PLEASE READ THESE TERMS CAREFULLY.
YOU AGREE TO THESE TERMS BY USING THIS WEB SITE.
By using or accessing the Kwal Paint web site at kwalpaint.com or www.kwalpaint.com (collectively the “Web Site”), or by otherwise accessing any content found on this Web Site you are deemed to have entered into an agreement (the “Agreement”) with Kwal Paint and have agreed to be bound by the Terms set out below and all applicable laws and regulations. If you violate any of the Terms your permission to use this Web Site automatically terminates. If you do not agree to and accept, without limitation or qualification, these Terms, please exit the Web Site. The Web Site is owned and operated by Kwal Paint.
1. Definitions.
As used in these Terms:
- "Web Site" means the kwalpaint.com (www.kwalpaint.com) web site.
- "We," "Our," "Us" and "Kwal Paint" refer to our company, Kwal Paint.
- All other capitalized terms are defined parenthetically herein.
2. Changes to these Terms.
WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEB SITE. USE OF THE WEB SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the Web Site. If you do not agree to be bound by changes to the Terms, you should not use the Web Site any further after the changes in question are published. These Terms were last revised on June 15, 2011.
3. Use of Kwal Paint Content and Intellectual Property Protection.
3.1. Materials and content on the Web Site, including but not limited to text, software, files, code, information, graphics, images, data, audio and video (collectively, the "Materials" or “Material”), are owned by Kwal Paint, and its subsidiaries, related entities and affiliated companies (collectively the “Affiliates”) or third-party licensors. Kwal Paint, its Affiliates and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how – Contact marketing@kwalpaint.com for specific trademark information on the emblem or other proprietary details). Any Material that is a trademark, logo or service mark is also a registered and/or an unregistered trademark of Kwal Paint or others. Unless otherwise indicated on the Web Site, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the express written permission of Kwal Paint. Requests for permission for uses not authorized by these Terms may be sent to:
Kwal Paint
5575 DTC Parkway | Greenwood Village, CO 80111
Tel: 720-873-3060 | Fax: 720-873-3070
Or emailed to marketing@kwalpaint.com
Your use of any Materials, except as provided in these Terms, without the written permission of the Material owner is strictly prohibited. You are also advised that Kwal Paint will aggressively enforce its intellectual property rights to the fullest extent of the law.
3.2. You must retain all copyright, trademark and other proprietary notices including but not limited to the ® and TM symbols, contained in the original Web Site and Materials on any copy you make of these Materials. You may not frame or utilize framing techniques to enclose all or any portion of the Web Site. You may not use any meta tags or any other similar hidden text utilizing Kwal Paint's name or trademarks.
3.3. If you violate any of this Section 3, your permission to use the Materials and the Web Site automatically terminates and legal action may be implemented to recuperate losses including but not limited to direct, indirect, incidental, consequential, punitive or exemplary damages.
4. User Postings.
4.1. As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) Kwal Paint a royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub-licensable right and license, without compensation to you: to use, reproduce, modify, adapt (including without limitation edit or reformat), publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed whether a profit is realized or otherwise. The foregoing licenses shall survive termination of this Agreement for any reason. For each item of posting, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such posting complies with all applicable laws, rules and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy, intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of posting that you may have under any applicable law under any legal theory.
4.2. Without limitation, we are not responsible for and do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor do We endorse any opinions, advice, information or statements expressed by any users. Please note that other Web Site visitors may post messages or make statements that are inaccurate, misleading, deceptive, or offensive. You may rely on material posted by other users only at your own risk. We are not obligated to screen or monitor materials posted on this Web Site and you may not assume that posted materials are reviewed, authorized and/or acknowledged as accurate. Under no circumstances will Kwal Paint, its Affiliates, or their respective employees, officers, directors, shareholders, agents, or representatives, be liable for any loss or damage caused by your reliance on such information or materials.
4.3 We may for any reason edit, refuse to post or remove without notice any materials posted by users. However, We have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to Us at info@kwalpaint.com. However, We do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law, or for no reason at all. However, We have no obligation to expel any user or to prevent further access to the Web Site
4.4 Any Kwal Paint Affiliate may submit an advertisement, subject to the Terms of this Web Site for inclusion. Commercial advertising by for-profit organizations as well as advertising for personal business products or services is strictly prohibited unless a contractual agreement is signed by Kwal Paint. No solicitation is allowed. Kwal Paint does not check or verify information submitted; inclusion does not imply endorsement. Kwal Paint and/or its Affiliates make no representation regarding the validity of the information submitted nor the quality of items listed. Kwal Paint shall not be liable, expressly or implied, for misinformation, typographical errors or misprints in the ads, misrepresentation of items, or damages experienced by anyone using this Web Site or the information contained within. Kwal Paint reserves the right to delete, without notice, any advertisement considered inappropriate by Kwal Paint.
5. Use Policies.
Kwal Paint grants you permission to use the Web Site as follows:
- You must comply with all Terms, applicable laws, rules and regulations while using the Web Site.
