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.
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.
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
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.
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.
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.
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.
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.
The effective date of these Terms is [Jan 1, 2019].