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Terms of Service

1. ACCEPTANCE OF TERMS
MadeInPaint provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By using our Service, you agree to be bound by Section I of these Terms of Use.

2. AVAILABILITY
You understand and agree that the Service is provided "AS-IS" and that MadeInPaint assumes no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. REGISTRATION
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MadeInPaint has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MadeInPaint has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. ACCOUNT
You will choose a Password and account Username upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MadeInPaint of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MadeInPaint cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. CONDUCT
You understand that all graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not MadeInPaint, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MadeInPaint does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MadeInPaint be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • • harm minors in any way;
  • • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
  • • upload, post, email, transmit or otherwise make available any material that contains 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;
  • • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • • Collect or store personal data about other users.

MadeInPaint and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, MadeInPaint and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that MadeInPaint may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of MadeInPaint, its users and the public.

Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
MIP does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MIP the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  • • With respect to graphics you submit or make available for inclusion on publicly accessible areas of the Service MadeInPaint, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license is perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of MadeInPaint that are intended by MadeInPaint to be available to the general public.

7. INDEMNITY
You agree to indemnify and hold MadeInPaint and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Your Ability to Edit and Delete Your Account Information and Preferences.

9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MadeInPaint may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on MadeInPaint servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MadeInPaint has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MadeInPaint reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MadeInPaint reserves the right to modify these general practices and limits from time to time.

10. MODIFICATIONS TO SERVICE
MadeInPaint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MadeInPaint shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION
You agree that MadeInPaint may, under certain circumstances and without prior notice, immediately terminate your account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities. Termination of your MadeInPaint account includes deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in MadeInPaint’s sole discretion and that MadeInPaint shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

13. MADEINPAINT'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MadeInPaint grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MadeInPaint for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MADEINPAINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • B. MADEINPAINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MADEINPAINT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MADEINPAINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

MadeInPaint respects the intellectual property of others, and we ask our users to do the same. MadeInPaint may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Copyright Agent the following information:

  • • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • • a description of where the material that you claim is infringing is located on the site;
  • • your address, telephone number, and email address;
  • • 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;
  • • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

16. GENERAL INFORMATION

  • • The TOS constitutes the entire agreement between you and MadeInPaint and governs your use of the Service.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MadeInPaint services, affiliate services, third-party content or third-party software.
  • • The TOS and the relationship between you and MadeInPaint shall be governed by the laws of Uruguay without regard to its conflict of law provisions. You and MadeInPaint agree to submit to the personal and exclusive jurisdiction of the courts located within the department of Montevideo, Uruguay.
  • • The failure of MadeInPaint to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS 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 use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. VIOLATIONS
Please report any violations of the TOS to madeinpaint@hotmail.com

We are not associated with Microsoft. MS Paint is a registered trademark of Microsoft Corp.