You may not do any of the following while using the Web Site:
- Interfere with or disrupt networks connected to the Web Site or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Web Site, computer systems or networks connected to the Web Site, through password mining or any other means;
- Interfere with another user's use and/or enjoyment of the Web Site;
- Upload any message, information, data, text, software, graphics, file or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racist, scandalous, pornographic or profane or any material or Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or be otherwise objectionable. Kwal Paint will fully co-operate with any law enforcement authorities or any court order requesting or directing Kwal Paint to disclose the identity of anyone posting or transmitting any such information, Content or materials;
- Upload Content that contains a virus, corrupted file, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Impersonate any person or entity, including, but not limited to Kwal Paint personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name, or stating or implying that We endorse any statement you make;
- Upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
- Upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
- Upload any unsolicited, unapproved advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
- Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use;
- Upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
- You are prohibited from restricting or inhibiting any other person from use of the Web Site;
- You are prohibited from using the Web Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Web Site; and
- You are prohibited from modifying, adapting, translating, reverse engineering, decompiling or disassembling any portion of the Web Site.
6. Linking to the Web Site.
You may provide a link on your site to the Kwal Paint Web Site subject to the following requirements:
- You may not frame or alter the appearance or visual presentation of the Web Site or any trademark, trade name or logo.
- You may not state or imply that We endorse, sponsor or otherwise approve your site or any other sites, unless authorization is expressly provided in writing by an officer of Kwal Paint. Links to the Web Site may not be used in a way that implies or suggests that We approve or endorse you, your web site or your goods and services, unless authorization is expressly provided in writing by an officer of Kwal Paint.
- Links may be text-based using the words: "Kwal Paint or "kwalpaint.com" or graphics supplied and certified by Kwal Paint’s Marketing Department and only upon review and written approval for such use by an officer of Kwal Paint. You may not use the Kwal Paint logo on any site that disparages Us or any of our Affiliates, or presents false or misleading information about Us or any of our Affiliates.
- You may not use the Kwal Paint logo as a predominant feature of your site. At a minimum, this means that the Kwal Paint logo must appear smaller than your web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
- You may not use the Kwal Paint logo in any manner that would adversely affect the name, reputation or goodwill of Kwal Paint, or use the Kwal Paint logo on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, hateful, racist, that may be invasive of another's privacy or is otherwise in any way objectionable.
- You may not use the Kwal Paint logo on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation. We have no responsibility or liability for any content appearing on your web site.
- You agree to defend, indemnify and hold harmless Kwal Paint and its Affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your web site. We reserve the right to defend any such claim, and you agree to provide Us with such reasonable cooperation as We may request. By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Kwal Paint logo and other Kwal Paint and its Affiliates marks and logos belong exclusively to Kwal Paint and its Affiliates. In addition, you acknowledge the validity of Kwal Paint's ownership to the Kwal Paint logo and other Kwal Paint marks and logos and will not contest such ownership or the validity of any registrations of Kwal Paint relating to such marks and logos.
- You agree that use of the Kwal Paint logo shall inure to the benefit of Kwal Paint. If you happen to obtain any rights or goodwill in the Kwal Paint logo, you agree that all such rights and goodwill will automatically vest in Kwal Paint and you will take all actions necessary to establish such vesting.
- You are prohibited from using Kwal Paint marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of Kwal Paint. We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the Web Site from your site.
Subject to these Terms and your compliance with the above requirements, Kwal Paint agrees to grant you, upon receipt of Kwal Paint’s express written permission, a limited, non-exclusive, non-transferable, royalty-free license to use the Kwal Paint logo solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the Kwal Paint logo set forth in this paragraph, you may not use any of the Kwal Paint logo, trademarks or service marks for any other reason without the express written permission of Kwal Paint. Kwal Paint may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Kwal Paint logo and your right to link to any pages on the Web Site. Upon our request, you agree to immediately remove all links to the Web Site and to cease using the Kwal Paint logo. Without limiting the foregoing, if you violate any of this Section 6, your license to use the Kwal Paint logo and your right to link to any pages on the Web Site automatically terminates.
7. Links to Third-Party Sites.
The Web Site may contain links to third-party web sites owned or operated by parties other than Kwal Paint. These links are provided solely for your convenience. They are not an endorsement by Us of the contents of such third-party web sites. We do not control and are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites. Without limiting the foregoing, Kwal Paint specifically disclaims any responsibility if such sites:
- Infringe any third party’s intellectual property rights;
- Are inaccurate, incomplete or misleading;
- Are not merchantable or fit for a particular purpose;
- Do not provide adequate security;
- Contain viruses or other items of a destructive nature; or
- Are libelous or defamatory
If you decide to access linked third-party web sites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of this Web Site.
8. Submissions.
We welcome comments regarding our services and products. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to Us will be our exclusive property. Submission of any such Comments constitutes an assignment to Kwal Paint of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. Kwal Paint will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, We ask that you do not send Us any Comments that you do not desire to assign to Kwal Paint, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
9. Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Kwal Paint Marketing Department at marketing@kwalpaint.com.
