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Terms & Conditions

 

Terms & Conditions of Use - Paint a Photo Pty. Ltd - ABN: 30 147 952 092

 

 

By placing an order on www.paintmypicture.com you acknowledge that you are bound by the terms and conditions listed below:

Age Disclaimer:

If you are younger than 13 years of age, you are forbidden from becoming a member of a Paint My Picture message boards without direct parental consent. You may have your parent or guardian contact us for further information.

Liability Disclaimer:

The information, services and products available to you on this Web site may contain errors and are subject to periods of interruption. While Paint My Picture does it's best to maintain the information, services and products it offers on this Web site, it cannot be held responsible for any errors, defects, loss of profits, or any other consequential damages arising from the use of this Web site. Paint My Picture provides the content, materials or products, included on this website "as is" with no warranties. All expressed warranties and all implied warranties, including merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.

In no event shall Paint My Picture be held liable for any direct, indirect, incidental or consequential damages or any other damages arising from the use or performance of this website or from any information received verbally from content, materials or products, included or provided throughout this web site, even if a Paint My Picture has been advised of the possibility arising of such damages, Including but not limited to direct, indirect, incidental, punitive, and consequential damages. If you are not satisfied with this website, or any portion thereof, your only and exclusive right shall be to cease the further use of this website.

Indemnification

You agree to indemnify and hold harmless Paint My Picture, it's officers, shareholders, directors, owners, agents, employees, or any other party involved in creating, producing, or distributing a Paint My Picture be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use a Paint My Picture, including but not limited to reliance by a User on any other information obtained from a Paint My Picture or that result from errors, mistakes, omissions, interruptions, deleted files, deleted emails, errors, defects, viruses, delays in operation, communication or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to a Paint My Picture records, programs, or services. User hereby acknowledges that all paragraph's contained shall apply to all content, products, and services available throughout a Paint My Picture and hold harmless from any claim or demand, including reasonable attorneys' fees, including those made by any third party due to or arising out of your use of this website and message boards belonging to a Paint My Picture. The violation of these terms and conditions by you, or infringed by you, or other user of the message boards arising from the computer owned by you or any intellectual property or other right of any person or entity being used through the use of your computer. Paint My Picture reserves the right, to block, reject, remove, terminate or by any other means, you and/or your computer from entering it's sites.
Any and All contents within these web sites may not be distributed, downloaded, re-posted modified or reused in any form and is strictly forbidden. All other marks that appear throughout these web sites belong to Paint My Picture and are protected by Australian and International copyright and trademark laws. Any use of any of the marks appearing throughout these Web sites without the express written permission of Paint My Picture is strictly prohibited. Copyright © 2011 a Paint My Picture, All rights reserved.

Copyrighted Information

The message boards on these web sites may contain material that has been copied from another individual or entity. The pages within our site may contain material that is guaranteed to a Paint My Picture free from copyright infringement from either customers or suppliers. Please contact us immediately if you believe someone has posted or given unauthorized publication of copyrighted information on a message board or any other web page contained on these Web sites.

Miscellaneous:

These terms and conditions shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. You agree to submit to the personal jurisdiction of the courts of the state of Victoria, Australia. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to message boards contained on these Web sites, or the use of these Web sites must be filed within one year after such claim or cause of action arose.

You acknowledge that transmissions to Paint My Picture its website and email addresses may not be confidential and you do take into your own risk the downloading or uploading of materials or data. Some third party softwares may or may not be used by Paint My Picture and you the buyer, user, customer, hold Paint My Picture, its officers, shareholders, directors, owners, agents, employees, or any other party involved in creating, producing, or distributing a Paint My Picture 100% harmless from any loss of information or loss of confidentiality through the use of this website.

Any photograph's, text, image, or any other related materials that is mailed or shipped by you to Paint My Picture is done so at your own risk and you hold Paint My Picture, its officers, shareholders, directors, owners, agents, employees, or any other party involved in creating, producing, or distributing a Paint My Picture, completely harmless of any damages or losses that could arise to said items.

In acceptance of the submitted image, photo or text, submitted by you (buyer, user, customer) Unless otherwise stipulated in the instructions on the final purchase page by adding the phrase "opt out marketing", do hereby grant a Paint My Picture and/or its affiliates, the full right to copy, publish, distribute, display, advertise, and use the copied image, photo or text and the reproduced art, for any lawful purpose and for the commercial uses displayed or in connection with a Paint My Picture.
You accept that any artwork provided to you may not be an exact replica of the photograph you submitted, and acknowledge that there may be a degree of variation between the photograph and the final painting, due to the painting process and a level of interpretation by the artist.

You agree that Paint My Picture may dispatch your order without obtaining your approval of a review image if Paint My Picture does not receive a response from you within 30 days of sending you the review image (via email). Paint My Picture will endeavour to obtain your feedback/ approval prior to dispatching your order (via email) and will then advise you (via email) of a date your order will be dispatched if Paint My Picture still does not receive a response from you. After this date no changes can or will be made to your order, and your order will be dispatched to the address you provided at the time you submitted your order.

Termination

Paint My Picture reserves the right to terminate your Account at any time or for any reason, with or without notice. Once your Account has been terminated you agree not to use this website in any form, post on the message boards, or to assist or cause another person to use or post messages on your behalf. a Paint My Picture further reserves the right to terminate any sale, image, or text and at its sole discretion.

Affiliate marketing: We reserve the right to discontinue this program at any time and at the discretion of a Paint My Picture. All purchases must be made through the website Paint My Picture, thus following any terms and all conditions of its use. All affiliate marketing commissions will be paid to the procuring cause. This means should a purchase be made after clicking through one of our many affiliates. The affiliate with the click through registered will be the procuring cause and commissions shall be awarded to that procuring cause. If ever in doubt please contact us before registering with the affiliate program.

Copyright & Trademark Notices and Agreement of Use

1. I certify that I have the full rights to use, copy, alter, and have reproduced as I see fit, that I am either the producer, photographer, or author of this image, photo, or text and/or have sole copyright ownership or permissions of this or any other image, photo links and/or text submitted to a Paint My Picture.

2. I certify that I am in full compliance with the public domain under the Copyright Act of 1968; I have obtained the license to, or the unconditional assignment to the copyright in the image, text, link, or photo, and have obtained the consent of all identifiable persons shown in it for these uses.

3. I agree to reimburse a Paint My Picture and/or its Affiliates, Shareholders, Officers, Director's or licensees for any and all damages and expenses that arise (including any and all legal fees) from claims based on their use of any submitted photo, image, link, or text.

4. I certify that I am at least 18 years old and have the full legal authority to transfer any and all of these rights to a Paint My Picture

5. I further agree to hold harmless Paint My Picture, its officers, shareholders, directors, owners, agents, employees, or any other party involved in creating, producing, or distributing a Paint My Picture from any actions that arise through the use of this website, publications and purchases.

This site contains links to Web sites to which our Privacy Policy does not apply. We encourage you to read the privacy policy of every Web site you visit.

Changes to terms and conditions:

Paint My Picture reserves the right to change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in the terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to make yourself aware of any changes. Your continued use of this website after any changes to these terms and conditions of use are considered acceptance of those changes.