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PaintStik.com

Terms and Conditions

DISCLAIMER

By accessing or using this web site currently located at http://www.paintstik.com/ (the "Site") and owned by PaintStik.com (Brian Spradlin), the user of this Site and any individual or entity on whose behalf a user accesses or uses the Site (collectively, "You" or "Your," as appropriate) agree to be bound by the following Terms and Conditions.

Intellectual Property Rights.

You will not use the Site to violate anyone's copyright, trademark, or other intellectual property rights. By submitting material to the Site, You are representing that You are the owner of the material, or are making Your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject You to legal liability for infringement of copyright, trademark, or other intellectual property rights.

Ownership of Submitted Material.

You retain the copyright to material that you submit to any of our forums, chat rooms, image critique areas, or photo sharing systems. However, by submitting the material you grant PaintStik.com a perpetual non-exclusive world-wide royalty-free license to modify, publish and reproduce that material for the purpose of operating and displaying.

No Soliciting.

You agree not to use the Site, to advertise products or services or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Protection of Others.

The materials available through the Site are the property of PaintStik.com or its licensors (the users), and are protected by copyright, trademark and other intellectual property laws. Requests for permission to reproduce or distribute materials found on the Site should be sent to the original author of those materials or spradlinb@stikcustomizers.com

Hyperlinking

We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of Your site by PaintStik.com. No Framing. Without the prior written permission of PaintStik.com, You may not frame any of the content of the Site, or incorporate into another Web site or other service any intellectual property of PaintStik.com or any of its licensors. Requests for permission to frame our content may be sent to spradlinb@stikcustomizers.com

Cookies

Cookies are small text files that our site can send to your browser for storage on your hard drive. Cookies can make your use of our site easier by saving your status and preferences upon visits to our site. The cookies are refreshed every time you enter the site. Most browsers are initially set to accept cookies, but you may be able to change the settings to refuse cookies or to be alerted when cookies are being sent. We use cookies for two purposes: (1) to enable PaintStik.com to customize information for certain segments of its customer base; and (2) in some instances, to associate you with your User Information.

DISCLAIMER OF WARRANTIES AND LIABILITY

We work hard to make the "PaintStik.com" website an interesting and enjoyable place, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using the Site.

YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE INFORMATION PROVIDED THROUGH THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.

THIS SITE IS PROVIDED TO YOU *AS IS*, *WITH ALL FAULTS*, AND *AS AVAILABLE*. "PaintStik.com" AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE. NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL "PaintStik.com", OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF "PaintStik.com", AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.).

Indemnity. You agree to indemnify and hold "PaintStik.com", its officers, subsidiaries and affiliated companies harmless from any and all claims, demands or other liabilities, including legal fees and costs, that are made by any third party due to or arising from Your use of the Web Site or Your breach of these Terms and Conditions.

We do not screen postings to the site in advance and are not responsible for screening or monitoring content posted by users or any other person. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted to the site. We shall have the right at all times, but not the obligation, to monitor, edit or remove any activity or content deemed abusive, illegal, disruptive or inappropriate or in violation of this Terms of Use. We take no responsibility and assume no liability for any content posted by its users. In addition, we can disclose any information as necessary to (i) comply with any law or with legal process served; (ii) protect and defend our rights or the rights of others; or (iii) act in an emergency to protect the personal safety of our users or the public. We retain the right to extract any items posted to the site that we, in our sole discretion, deem objectionable or in violation of the Terms and Conditions of Use.