10. Indemnification.
You agree to defend, indemnify and hold harmless Kwal Paint and its Affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees), express or implied arising from or relating to your use of the Web Site or the Materials, Content that you post to the Web Site or otherwise provide to Kwal Paint, or your breach or violation of these Terms. Kwal Paint reserves the right to defend any such claim, and you agree to provide Kwal Paint with such reasonable cooperation as it may request.
11. Disclaimer of Warranties.
11.1. THE WEB SITE AND ALL THE MATERIALS, USER CONTENT, INFORMATION, SERVICES, SOFTWARE, ADVICE AND THE LICENSED AND UNLICENSED MARKS MADE AVAILABLE THROUGH THE WEB SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED ON AN “AS-IS”, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KWAL PAINT, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without limiting the foregoing, Kwal Paint neither warrants nor represents that your use of the Web Site, any software, services, Content, user content, Materials, or other information will not infringe the rights of any third parties nor that any of the foregoing will be accurate, complete or up-to-date. Additionally, with reference to any postings, submissions and the like that may be on the Web Site, Kwal Paint assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law, contained in anywhere on the Web Site.
11.2. You understand and agree that: (a) We are not responsible for the timeliness, mis-delivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) We make no warranty as to the accuracy or completeness of the information and services provided or obtained through the Web Site or the results of your use of the Web Site; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the Web Site; (d) We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the Web Site; and (e) the information on the Web Site may contain typographical errors or inaccuracies and may not be complete or current and, therefore, We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
11.3. You understand and agree that use of the Web Site and the Materials is at your sole risk, that any Materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system, network, equipment, property or loss of data that results from the download or use of such Materials or information. We make no warranty or representation as to the security of any information you transmit to Us or receive from Us.
12. Limitation of Liability.
YOUR USE OF THE WEB SITE OR ANY SOFTWARE, SERVICES, CONTENT, MATERIALS OR INFORMATION AVAILABLE THROUGH THE WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL KWAL PAINT, ITS AFFILIATES, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN THE CREATING, PRODUCING, OR DELIVERING OF THE WEB SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, AND REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEB SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEB SITE OR THE MATERIALS, THE KWAL PAINT LOGO, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KWAL PAINT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE IS TO STOP USING THE WEB SITE. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
13. Privacy Notice.
Be sure to check Our Privacy Policy to understand Our specific privacy practices. The Privacy Policy is subject to these Terms and is incorporated by reference herein. Any personal data (for example, your name, address, telephone number or email address) you transmit to the Web Site by electronic mail or otherwise will be used by Kwal Paint in accordance with the Web Site’s Privacy Policy as posted. Any other communication, Content or material you transmit to the Web Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Web Site is and shall remain, true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, misleading or incomplete, We may terminate your use of the Web Site.
14. Export Control.
Software and other materials from the Web Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Web Site may be downloaded or exported into:
- Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or
- To anyone on the United States Treasury Department’s list of Specially Designates Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Kwal Paint does not authorize the downloading or exportation of any software or technical data from the Web Site to any jurisdiction prohibited by the United States Export Laws or to anyone on any such list. By downloading or using any software, you represent and warrant that you are not located in, under control of, or a national or resident of any such county on any such list.
15. Indemnity.
You agree to defend, indemnify and hold harmless Kwal Paint, its Affiliates and any other party involved in creating, producing, or delivering the Web Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation lawyers’ fees) arising out of (a) your use of, or activities in connection with the Web Site; (b) any violation of these Terms by you or through your account; or (c) any allegation that any submission or posting that you make available or create through the Web Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
16. Termination.
You agree that Kwal Paint, in its sole discretion, may terminate your access or use of the Web Site, at any time and for any reason, including without limitation if Kwal Paint believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Web Site will immediately cease. You agree that any termination of your access to or use of the Web Site may be effected without prior notice. You agree that neither Kwal Paint nor any of its Affiliates will be liable to you or any third party for termination of your access to the Web Site.
17. Revisions to the Web Site.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Web Site, the services or software, with or without notice; limit the Web Site’s availability to any person, geographic area or jurisdiction We choose; charge fees in connection with the use of the Web Site; modify any or waive any fees charged in connection with the Web Site; and/or offer opportunities to some or all users of the Web Site. You agree that neither We nor any Affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site, in whole or in part, or of any service, software, Content, submission, posting, Material, feature or product offered through the Web Site. Your continued use of the Web Site after such changes will indicate your acceptance of such changes.
18. Law and Jurisdiction.
These Terms and use of the Web Site are governed by the laws of the State of Colorado, USA, without regard to its choice of law provisions. The courts of general jurisdiction located in the city and county of Denver, Colorado, USA will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms and/or the Web Site, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
19. Severability.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity of any remaining provision.
20. Void Where Prohibited.
Although the Web Site is accessible worldwide, not all services or products discussed or reference on the Web Site are available to all persons or all geographic locations or jurisdictions. We reserve the right to limit the availability of this Web Site and or the provision of any product or service to any person, geographic area or jurisdiction We so desire, at any time and in Our sole discretion.