August 16, 2010
This agreement (the “Agreement”) is entered into by and between you and Think Lab, LLC regarding your use of iPaintings.net. By using iPaintings.net, you are entering into this Agreement with Think Lab LLC and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use the Service. Contact us if you have any questions and/or comments.
1. Description of Service. IPaintings.net (the “Service”) is a free service from Think Lab LLC (the “Company”) that offers a unique way to share your arts. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. The Company disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. The Company also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
2. Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. Any violation of the above may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. The Company reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
3. Personal Use. The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content, without the prior written permission of the Company.
4. Children’s Online Privacy. Due to the Children’s Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service.
5. Refusal of service; Termination; Suspension. The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
6. Privacy. As a condition to using the Service, you agree to the terms of the IPaintings.net privacy policy as it may be updated from time to time. We understand that privacy is important to you. You do, however, agree that the Company may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the IPaintings.net Privacy Policy. Personal information collected by the Company may be stored and processed in the United States or any other country in which Think Lab LLC or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.
7. Warranty. The Company does not represent that the Service is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THINK LAB LLCEXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Damages. UNDER NO CIRCUMSTANCES WILL THINK LAB LLC BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THINK LAB LLC BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
9. Indemnification. You agree to hold harmless and indemnify the Company, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
10. Liability. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Think Lab LLC and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service.
11. Modifications to the Agreement. The Company shall have the right to modify the terms of this Agreement at any time. The new agreement shall be effective immediately.
12. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
13. Exercise. The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
14. Choice of Law; Jurisdiction. This agreement shall be interpreted in accordance with the laws of the State of Georgia.
15. Entire Agreement. This Agreement constitutes the entire agreement between Think Lab LLC and you with respect to the subject matter hereof.
By using IPaintings.net, you agree to the collection and use of your personal information as described in this policy. If we make any significant changes to this policy, we will notify you by posting a notice of such changes on the Lounge.
We care deeply about protecting your privacy. Please send us any questions and/or comments you may have.
Summary
• We will never spam you or give your personal information to anyone.
• You control when and how we send messages to you.
• You can wipe your account at any time.
• Other users:
o …may see your art and your personal information you input.
o …can’t make a comment on your profile page.
How we treat your information
We will never spam you.
We will never disclose your personal information without your permission.
We will never sell, rent or share your personal information with a 3rd party, especially your email addresses and phone numbers, without your express permission, unless required by law. Never ever!
We give you full control over your information, including the ability to wipe it from our system.
You can update your account information and preferences at any time. You can destroy your account when you choose.
We will only access your personal information when:
• You specifically request us to do so (e.g. you are having technical difficulties).
• It is required by law.
• It is necessary to maintain our system.
We will protect your information from other users.
We will never sell, rent or share information.
What information do we collect?
Personal: Name, email addresses, password
All passwords are stored on our server in encrypted form - not even we can tell what they are! If you lose your password, we will generate a new one and send it to you.
Optional: Biography, URL of your website, blog, and Twitter.
These help us to our user connect each others.
Usage: Number of logins, last login, activity and error logs
This data helps us monitor iPaintings.net’s health, and diagnose errors and slowness issues when they crop up.
Cookies and log files
iPaintings.net sends a “cookie” to your computer that contains an identification number that is unique to the computer you are using. We use this cookie to provide you with a continuous experience, and for us to record how our service is being used.
As is done with most web sites, we log each visit to each web page. A log entry can contain information typically found in the “header” of your web browser’s request such as the browser type you used, your Internet Protocol address, and the date and time of day. We may also log your cookie’s identification number and the URL of the last site you visited. This log information is important for security, audit, quality improvement, as well as for monitoring the health of our service.
August 16, 2010