Terms & Conditions
These terms and conditions apply to your use of a-painting websites services and products (“Services” or individually a “Service”) that post a link to these Terms and Conditions and that are provided by us
Using our Services
Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by a-painting, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, or any relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in the systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
You may not, without the approval of a-painting, use the Services to publish or distribute any advertising, promotional material, or solicitation to other users of the Services to use any goods or services. For example (but without limitation), you may not use the Services to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Services to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
Content Provided to Us or Posted on or Through the Service
Some of our Services allow you to upload, submit, store, send or receive content. You shall not make any Submission anonymously, and you warrant and represent that any such Submission is original. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By posting such a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified
You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.
We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.
You hereby agree to indemnify and hold a-painting harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' or legal fees, arising out of or in connection with your violation of these Terms and Conditions, and your use of an inability to use any of the Services or the Content or Submissions.
Registered User Grant of License
A-painting require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform a-painting of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. A-painting does not permit order of words other than you to use the sections requiring registration by using your name or password; or access through a single name being made available to multiple users on a network or otherwise. As a registered user of a Service, a-painting grants to you a non-transferable, non-exclusive and revocable license to use the Service according to these Terms and Conditions. Except as expressly granted herein or in any other agreement you have with a-painting, you acquire no right, title or license in the Service or any Content or Submission accessed from or incorporated in the Service.
Password Use and Security
If you use a password to access a Service, you must not reveal your password and must take reasonable steps to keep your password confidential and secure. A-painting is in no way liable for any claims or losses related to the use or misuse of your password or account due to the activities of any third party outside of our control or due to your failure to maintain their confidentiality and security.
About These Terms and Conditions
Term and Termination: Any license granted to you to use any Service is effective until it expires, until a-painting terminate it, or until you provide notice to a-painting of your decision to terminate it. Your rights under the license will terminate automatically without notice to you if you fail to comply with any of the provisions of these Terms and Conditions. a-painting reserve the right to suspend, discontinue or change a Service, or its availability to you, at any time without notice. Upon termination of the license to a Service, you shall cease all use of the Service.
No Waiver: Neither failure nor delay on the part of a-painting to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms and Conditions shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Additional Terms: Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of a Service, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Service, for any service offered on or through the Service, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Service, the specific service or the subscribed or licensed product.
Compliance with Laws: You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Services, Content or any Submission.
Severability: If any provision in these Terms and Conditions is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
Governing Laws and Venue: All matters relating to your access to or use of the Services, including all disputes, shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflicts of law principles, except if you reside outside of the European Union, then the laws of the country of the a-painting regional office in the region where you reside will apply. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Amsterdam, The Netherlands, except if you reside outside of the European Union, then the courts located in the country of the a-painting office in the region where you reside will have exclusive jurisdiction. Any claim arising out of or in connection with your use of or inability to use the Service or the Content or any Submission must be brought within one year after the event or such claim is barred.
Changes: A-painting reserve the right to change, modify, add or remove portions of these Terms and Conditions at its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of any Service following the posting of any changes will mean that you have accepted and agreed to the changes.