpoenas, court orders or legal process, or to establish, protect or exercise our legal rights or defend against legal claims; (b) to protect the rights and property of Paint.one, its affiliates or the public; (c) if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, fraud, copyright violations, trademark violations or other violations of the personal or intellectual property rights of others or situations involving potential threats to the safety of any person; (d) to our corporate affiliates, joint ventures or other companies under common control with Paint.one (in which case we will require such entities to honor this Privacy Policy); and (e) if Paint.one is acquired by or merged with another entity or in connection with a sale of our assets. In addition, Paint.one may forward any copyright infringement Notification, Counter Notification (as each of those terms is defined in the Terms of Service) or trademark infringement notice that you submit pursuant to Paint.one’s Terms of Service, and any related communications, to third parties. 8. Public Areas. Your use of areas of the Service that are intended for interaction with other users may reveal your username, your name and your photograph or avatar and may allow you to publish certain personal information about yourself. By choosing to use these areas, you understand and agree that anyone with access to those areas may access and forward any information about you that is contained in or that you post to those areas. As with any social networking service, you should use care when disclosing your personal information to strangers. 9. Links to Other Sites. The Service may contain links to websites operated and maintained by third parties over which we have no control. Privacy policies on such linked websites may be different from our Privacy Policy. You access such linked websites at your own risk. We encourage you to review the privacy policy of any such linked website you visit to understand that website’s collection, storage and use of your information. 10. Security. We use standard security procedures and practices appropriate to the nature of the information in an effort to protect information from unauthorized access, destruction, use, modification or disclosure. We also require our Service Providers to implement and maintain reasonable security procedures and practices appropriate to the nature of the information we share with them. No data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect Personal Information, we cannot and do not guarantee or warrant the security of any information you transmit to or from the Service, and you do so at your own risk. 11. Children's Privacy Statement. We do not knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will delete such information from our records. Because we do not knowingly collect any personally identifiable information from children under the age of thirteen 13, we also do not knowingly distribute such information to third parties. 12. Data Processing in the United States. Please be aware that your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province or country. If you are located outside of the United States, please be advised that we may process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Service, you agree that the collection, use, transfer and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States. 13. Changes. Paint.one may, in its sole and absolute discretion, change this Privacy Policy from time to time. All changes to the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to Paint.one upon registration. In order to continue using the Service following any changes to the Privacy Policy of which we notify you, you must agree to be bound by such changes. If you object to any such changes, your sole recourse shall be to cease using the Paint.one Service. Effective date:[Jan 1, 2019]